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40 Cards in this Set
- Front
- Back
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Party filing the appeal.
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Appellant
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Party against whom an appeal is filed.
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Appellee
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A trial in which a judge sits without a jury.
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Bench Trial
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A decision that establishes a precedent.
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Binding Authority
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A written legal argument submitted to an appellate court; also, to write a summary of a case.
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Brief
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A decision to hear an appeal.
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Certiorari
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A constitutional challenge by an individual who has been convicted and incarcerated and has exhausted his or her state appeals.
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Collateral Attack
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Judge-made law brought from England to the United States.
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Common Law
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Joint authority of federal and state courts over certain areas of criminal justice.
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Concurrent Jurisdiction
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An opinion by a judge supporting a majority or dissenting opinion, typically based on other grounds.
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Concurring Opinion
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A broad approach to interpreting constitutional texts that focuses on interpreting the document in light of current developments.
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Contextualism
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Courts that hear more serious criminal and civil cases.
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Courts of General Jurisdiction
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Courts with jurisdiction over a narrow range of cases.
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Courts of Limited Jurisdiction
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Courts with jurisdiction over a broad range of cases.
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Courts of Original Jurisdiction
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The exercise of judgment by a decision maker in the criminal justice system.
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Discretion
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An appeal that an appellate court may review or decline to review at its discretion.
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Discretionary Appeal
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An opinion by a judge disagreeing with the majority of judges.
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Dissenting Opinion
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The entire court.
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En Banc
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Detailed rules for criminal procedure drafted by federal judges and approved by congress.
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Federal Rules of Criminal Procedure
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An issue that has never before been decided by the court.
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First Impression
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Hearing to determine whether police possessed probable cause for an arrest.
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Gerstein Hearing
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An accusation of criminal activity returned by the grand jury.
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Indictment
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A document signed by a prosecutor charging an individual with a crime.
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Information
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Courts between municipal courts and the supreme court.
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Intermediate Appeal Courts
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The philosophy that courts should play a role in creating social policy.
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Judicial Activism
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The philosophy that elected officials rather than courts should make social policy.
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Judicial Restraint
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A lawyer who serves an eight-year term in a U.S. district court to issue warrants, conduct preliminary hearings, and rule on pre-trial motions.
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Magistrate
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The decision of a majority of the judges on a court.
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Majority Opinion
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A crime carrying a criminal penalty of less than a year in prison.
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Misdemeanor
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The first court to hear a case.
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Original Jurisdiction
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A judge who follows the intent of the framers of the U.S. Constitution.
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Originalist
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An opinion of an entire court without any single judge being identified as the author.
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Per Curiam
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A decision that does not constitute a binding authority but that a court may consult to assist in making a judgment.
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Persuasive Authority
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An individual filing a collateral attack on a verdict following the exhaustion of direct appeals.
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Petitioner
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A judicial opinion that represents the view of the largest number of judges on a court, although short of a majority.
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Plurality Opinion
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A judicial opinion that controls the decisions of a court presented with the same issue.
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Precedent
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An individual against whom a collateral attack is directed.
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Respondent
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Four Supreme Court judges are required to vote to hear a case.
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Rule of Four
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The practice of following the precedent set by previous court decisions.
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Stare Decisis
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A new trial before a different court.
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Trial De Novo
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