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Unit 4 Flashcards
Institutions of National Government: The Congress, the Presidency, the Bureaucracy, and the Federal Courts
194
Political Studies
10th Grade
03/19/2012

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Term
Franking Privilege
Definition
The ability of member of Congress to mail letters to their constituents free of charge by substituting their facsimile signature (frank) for postage
Term
Unicameral
Definition
Having or consisting of a single legislative chamber
Term
Bicameral
Definition
having or consisting of a single legislative chamber. U.S Congress is a bicameral legislature.
Term
Speaker of the House
Definition
Leader of the House of Representatives. Leader of the majority party.Splits votes and controls House discussion.
Term
Henry Clay
Definition
Speaker of the House during the early 1820's. A compromiser dealing with many issues against slavery.
Term
Newt Gingrich
Definition
Speaker of the House during the late 1990's. Co-author of "Contract with America" While he was House speaker, the House enacted welfare reform, passed a capital gains tax cut in 1997, and in 1998 passed the first balanced budget since 1969.
Term
Nancy Pelosi
Definition
Speaker of the House, 2007-2011. Democrat. First Madame Speaker.
Term
Harry Reid
Definition
Majority and Minority Whips. Key senator. very experienced.
Term
Party caucus
Definition
a meeting of supporters or members of a political party or movement
Term
Rules Committee
Definition
a committee of the United States House of Representatives. Rather than being responsible for a specific area of policy, as most other committees are, it is in charge of determining under what rule other bills will come to the floor. "traffic cop of Congress"
Term
filibuster
Definition
the use of extreme dilatory tactics in an attempt to delay or prevent action especially in a legislative assembly
Term
17th Amendment
Definition
Popular election of senators
Term
Rule 22
Definition
a simple majority is needed to stop a filibuster in the senate
Term
cloture
Definition
the closing or limitation of debate in a legislative body especially by calling for a vote
Term
term limits
Definition
a legal restriction that limits the number of terms a person may serve in a particular elected office
Term
Us term Limits, Inc v. Thornton
Definition
a case in which the Supreme Court of the United States ruled that states cannot impose qualifications for prospective members of the U.S. Congress stricter than those specified in the Constitution
Term
marginal districts
Definition
a constituency held with a particularly small majority in a legislative election
Term
safe districts
Definition
a seat in a legislative body which is regarded as fully secured, either by a certain political party, the incumbent representative
Term
House Banking scandal
Definition
in early 1992, when it was revealed that the United States House of Representatives allowed members to overdraw their House checking accounts without risk of being penalized by the House bank
Term
malapportionment
Definition
in early 1992, when it was revealed that the United States House of Representatives allowed members to overdraw their House checking accounts without risk of being penalized by the House bank
Term
gerrymandering
Definition
a practice that attempts to establish a political advantage for a particular party or group by manipulating geographic boundaries to create partisan or incumbent-protected districts.
Term
majority-minority districts
Definition
a United States congressional district in which the majority of the constituents in the district are racial or ethnic minorities
Term
Wesberry v. Sanders
Definition
a U.S. Supreme Court case involving U.S. Congressional districts in the state of Georgia. The Court issued its ruling on February 17, 1964. This decision requires each state to draw its U.S. Congressional districts so that they are approximately equal in population.
Term
Baker v. Carr
Definition
The redistricting of state legislative districts is not a political question, and thus is justiciable by the federal courts.
Term
one man, one vote
Definition
a decennial census for the purpose of assuring a fair distribution of seats in the US House of Representatives, slogan
Term
Shaw v. Reno
Definition
Redistricting based on race must be held to a standard of strict scrutiny under the equal protection clause while bodies doing redistricting must be conscious of race to the extent that they must ensure compliance with the Voting Rights Act.
Term
descriptive representation
Definition
the idea that elected representatives in democracies should represent not only the expressed preferences of their constituencies (or the nation as a whole) but also those of their descriptive characteristics that are politically relevant, such as geographical area of birth, occupation, ethnicity, or gender
Term
substantive representation
Definition
a concept in the legislative branches of representative republics describing the tendency of representatives to advocate for certain groups. performance, not description
Term
sophomore surge
Definition
an increase in votes that congressional candidates (candidates for the House of Representatives) usually receive when running for their first re-election
Term
privileged speech
Definition
a legal immunity enjoyed by members of certain legislatures, in which legislators are granted protection against civil or criminal liability for actions done or statements made related to one's duties as a legislator
Term
representational theory
Definition
elected will act for who they represent
Term
organizational theory
Definition
elected will act for who is above them
Term
Attitudinal theory
Definition
elected will act on how they feel
Term
President Pro Tempore
Definition
During the Vice President's absence, the president pro tempore presides over its sessions or appoints another senator to do so. The president pro tempore is elected by the Senate and is customarily the longest serving senator in the majority party.
