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| When the court inserts its own preferences over policy for those of another institution |
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| An order of an appellate court to an inferior court to send up the records of a case that the appellate court has elected to review. |
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| 5 judges needed regardless of total number voting. Considered precedent – future courts bound by decision. |
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| Less than 5 judges. Not precedent. |
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| When a justice agrees with the outcome stated by the majority opinion but not with the reasoning |
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| When justice disagrees with the outcome stated by the majority |
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| Atmosphere under which bill was passed |
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| Outcome generated after implementation |
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| The actual document mapping out political/social arrangements |
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| Includes the set of principles, practices, understandings, and traditions that actually govern society |
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| Interpretations of law conducted in reference to original drafters of Constitution. Look at plain meaning of statute or Constitution, intent of legislators or Framers, and precedent. |
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| Courts should have discretion to interpret the Constitution according to contemporary values and circumstances. View Constitution as living document capable of changing through interpretation |
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| “Ratio Decidendi” – Key facts of the case, overall conclusion and rationale. Used to establish precedent. |
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| “Ober Dictum” – Comments in the opinion not related to legal principles. Not considered precedent. |
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| Past cases as legal reference |
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| Common law principle to decide contemporary disputes using legal principles in past cases. Latin for “to stand by what’s decided.” |
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| Authority to have a trial |
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| Authority to hear and review a case decided by a lower court |
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| Authority of the court to determine the constitutionality of acts committed by other branches and to strike down acts judged to be in violation of the Constitution |
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| When an issue is already resolved. |
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| When an issue is not completely developed. |
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| An individual must have suffered a direct or concrete injury and demonstrate a connection between injury and action of opposing party |
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| Court order for a prisoner to be brought before a judge |
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| An issue that is best resolved by the legislative or executive branch rather than the judiciary. |
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| Nominated by president, confirmed by Senate. Applies to principle officers only. |
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| Article I, Section 6 – Members of Congress cannot be punished for speaking their mind on the floor except in certain cases. |
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| Allows President to “keep secrets” from the public (even though it is not in the Constitution) to provide President with truthful accurate information over policy choices without negative repercussions. |
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| Court order to a government official to perform a specific task |
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| Article I, Section 7 – Gives president power to veto a bill after Congress has passed it |
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