Term
| Activism vs. Self-restraint |
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Definition
| Two approaches to judicial decision making in the American political system. Activists believe that a judge should use their position to promote desirable social ends. Self restraint opponents believe that in deciding cases a judge should defer to the legislative and executive branches, which are politically responsible to the voters, and not indulge his or her personal philosophy. |
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Term
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| "Friend of the Court." Individuals or groups who are not parties to a lawsuit may aid or influence the courts in reaching its decision. |
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Term
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Definition
| An order issued by a higher court to a lower court to send up a record of a case for review. Only a limited number of cases may be appealed as a matter of right. |
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Definition
| A court order directing an official who has a person in custody to bring the prisoner to court and to show cause for his or her detention. Generally considered to be the most important guarantee of liberty bc it prevents arbitrary arrest and imprisonment. |
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Term
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Definition
| An order issued by the court to compel performance of an act. The authority of the court may be brought to bear upon anyone who fails to perform an act that someone has a legal right to expect. |
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Term
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| An order in writing issued by a court ordering the performance of an act or prohibiting some act. Courts exercise their power largely through the issuance of writs, which are essential for the orderly progress of judicial functions. |
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