Term
Party Whip
Definition
an official in a political party whose primary purpose is to ensure party discipline in a legislature.
Term
Steering Committee
Definition
a committee that provides guidance, direction and control to a project within an organization
Term
Policy Committee
Definition
Appropriate committee to the subject matter.
Term
Party polarization
Definition
a vote in which a majority of Democratic legislators oppose a majority of Republican legislators
Term
Congressional Black Caucus
Definition
an organization representing the black members of the United States Congress
Term
Blue Dog Democrats
Definition
a group of United States Congressional Representatives from the Democratic Party who identify themselves as moderates.
Term
Standing Committees
Definition
Permeate committees that consider and are responsible for legislation within a certain subject area.
Term
Select Committees
Definition
Congressional committees appointed for a limited time and purpose.
Term
Joint Committees
Definition
Committees on which both representatives and senator serve.
Term
Conference committee
Definition
made up of both representatives and senators that resolve differences between House and Senate versions of the same bill.
Term
seniority system
Definition
a person or group of people being in charge or in command of another person or group. This control is often granted to the senior persons due to experience or length of service in a given position,
Term
Congressional Research Service
Definition
CRS offers Congress research and analysis on all current and emerging issues of national policy. CRS offers timely and confidential assistance to all Members and committees that request it, limited only by CRS’s resources and the requirements for balance, nonpartisanship and accuracy.
Term
General Accounting Office
Definition
investigate, at the seat of government or elsewhere, all matters relating to the receipt, disbursement, and application of public funds, and shall make to the President ... and to Congress ... reports [and] recommendations looking to greater economy or efficiency in public expenditures
Term
Congressional Budget Office
Definition
to provide Congress with:
Objective, nonpartisan, and timely analysis to aid in economic and budgetary decisions on a wide array of programs covered by the federal budget;
And the information and estimates required by the Congressional budget process.
Term
Public Bill
Definition
a bill which proposes a law of general application throughout the jurisdiction in which it is proposed, and which if enacted will hence become a public law or public act
Term
Private Bill
Definition
a legislative bill affecting only a single person, group, or area, such as a bill granting a named person citizenship or, previously, granting named persons a legislative divorce.
Term
simple resolution
Definition
a legislative measure passed by only either the Senate or the House. As they have been passed by only one house, they are not presented to the President, and do not have the force of law
Term
concurrent resolutions
Definition
a resolution (a legislative measure) adopted by both houses of a bicameral legislature that lacks the force of law (is non-binding) and does not require the approval of the chief executive
Term
joint resolutions
Definition
a legislative measure that requires approval by the Senate and the House and is presented to the President for his/her approval or disapproval
Term
multiple referral
Definition
the process of sending legislation to be considered by more than one committee
Term
sequential referral
Definition
legislation is first sent to one committee, then to the next
Term
discharge petition
Definition
A device by which and member of the House, after a committee has had a bill for thirty day, may petition to have it brought to the floor. Designed to prevent committees from killing a bill.
Term
closed rule
Definition
an order from the House Rules Committee that sets a time limit on debate and forbids a particular bill from being amended on legislative floor
Term
open rule
Definition
an order from the House Rules Committee that permits a bill to be amended on the legislative floor
Term
restrictive rule
Definition
an order from the House Rules Committee that permits certain kinds of amendments but not others to be made into a bill on the legislative floor
Term
quorum
Definition
The minimum number of member who must be present for business to be conducted in Congress
Term
quorum call
Definition
a calling of roll in either house of Congress to see if business can be conducted.
Term
cloture rule
Definition
a rule used by the Senate to end or limit debate. 3/5 must pass it.
Term
double-tracking
Definition
where the disputed bill is put on hold so that other business may be conducted in the Senate
Term
voice vote
Definition
a congressional voting procedure in which members shout 'yea" or "nay". allows member to vote quickly or anonymously on bills.
