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Unit 5 Topic 7
The Judicial Branch Terms
| Term | Definition |
|---|---|
| appellate jurisdiction | the authority of a court to review decisions of inferior courts |
| brief | detailed written statements filed with the Court before oral arguments are presented |
| certificate | a method of putting a case before the Supreme Court; used when a lower court is not clear about the procedure or rule of law that should apply in a case and asks the Supreme Court to certify the answer to a specific question |
| civil case | a case involving a noncriminal matter such as a contract dispute or a claim of patent infringement |
| civilian tribunal | a court operating as part of the judicial branch, entirely separate from the military establishment |
| concurrent jurisdiction | power shared by federal and State courts to hear certain cases |
| concurring opinion | written explanation of the views of one or more judges who support a decision reached by a majority of the court, but wish to add or emphasize a point that was not made in the majority decision |
| courts-martial | a court composed of military personnel, for the trial of those accused of violating military law |
| criminal case | a case in which a defendant is tried for committing a crime as defined by the law. |
| defendant | in a civil suit, the person against whom a court action is brought by the plaintiff; in a criminal case, the person charged with the crime |
| dissenting opinions | written explanation of the views of one or more judges who disagree with a decision reached by a majority of the court |
| docket | a court's list of cases to be heard |
| judicial activism | a judicial philosophy in which supporters believe that judges should interpret and apply provisions in the Constitution and in statute law in the light of ongoing changes in conditions and values |
| judicial restraint | a judicial philosophy in which supporters believe that judges should decide cases based on the original intent of the Framers or those who enacted the statute involved in a case or on precedent |
| jurisdiction | the authority of a court to hear a case |
| majority opinion | officially called the Opinion of the Court; announces the Court's decision in a a case and sets out the reasoning upon which it is based |
| original jurisdiction | the power of a court to hear a case first before any other court |
| plaintiff | in civil law, the party who brings a suit or some other legal action against another in court |
| precedent | court decision that stands as an example to be followed in future; similar cases |
| record | a transcript of proceedings made in trial court |
| redress | satisfaction of a claim payment |
| writ of certiorari | an order by a higher court directing a lower court to send up the record in a given case for review; from the Latin meaning "to be more certain" |
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mblevins
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