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Appellate jurisdiction
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AP Gov flashcards
Unit #6: The Judicial Branch
| Term | Definition |
|---|---|
| Appellate jurisdiction | authority of a court to hear an appeal from a lower court |
| civil law | concerns noncriminal disputes between private parties |
| Class action lawsuit | lawsuit brought on behalf of a class of people against a defendant (e.g. lawsuits brought by those who suffered from smoking against tobacco companies) |
| Concurring opinion | written by a Supreme Court Justice who voted with the majority, but for different reasons |
| Dissenting opinion | written by a Supreme Court Justice(s) who express a minority viewpoint in a case |
| Injunction | court order that forbids a party from performing a certain action |
| Judicial activism | philosophy the courts should take an active role in solving problems |
| Judicial restraint | philosophy the courts should defer to elected lawmakers in setting policy, and should instead focus on interpreting law than making law |
| Judicial review | power of the courts to review the constitutionality of laws or gov action |
| Litigation | the process of taking claims to a court of law |
| Majority opinion | written to express the majority viewpoint in a Supreme Court case |
| Original intent | basis for belief in judicial restraint, its possible to know and understand the will of the authors of the Constitution and its amendments and this should guide court decisions |
| Original jurisdiction | authority of a court to first hear a case |
| Remand | the Supreme Court's sending of a case back to the original court which it was heard |
| Rule of four | the Supreme Court will hear a case if 4 Justices agree |
| Stare decisis | Latin for "let the decision stand." Supreme Court policy of following precedent in deciding cases |
| Writ of certiorari | issued by the Supreme Court to a lower court to send up the records of a case so it can be reviewed by the high court |
| Writ of habeas corpus | court orders the authorities show cause for why they're holding a prisoner in custody. Deters unlawful imprisonment |
| Writ of mandamus | sort order directing a party to perform a certain action |
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