Term
roll-call vote
Definition
a congressional voting procedure that consists of member answering 'yea" or "nay" to their names.
Term
rider
Definition
an amendment on a matter unrelated to a bill that is added to the will so that it will "ride " to passage through the Congress.
Term
Christmas tree bill
Definition
When a bill has many riders.
Term
Committee of the Whole
Definition
a parliamentary device in which the House of Representatives is considered one large congressional committee
Term
Pork-barrel
Definition
legislation that gives tangible benefits to constituents in several districts or states in hope of winning their votes in return
Term
earmarks
Definition
a legislative provision that directs funds to be spent on specific projects
Term
logrolling
Definition
mutual aid among politicians, where one legislator supports another's project in turn for support of his.
Term
non-germane amendment
Definition
an additional provision added to a bill. not important to the bill
Term
Unanimous Consent
Definition
a situation in which no one present objects to a proposal
Term
divided government
Definition
a government in which on party controls the White House and another party controls one or both houses of Congress
Term
unified government
Definition
a government in which the same party controls both the White House and both houses of Congress.
Term
Representative Democracy
Definition
a variety of democracy founded on the principle of elected people representing a group of people
Term
Direct Democracy
Definition
a form of government in which people vote on policy initiatives directly
Term
Electoral College
Definition
consists of the electors appointed by each state who formally elect the President
Term
Faithless electors
Definition
one who casts an electoral vote for someone other than the person pledged or does not vote for any person
Term
Pyramid Structure
Definition
a method of organization a president's staff in which most presidential assistants report through a hierarchy to the president's chief of staff.
Term
Circular structure
Definition
a method of organizing a president's staff in which several presidential assistants report directly to the president.
Term
Ad hoc structure
Definition
a method of organizing a presiden't staff in which several task forces, committees, and informal groups of friends and advisers deal directly with the president
Term
Cabinet
Definition
includes the heads of the fourteen major executive departments.
Term
Executive Office of the President
Definition
consists of the immediate staff of the President of the United States, as well as multiple levels of support staff reporting to the President
Term
Office of Management and Budget (OMB)
Definition
to assist the President in overseeing the preparation of the federal budget and to supervise its administration in Executive Branch agencies
Term
National Security Council (NSC)
Definition
responsible for coordinating policy on national security issues and advising chief executives on matters related to national security
Term
Council of Economic Advisers (CEA)
Definition
an agency within the Executive Office of the President that advises the President of the United States on economic policy
Term
Executive Agencies
Definition
Agencies that gain their money directly from the government.
Term
Independent Agencies
Definition
Agencies that must provide their own money.
Term
Presidential Honeymoon
Definition
the short period after a President is inaugurated when the opposition party refrains from attack, Congress is inclined to support some of the President's initiatives, and the President receives high public approval ratings.
Term
Veto Message
Definition
one of two ways for a president to disapprove a bill sent to him by Congress.
Term
pocket veto
Definition
if the president does not sign the bill within ten days of receiving it and congress has adjourned, the bill does not become law
Term
line-item veto
Definition
power of an executive to veto some provisions in a appropriations bill wile approving others. the president does not have this power.
Term
Clinton v. New York City
Definition
a legal case in which the Supreme Court of the United States ruled that the line-item veto as granted in the Line Item Veto Act of 1996 violated the Presentment Clause of the United States Constitution because it impermissibly gave the President of the United States the power to unilaterally amend or repeal parts of statutes that had been duly passed by the United States Congress
Term
executive privilege
Definition
the power claimed by the President of the United States and other members of the executive branch to resist certain subpoenas and other interventions by the legislative and judicial branches of government
Term
United States v Nixon
Definition
The Supreme Court does have the final voice in determining constitutional questions; no person, not even the president of the United States, is completely above the law; and the president cannot use executive privilege as an excuse to withhold evidence
Term
Congressional Budget and Impoundment Act (1974)
Definition
An Act to establish a new congressional budget process; to establish Committees on the Budget in each House; to establish a Congressional Budget Office; to establish a procedure providing congressional control over the impoundment of funds by the executive branch;
Term
Impoundment
Definition
to set aside in a fund rather than spend as prescribed
Term
War Powers Act (1973)
Definition
a federal law intended to check the power of the President in committing the United States to an armed conflict without the consent of Congress.
