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| social norm the infraction of which is sanctioned in threat or in fact by the application of physical force by a party possessing the socially recognized privilege of so acting |
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| a system of law inherited from England based on legal precedents or tradition instead of statutory law or systematic legal codes |
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| "stand by what has been decided" In effect, the tradition of honoring and following previous decisions of the courts and established points of law |
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| the authority of a court to hear and decide legal disputes and to enforce its rulings |
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| power of state governors to fill in the details of legislation passed by state legislatures |
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| entire body of law for a particularlegal entity |
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| type of law enacted by a legislative body such as congress, a state legislature, or city council |
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| deals with disagreements between individuals--for example, a dispute over private property |
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| pertains to offenses against the state itself --actions that may be directed against a person but that are deemed to be offensive to society as a whole |
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| an offense against the state, punishable by fine, imprisonment or death |
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| that realm of the law in which the judge is able to issue a remedy that will either prevent or cure the wrong that is about to happen--for example, an injunction against an illegal strike by a union |
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| deals with the rights and obnligations that private indivduals and institutions have when they relate to one another |
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| addresses the relationship that individuals and institutions have with the state as a sovereign entity |
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| decisions and regulations set fourth by the various administrative agencies of the government |
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| the compiliation of all court rulings on the meaning of the various words, phrases, and clauses in the U.S. constitution |
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| money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries. Compensatory damages are designed to cover the plaintiff's actual loss; punitive damages are designed to puish the defendant |
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| when the courts refuse to rule because they believe that under the U.S. constitution the founders meant that the matter at hand should be dealt with by Congress or the president, the courts are refusing to rule on a political question |
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| official decision of a court finally resolving the dispute between the parties to the lawsuit |
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| a court order compelling a public offical to perform hi sor her duty |
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| the court that by law must be the first to hear a particular type of case. For example, in suits with at least $75,000 at stake between citizens from different states, the federal district courts are the courts of original jurisdiction |
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| power of the judicial branch to declare acts of the executive and legislative branches unconstitutional |
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| the authority of a higher court to review the decision of a lower court |
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| an order issued by the U.S. Supreme Court directing the lower court to transfer records for a case that it will hear on appeal |
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| a judge's written explanation of the court's decision. Because the case may be heard by a panel of judges in an appellate court, the opinion can take two forms. If all the judges completely agree with the result, one judge will write the opinion of all. If all the judges do not agree, the formal decision will be based on the view of the majority, and one member of the majority will write the decision. |
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| an opinion by a member of a court that agrees with the result reached in the case but offers its own ratioale for the decision. |
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| during this stage the judges decide whether to give and appeal a full review or to dispose of it in some other way. |
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| Three-judge panels (of appellate courts) |
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| Most decisions of the U.S. courts of appeals are not made by the entire sitting together but by three judges, often selected at random, to hear any given case. |
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| En Blanc ("in the bench" or "as a full bench") |
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| Court sessions with the entire membership of a court participating,not just smaller panel judges |
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| an opportunity for lawyers to summarize their position before the court and answer the judges' questions |
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| following the oral argument, the judges may confer briefly and, if they are in agreement, may announce their decision immediately |
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| trial without a jury in which the judge decides which party prevails |
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| a body of 16 to 23 citizens who listen to evidence of criminal allegations, which is presented by the prosecutors, and determine whether probable cause exists to believe an individual committed an offense |
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| in a civil case, the person or organization against whom the plaintiff brings suit; in a criminal case, the person accused of the crime |
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| three-judge district courts |
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| with some types of important cases congress had mandated that the case cannot be heard by a U.S. trial judge acting alone but has to be decided by a panel of three judges, one of whom must be an appeals court judge. |
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| a lower-level judicial official to whom the accused is brought after the arrest. this person has the obligation to inform the accused of the charges against him or her and to explain his or her legal rights |
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| a petty crime. punishment usually is confinement in a city or county jail for less than a year. |
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| reluctance of a judge to inject into a case his or her own personal ideas of what is good or bad public policy |
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| decision of a grand jury to order a defendant to stand trial because the jury believes that probably cause exists to warrent a trial |
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| a bargin or deal that has been struck between the prosecuter and the defendant's attorney whereby some form of leniency is promised in exchange for a guilty plea |
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| a writ (count order) that is usually used to bring a prisoner before the court to determine the legality of his or herimprisonment |
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| if a court case centers around the interpretation of a federal law, the U.S. constitution, or a treaty, then it contains a federal question and the case may be heard by a U.S. court. |
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| a situation in which two courts have a legal right to hear the same case. For example, both the U.S. Supreme Court and U.S. trial courts have this in certain cases brought by or against ambassadors or consuls. |
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| on the supreme court at least 4 justices must agree to take a case before the Court as a whole will consider it |
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| the procedure by which one of the U.S. appeals courts asks the U.S. Supreme Court for instructions or clarification about a particular legal matter. The justices may either choose to honor this request or not, or they may request that the entire record of the case be sent to the supreme court for review and final judgement |
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| whether a judge ought to hear or refrain from hearing certain types of cases. It differs from jurisdiction, which pertains to the technical right of a judge to hear a case. For example, lawsuits dealing with political with political questions are considered nonjusticiable |
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| rendering a decisions on an abstract or hypothetical question |
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| the status of someone who wishes to bring a lawsuit. To have standing the person must have suffered or be immediately about to suffer) a direct and significant injury. |
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| a suit brought by persons having similar grievances against a common entity --for example, a group of smokers with lung cancer suing a tobaco company |
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| a written statement filed by the plaintiff who initiates a civil case. It states the wrongs allegedly commited by the defendant and requests relief from the court |
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| describes a case when the basic facts or the status of the parties having significantly changed between the time the suit was filed to when it comes before the judge |
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| when a court outlines the right of the parties under a statue, a will, or a contract |
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| diversity of citizenship matters |
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| suits between individuals who are citizens of different states |
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| a method of selection state judges that requires the governor to make the appointment from a short list of names submitted by a special comission established for that purpose. After serving for a breif period of time, the judge must run in a retention election. Voters thus determine whether the judge should be retained for a full term. |
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| the only way in which a federal judge may be removed from office. The House of Reps brings the charge(s), and the Senate, folloing trial, convicts by 2/3rds vote of the membership |
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| for judges this means support for the defendant in criminal cases, support for a broadening position for freedom of expression, and support for the gov't in its attempt to economically regulate individuals and corporations |
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| under this practice senators of the president's political party who object to a candidate that the president wishes to appoint to a district judgeship in their home state have a virtual veto over the nomination. |
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| the device that senators use to invoke the practice of senatorial courtesy when they are objecting to a president's nomination to a disctrict judgeship. |
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| an appointment made by the president when congress is in recess. Persons appointed in the manner mayy hold office only untill Congress reconvenes. |
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| process by which a new judge is formally and informally trained to perform the specific tasks of the judgeship. |
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| when the sum of a judge's age and number of years on the bench is 80, Congress permits the individual to retire with full pay and benifits |
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