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82 Cards in this Set
- Front
- Back
- 3rd side (hint)
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Abridge |
To shorten, in law, to interfere with |
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Actions |
The behavior of a person or organization |
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Amendment |
An addition to the original US Constitution |
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Amicus curae |
Friend of the court (briefs). Must show how your outcome of the case will affect you or the group. |
Friend |
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Appeal |
To try to have a court decision reviewed by a higher court. One side argues that a mistake has been made and seeks to have a higher court change the decision. |
Review |
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Apellant |
One who takes appeal to a higher level |
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Appellee |
Party against whom appeal is sought |
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Arguments |
Statements that organize the strengths of a particular side in a case or values conflict |
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Attorney |
Lawyer, someone who is trained in the law to represent a person, an organization or the government |
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Bail |
Money that an arrested person pays to be let out of jail until his trial. If he appears at his trial, he is repaid the money. |
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Brief |
Written arguments prepared by an attorney that are presented to a court |
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Bill of Rights |
The first ten amendments to the U.S. constitution. These contain certain freedoms regarding the national government |
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Certiorari |
Written order from an appellate court(higher court) for the lower court to send the appeal court the records of a case |
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Civil law |
The branch of law concerned with conflicts between individual colors of the law under the appearance of legal authority. |
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Commerce power |
Congress has the power to regulate commerce among states which has come to mean interstate commerce. |
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Complaint |
The pleading by a party instituting a lawsuit, includes a request for relief. |
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Concurring opinion |
Agrees with the majority opinion, but gives different or added reasons for arriving at that opinion |
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Constitutional rights |
Those personal freedoms which are contained in the US constitution, including amendments. |
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Criminal law |
The branch of law concerned with actions taken by the government against a person accused of committing a crime |
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Curia |
A court |
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Decision |
In supreme court cases, the decision is the majority opinion of the nine justices, obtained by voting on the case |
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Defendant |
The person defending or denying. In a criminal case, the person accused of a crime, in a civil case, the person the action is brought against |
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De jure |
As a matter of the law |
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De minimus |
Too minor to require"due process" or unworthy of judicial attention |
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De novo |
New trial |
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Dicta |
Remarks in court opinion not essential to decision; not binding |
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Dictum |
The expression by a judge of an opinion on a point of law, not necessary to the decision on the case and not binding on other judges |
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Due process |
In a criminal processing (or a school discipline situation), all of the proper steps which are guaranteed a person under law |
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En banc |
Literally, "in the bench"; all or a larger panel of judges participate in a decision (frequently 11 in the federal circuit cases) |
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Et al |
And others |
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Equal protection |
The right of a person to be treated equally to anyone else in a similar legal situation |
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Facts |
The relevant actions, values, and laws of both sides of a court case or values |
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Federal court |
Refers to the organization of trial and appeal courts of our national government. Conducts trials for violations of federal laws and reviews appeals of federal and state court decisions |
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Fighting words |
Words which have a direct tendency to cause acts of violence by the person to whom, individually, the remarks are addressed. May be punished by government, subject to strict scrutiny. |
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Ibid |
In the same place |
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In loco parentis |
In the place of the parent |
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In re |
In the matter of, concerning, regarding |
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Inadmissible |
Not allowed, as evidence |
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Infra |
Below, usually referring to a later text or citation |
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Injunction |
A legal process issued by a court requiring a person to refrain from doing, or continuing to do, a certain act |
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Issue question |
Every court case or values conflict has an issue question. It asks whether the actions, values, and legal bases of one side violate the actions, values and legal bases of the other side. |
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Judge |
The official who presides over a trial |
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Judicial review |
Review of proceedings that have taken place in a court |
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Jurisdiction |
Geographical area in which a court or an official had a right to operate |
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Laws |
Formal rules which are legally established by a society (in U.S., laws are passed by legislatures) |
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Legal basis |
In a court case, each side's actions are supported by specific laws or constitutional rights |
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Libel |
Falsely written statements tending to ruin a reputation |
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Majority opinion |
Decision agreed upon by more than half of the members of the court who reviewed the case |
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Malfeasance |
Performing an unlawful act |
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Misfeasance |
Lawful act, but improperly performed |
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Mitigate |
To lessen, decrease |
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Motion |
Request for a court hearing |
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Nonfeasance |
Omission of an act one ought to do |
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Overrule |
When a higher court disagrees with a lower court's decision and changes that decision, also to reverse |
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Per curium |
all justices agree (unanimous decision) |
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Plaintiff |
Side which begins a civil case; one who files action in court |
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Precedent |
Previous court decision that will influence future similar cases |
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Prima facie |
Sufficient evidence to support a case, evidence needed to require one to defend their position in court |
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Pro bono |
To represent without charging fees |
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Processing attorney |
Attorney who represents the government's side in a criminal case (usually called a district attorney.) |
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Reasoning |
In a court opinion (either majority or minority) one of the justices writes up the major legal factors which support the decision |
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Remand |
To send back ( usually to a lower court) |
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Reserve powers |
Areas of authority which are left for the states to control. These powers were granted buy the 10th amendment. |
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Respondent |
Party answering a complaint or petition |
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Reverse |
Same as overrule |
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Secular |
Not specifically religious, ecclesiastical or clerical; relating to the worldly or temporal |
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Sectarian |
Referring to a sect, religious denomination, or religious group |
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Sedition |
Inciting resistance to established authority |
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Slander |
Falsely spoken statement tending to ruin a reputation |
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Speech |
Communication (freedom of which is contained in the first amendment). Courts have ruled it does not only mean talking, but also "symbolic" speech, buttons, signs, protests, demonstrations etc. |
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State decisis |
Precedent;relying on previous court decisions |
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Statute |
Law enacted by the legislative branch of government |
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Subsumed/sue |
To bring a civil lawsuit |
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Supra |
See citation above, or in an earlier reference |
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Tenure |
Right to employment for continuing period of time |
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Trial |
Legal proceeding which makes a judgement regarding the facts and issues of a case |
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Unconstitutional |
Law (or any government action) which is contrary to what is allowed by the U.S. constitution, therefore, the law or action may no longer apply |
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U.S. Supreme Court |
Nation's highest court, consisting of nine justices, which mainly record cases on appeal |
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Values |
Things (beliefs, objects, ideas, etc.) Which a person considers important and affects his or her actions; values also affect a society's laws |
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Values Conflict |
When the actions or values of one person (or organization, government) are directly opposed to the actions and values of another; legal values conflicts means that each side's actions and values are supported by laws or constitutional rights |
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Voir dire |
Examination of prospective jurors or witnesses under oath to answer honestly questions about their qualifications, competence, interests in case, or knowledge about the case |
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Writ of habeas corpus |
Document obtained by a lawyer demanding a defendant be first charged, or released from arrest |
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