Term
Trustee approach
Definition
the view that an elected representative should act on his or her own best judgment of what public policy requires
Term
Delegate model
Definition
the view that an elected representative should represent the opinions of his or her constituents.
Term
Independent Counsel Act
Definition
It created mandatory, public disclosure of financial and employment history of public officials and their immediate family. It also created restrictions on lobbying efforts by public officials for a set period after leaving public office. Lastly, it created the U.S. Office of Independent Counsel, tasked with investigating government officials.
Term
Lame duck
Definition
a politician who is still in office after having lost a reelection bid
Term
Presidential Succession Act of 1947
Definition
establishes the line of succession to the powers and duties of the office of President of the United States in the event that neither a President nor Vice President is able to "discharge the powers and duties of the office."
Term
12th Amendment
Definition
provides the procedure for electing the President and Vice President.
Term
22nd Amendment
Definition
sets a term limit for the President of the United States
Term
25th Amendment
Definition
deals with succession to the Presidency and establishes procedures both for filling a vacancy in the office of the Vice President, as well as responding to Presidential disabilities.
Term
Impeachment
Definition
A formal accusation against a public official by the lower house of a legislative body.
Term
Bully Pulpit
Definition
can bring issues to the forefront that were not initially in debate, due to the office's stature and publicity.
Term
Inherent powers
Definition
powers that a sovereign state holds, protected by the 10th amendment.
Term
executive Orders
Definition
an order or directive issued by the head of the executive branch at some level of government
Term
Approval ratings
Definition
used to gauge public support for the President of the United States during his term.
Term
Imperial presidency
Definition
a term that became popular in the 1960s and that served as the title of a 1973 volume by historian Arthur M. Schlesinger, Jr. to describe the modern presidency of the United States
Term
Rule of propinquity
Definition
closer (physically) you are to the president, the more influence you have over the president and the decisions he/she make
Term
bureaucracy
Definition
a large, complex organization composed of appointed officials. the department and agencies of the US government make up this.
Term
patronage
Definition
the support, encouragement, privilege, or financial aid that an organization or individual bestows to another.
Term
spoils system
Definition
another phrase for political patronage- that is, the practice of giving the fruits of a party's victory, such as jobs and contracts to the loyal members of that party.
Term
Pendelton Act (1883)
Definition
Stopped the spoils system
Term
Laissez-faire economics
Definition
an economic theory that government should not regulate or interfere with commerce
Term
16th Amendment
Definition
allows the Congress to levy an income tax without apportioning it among the states or basing it on Census results
Term
discretionary authority
Definition
the extent to which appointed bureaucrats can choose courses of action and make policies that are not spelled out in advance by laws
Term
competitive service
Definition
the government offices to which people are appointed on the grounds of merit through examination or other selection criteria
Term
office of personal management
Definition
an independent agency of the United States government that manages the civil service of the federal government
Term
excepted service
Definition
agencies that do not hire based on merit
Term
merit system
Definition
the process of promoting and hiring government employees based on their ability to perform a job, rather than on their political connections.
Term
Civil Service reform Act of 1978
Definition
abolished the U.S. Civil Service Commission and distributes its functions primarily among three agencies: the newly established Office of Personnel Management, Merit Systems Protection Board, and Federal Labor Relations Authority.
Term
Hatch Act
Definition
a United States federal law whose main provision is to prohibit employees (civil servants) in the executive branch of the federal government, except the President and the Vice President, from engaging in partisan political activity.
Term
Whistle Blower Protection Act
Definition
law that protects federal whistleblowers who work for the government and report agency misconduct.
Term
Issues Network
Definition
an alliance of various interest groups and individuals who unite in order to promote a single issue in government policy.
Term
Authorization legislation
Definition
legislative permission to being or continue a government program or agency.
Term
appropriations
Definition
a legislative grant of money to finance a government program
Term
committee clearance
Definition
the ability of a congressional committee to review and approve certain agency decisions in advance and without passing a law
Term
Legislative veto
Definition
the rejection of a presidential or administrative action by a vote of one or both houses of Congress without the consent of the president.
