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Unit #6: The Judicial Branch

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Term
Definition
Appellate jurisdiction   authority of a court to hear an appeal from a lower court  
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civil law   concerns noncriminal disputes between private parties  
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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)  
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Concurring opinion   written by a Supreme Court Justice who voted with the majority, but for different reasons  
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Dissenting opinion   written by a Supreme Court Justice(s) who express a minority viewpoint in a case  
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Injunction   court order that forbids a party from performing a certain action  
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Judicial activism   philosophy the courts should take an active role in solving problems  
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Judicial restraint   philosophy the courts should defer to elected lawmakers in setting policy, and should instead focus on interpreting law than making law  
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Judicial review   power of the courts to review the constitutionality of laws or gov action  
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Litigation   the process of taking claims to a court of law  
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Majority opinion   written to express the majority viewpoint in a Supreme Court case  
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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  
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Original jurisdiction   authority of a court to first hear a case  
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Remand   the Supreme Court's sending of a case back to the original court which it was heard  
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Rule of four   the Supreme Court will hear a case if 4 Justices agree  
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Stare decisis   Latin for "let the decision stand." Supreme Court policy of following precedent in deciding cases  
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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  
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Writ of habeas corpus   court orders the authorities show cause for why they're holding a prisoner in custody. Deters unlawful imprisonment  
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Writ of mandamus   sort order directing a party to perform a certain action  
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