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| a writ issued by a judge, ordering a person to appear in court for a specified purpose. Federal=blue book, Texas=green book |
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| upholding a lower court judgment |
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| the overthrow or annul an earlier verdict |
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| Subject matter jurisdiction |
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power by law of a particular type of court to hear a particular type of case
original, appellate, general, limited, exclusive, concurrent |
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| previous decisions by a higher court that a judge must follow when deciding a case |
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| Previous decisions of a higher court that a judge may, but does not have to, follow in reaching a decision in a case |
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| binding legal authority that a court must follow in making a decision in a case |
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| neither binding or precedent, but which the court may use to support its decision if it chooses |
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| fewer than all judges, usually 3 |
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| Like issues should be decided alike-the doctrine that judicial decisions stand as precedents for cases arising in the future. |
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| a party who appeals from a lower court to a higher court |
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| a party against whom a case is appealed from a lower court to a higher court |
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| agree-1 or more Judges voted for the same result as majority, but for different legal reasons |
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| a summary statement that appears at the beginning of a reported case to indicate the points decided by the case. |
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| not the words of the Court, very general summary of basic fact, type of case, prior proceedings, present proceeding, names of Judges, info on concurring or dissenting opinions |
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| appeal from a JP or Municipal court to a County of records |
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| a crime not amounting to a felony; in many jurisdictions, misdemeanors are offenses for which the punishment is incarceration for less than a year or the payment of a fine |
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West's upside down T
L.Ed. paragraph space |
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| administrative, legislative, |
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| the law itself. constitution,statutes |
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| someones commentary of the law, legal encyclopedias |
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| a general term for more serious crimes, as distinguished from lesser offenses, which are known as misdemeanors; in many jurisdictions, felonies are crimes for which the punishment is death or more than one year of imprisonment |
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| judicial interpretations of legal questions requested by the legislative or executive branch of government |
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| Citation, Judicial History, Facts, Issues, Decision, Holding, Rationale |
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| Ultimate court that deals with civil/criminal cases |
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| Texas Court of Criminal Appeals |
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| Highest court for criminal appeals |
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| breach of contract, civil,DWI |
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| true/false: L.Ed. doesn't use key topics |
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| No headnotes or research tools Facts, Rule of Law, Decisions, oand Holding |
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| table of cases, statutes and stats confirmed, words and phrases |
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| Official reporters over unofficial reporters |
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| U.S District Court Opinion |
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| Federal Supplement, Federal Reporter |
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| U.S. Supreme Court Reporter |
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| U.S. Reports-official, U.S. Supreme Reporter-unofficial |
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| Our state specific/regional specific reporter |
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| Southwestern Reporter states |
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| TTKAM Texas, Tennessee, Arkansas, Missouri, Kentucky |
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| Corpus Jurisprudence Secundum, LCP |
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| Judge made law in the absence of any other controlling law, issue of first impression, like "sudden passion" meaning |
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| involve 1 or a few parties on each side, non criminal, objectives-damages or resolution/equity burden of proof- preponderance of the evidence |
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| individual against state, involves misdemeanor or felony charges, can be punished by jail time, probation and restitution Burden of proof is higher-beyond a reasonable doubt |
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| don't determine winner/loser, mechanical rules-how things are done, rules of interrogatories |
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| important, determines winner/loser |
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| written by the court, no judges name |
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| citing of opinions that support decision |
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| Never part of a brief, immaterial remarks |
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