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eview a decision by a state’s highest court when there is a question as to the validity of a federal<br />

treaty or statute, or of a state statute on constitutional grounds. Certiorari is also used within state<br />

court systems (Merriam Webster’s Dictionary of Law, 1996, p. 72).<br />

Collateral estoppel: estoppel by judgment barring the relitigation of issues litigated by<br />

the same parties on a different cause of action (Merriam Webster’s Dictionary of Law, 1996, p.<br />

170).<br />

De novo: Allowing independent appellant determination of issues (Merriam Webster’s<br />

Dictionary of Law, 1996. p. 132).<br />

Defendant: the party against whom a criminal or civil action is brought (Merriam<br />

Webster’s Dictionary of Law, 1996, p. 128).<br />

Dismiss: (1) to remove from position or service; (2) to bring about or order the dismissal<br />

of an action (Merriam Webster’s Dictionary of Law, 1996, p. 143).<br />

Dismissal: (1) removal from a position or service; (2a) the termination of an action or<br />

claim usually before the presentation of evidence by the defendant; (2b) the cancellation of an<br />

indictment, information, complaint, or charge; (2c) a document setting forth the request for a<br />

dismissal (Merriam Webster’s Dictionary of Law, 1996, p. 143).<br />

Due process: (1) a course of formal proceedings carried our regularly, fairly, and in<br />

accordance with established rules and principles--called also “procedural due process;” (2) a<br />

requirement that laws and regulation must be related to a legitimate government interest and may<br />

not contain provisions that result in the unfair or arbitrary treatment of an individual--also called<br />

“substantive due process;” (3) the right to due process (Merriam Webster’s Dictionary of Law,<br />

1996 p. 152).<br />

7

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