Term
INS v Chadha
Definition
case ruling in 1983 that the one-house legislative veto violated the constitutional separation of powers.[1]
Term
Red tape
Definition
complex bureaucratic rules and procedures that must be followed to get something done
Term
National performance review
Definition
an interagency task force to reform the way the U.S. federal government works
Term
going native
Definition
someone who's changes their identity and allegiance from their original and typically cosmopolitan culture to a new local one, generally after a move or a change.
Term
Freedom of Information Act
Definition
allows for the full or partial disclosure of previously unreleased information and documents controlled by the United States government.
Term
National Environmental Policy Act
Definition
established a U.S. national policy promoting the enhancement of the environment and also established the President's Council on Environmental Quality (CEQ).
Term
judicial review
Definition
the power of the courts to declare acts of the legislature and of the executive to be unconstitutional and hence null and void.
Term
strict constructionist
Definition
the view that judges should decide cases on the basis of the language of the Constitution.
Term
Judicial activist
Definition
describes judicial rulings suspected of being based on personal or political considerations rather than on existing law.
Term
federalist no. 78
Definition
was written to explicate and justify the structure of the judiciary under the proposed Constitution of the United States
Term
Marbury v Madison
Definition
It formed the basis for the exercise of judicial review in the United States under Article III of the Constitution
Term
John Marshall
Definition
the Chief Justice of the United States (1801–1835) whose court opinions helped lay the basis for American constitutional law and made the Supreme Court of the United States a coequal branch of government along with the legislative and executive branches
Term
McCulloch v Maryland
Definition
Congress did have the power to create the Bank. Maryland couldnt tax
Term
Gibbons v Ogden
Definition
held that the power to regulate interstate commerce was granted to Congress by the Commerce Clause of the United States Constitution
Term
Dred Scott v Sandford
Definition
that people of African descent brought into the United States and held as slaves (or their descendants) whether or not they were slaves) were not protected by the Constitution and were not U.S. citizens. Since passage of the 14th Amendment to the U.S. Consitution, the decision has not been a precedent case, but retains historical significance.
Term
Roger B Taney
Definition
fifth Chief Justice of the United States, holding that office from 1836 until his death in 1864. He was the first Roman Catholic to hold that office or sit on the Supreme Court of the United States
Term
Court Packing Plan
Definition
a legislative initiative proposed by U.S. President Franklin Roosevelt to add more justices to the U.S. Supreme Court
Term
Constitutional Court
Definition
a high court that deals primarily with constitutional law
Term
District Court
Definition
lowest federal courts
Term
Court of Appeals
Definition
the federal courts with the authority to review decisions by federal district courts
Term
Legislative Courts
Definition
A court that is created by congress for a specialized purpose.
Term
Senatorial courtesy
Definition
n unwritten political custom in the United States whereby the president consults the senior U.S. Senator of his political party of a given state before nominating any person to a federal vacancy within that Senator's state
Term
Blue Slips
Definition
In the House, it refers to the rejection slip given to Senate tax and spending bills which have not originated in the House in the first place, per the House's interpretation of the Origination clause.
In the Senate, it refers to slips on which Senators from the state of residence of a federal judicial nominee give an opinion on the nominee.
Term
Litmus test
Definition
a test of ideological purity, a way of finding out whether a person is a dyed-in-wool liberal or conservative.
Term
Gang of 14
Definition
the bipartisan group of Senators in the 109th United States Congress who successfully negotiated a compromise in the spring of 2005 to avoid the deployment of the so-called nuclear option over an organized use of the filibuster by Senate Democrats.
Term
William Rehnquist
Definition
the 16th Chief Justice of the United States. Considered a conservative, he favored a conception of federalism that emphasized the Tenth Amendment's reservation of powers to the states
Term
Antonin Scalia
Definition
As the longest-serving justice on the Court, is the Senior Associate Justice. Appointed to the Court by President Ronald Reagan in 1986, has been described as the intellectual anchor of the Court's conservative wing.
Term
Clarence Thomas
Definition
an Associate Justice of the Supreme Court of the United States. Succeeding Thurgood Marshall, is the second African American to serve on the Court.
Term
David Souter
Definition
a former Associate Justice of the Supreme Court of the United States. He served from 1990 until his retirement on June 29, 2009. Appointed by President George H. W. Bush to fill the seat vacated by William J. Brennan, Jr., was the only Justice during his time on the Court with extensive prior court experience outside of a federal appeals court, having served as a prosecutor, a state's attorney general, and as a judge on state trial and appellate courts
Term
Ruth Bader Ginsburg
Definition
an Associate Justice of the Supreme Court of the United States. Ginsburg was appointed by President Bill Clinton and took the oath of office on August 10, 1993. She is the second female justice (after Sandra Day O'Connor) and the first Jewish female justice.
