Supreme court test

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dissenting opinion

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16 Terms

1

dissenting opinion

an opinion written by a justice who does not agree with the Court's decision, explaining the reasons why not

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2

brief

written statement that spells out the party's legal position and cites relevant facts and legal precedents

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3

original jurisdiction

the power of the court to hear a case first, before any other court

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4

jurisdiction

the authority of a court to hear a case

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5

judicial restraint

a judicial philosophy in which supporters believe that judges should decide cases based on the original intent of the Framers or those who enacted the statute(s) involved in a case, or on precedent

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6

minority opinion

an opinion by one or more judges in a legal case who disagree with the decision reached by the majority

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7

concurring opinion

an opinion which is basically in agreement with the decision that the Court has made, but which bases that opinion on different reasons

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8

judicial activism

a judicial philosophy in which supporters believe that judges should interpret and apply provisions in the Constitution and in statute law in the light of ongoing changes in conditions and values

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9

judicial review

the power of a court to determine the constitutionality of a governmental action

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10

plaintiff

in civil law, the party who brings a suit or some other legal action against another (the defendant) in court

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11

writ of certiorari

an order by the Court directing a lower court to send up the record in a given case for review

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12

appellate jurisdiction

the authority of a court to review decisions of inferior (lower) courts

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13

William Marbury

In 1803, Marbury (1762

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14

James Madison

Madison (1751,1836) wrote several of the Federalist Papers and was a major figure in the movement to replace the Articles of Confederation. It is his Notes on the Debates in the Federal Convention that have given us a clear understanding of what occurred during those debates. During the convention, Madison was the main architect of the Virginia Plan and had a strong influence on the entire meeting. In fact, he has been referred to as the "Father of the Constitution." At that time, he favored a strong National Government but later saw the benefits of stronger State governments

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15

defendant

in a civil suit, the person against whom a court action is brought by the plaintiff; in a criminal case, the person charged with the crime

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16

majority opinion of the Supreme Court

the opinion on which the decision of the Court is based, which identifies the issues in the case and the reasons for the decision

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