Study Guide_Exam I

Study Guide_Exam I - Opinion of the court 2 ways original...

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Opinion of the court - 2 ways: original and appellate jurisdiction / 97% from state supreme courts, federal court of appeals / right of appeal and writ of certiorari ("to be searched") / right of appeal limited in 1925, and then again in 1988 / Supreme court has control over its docket Majority opinion - a judicial opinion agreed to by a majority of the members of a court. A majority opinion sets forth the decision of the court and an explanation of the rationale behind the court's decision Concurring opinion - a written opinion by some of the judges of a court which agrees with the majority of the court but might arrive there in a different manner. Dissenting opinion - an opinion of one or more judges expressing disagreement with the majority opinion. By definition, a dissent is the minority of the court. Original jurisdiction - the right to hear a case for the first time as opposed to appellate jurisdiction when a court has the right to review the decision of a previous, lower-level court. Appellate jurisdiction - the power of a court to review decisions and change outcomes of decisions of lower courts. Writ of certiorari - a writ (order) of a higher court to a lower court to send all the documents in a case to it so the higher court can review the lower court's decision. Judicial independence - the doctrine that decisions of the judiciary should be impartial and not subject to influence from the other branches of government or from private or political interests. Declaration of Independence - a statement adopted by the Continental Congress on July 4, 1776, announcing that the thirteen American colonies then at war with Great Britain were no longer a part of the British Empire. John Locke - Social contract theory of the origin of government Limited government Right of revolution Right to revolution - Limited government - a government structure where any more than minimal governmental intervention in personal liberties and the economy is not usually allowed by law, usually in a written constitution. Articles of Confederation - the governing constitution of the alliance of thirteen independent and sovereign states styled "United States of America." Shays' Rebellion - an armed uprising in Central and Western Massachusetts from 1786 to 1787. The rebels, led by Daniel Shays and known as Shaysites (Regulators), were mostly poor farmers angered by crushing debt and taxes. Annapolis Convention - a meeting at Annapolis, Maryland of 12 delegates from five states (New Jersey, New York, Pennsylvania, Delaware, and Virginia) that called for a constitutional convention. The Constitution - ratified 1789 / was influenced by the British constitutional system and the political system of the United Provinces, plus the writings of Polybius, Locke, Montesquieu, and others. The document became a benchmark for republican and codified constitutions written thereafter. Virginia Plan
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Study Guide_Exam I - Opinion of the court 2 ways original...

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