Term
Warren Court
Definition
to the Supreme Court of the United States between 1953 and 1969, when Earl Warren served as Chief Justice. Warren led a liberal majority that used judicial power in dramatic fashion, to the consternation of conservative opponents. The Warren Court expanded civil rights, civil liberties, judicial power, and the federal power in dramatic ways
Term
Burger Court
Definition
the 15th Chief Justice of the United States from 1969 to 1986. Although had conservative leanings, the U.S. Supreme Court delivered a variety of transformative and controversial decisions on abortion, capital punishment, religious establishment, and school desegregation during his tenure.
Term
Dual Court system
Definition
the division between the federal and state court system
Term
Federal-question cases
Definition
a term used in the United States law of civil procedure to refer to the situation in which a United States federal court has subject-matter jurisdiction to hear a civil case because the plaintiff has alleged a violation of the Constitution or law of the United States, or treaties to which the United States is a party
Term
Civil Law
Definition
the body of rules defining relationships among private citizens. Consists of statutes and customary law.
Term
Criminal law
Definition
the boyd of rules defing offenses that, though they harm an indiviual, are considered to be offenses against society as a whole.
Term
dual sovereignty
Definition
a concept in American constitutional that both the State governments and the federal governments are sovereign.
Term
writ of certiorari
Definition
an order by a higher court directing a lower court, tribunal, or public authority to send the record in a given case for review.
Term
in forma pauperis
Definition
a procedure whereby a poor person can file and be heard in court as a pauper, free of charge
Term
fee shifting
Definition
a law or rule that allows the plaintiff to collect its legal costs from the defendant if the defendant loses.
Term
plaintiff
Definition
the party that initiates a lawsuit to obtain a remedy for an injury to his or her rights
Term
defendant
Definition
any party required to answer a plaintiff"s complaint in a civil lawsuit
Term
standing
Definition
the ability of a party to demonstrate to the court sufficient connection to and harm from the law or action challenged to support that party's participation in the case.
Term
Sovereign immunity
Definition
a citizen cannot sue the government without its consent
Term
Class action suit
Definition
a case brought into court by a person on behalf of not himself but all other persons in the country under similar circumstances.
Term
Law clerks
Definition
a person who provides assistance to a judge or a licensed attorney in researching issues before the court and in writing opinions
Term
brief
Definition
a legal document prepared by an attorney representing a party before a court
Term
amicus curiae
Definition
"a friend of the court" interested groups or individuals, not directly involved in a suit, who may file legal briefs or make oral arguments in support of one side.
Term
Solicitor General
Definition
the person appointed to represent the federal government of the United States before the Supreme Court of the United States.
Term
per curiam opinion
Definition
a brief, unsigned opinion issued by the Supreme Court to explain its ruling
Term
Opinion of the Court
Definition
A supreme Court opinion written by one or more justices in the majority to explain the decision in a case.
Term
Concurring Opinion
Definition
court opinion by justices who agree with the majority's conclusion but for different reasons.
Term
Dissenting Opinion
Definition
Court opinion by a justice in the minority to explain minority's disagreement with the Court's ruling.
Term
Stare decisis
Definition
"let the decision stand" the practice of basing judicial decisions on precedent established in similar cases decided in the past.
Term
Political question
Definition
an issue that the Supreme Court refuses to consider because it believes the Constitution hes left it entirely to another branch to decide
Term
remedy
Definition
a judicial order preventing or redressing a wrong or enforcing a right
Term
Court Order
Definition
an official proclamation by a judge (or panel of judges) that defines the legal relationships between the parties to a hearing, a trial, an appeal or other court proceeding
Term
Appellate Jurisdiction
Definition
the power of the Supreme Court to review decisions and change outcomes of decisions of lower courts
Term
Concurrent jurisdiction
Definition
which more than one court may take jurisdiction over the case.
Term
Exclusive jurisdiction
Definition
where one court has the power to adjudicate a case to the exclusion of all other courts
Term
original jurisdiction
Definition
power to hear a case for the first time
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