Sport Law Exam I

Front 1

In the practice of the appelate courts, the decree or order is declared valid and will stand as rendered in the lower court

Back 1

Affirmed

Front 2

The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense

Back 2

Answer

Front 3

A request made after a trial, asking another court to decide whether the trial was conducted properly.

Back 3

Appeal

Front 4

Has the power to review the judgment of another lower court or tribunal

Back 4

Appellate

Front 5

Trial without a jury in which a judge decides the facts

Back 5

Bench Trial

Front 6

A written statement submitted by the lawyer for each side in a case that explains to the judges why they should decide the case or a particular part of a case in favor of that lawyer's client

Back 6

Brief

Front 7

The law as laid down in cases that have been decided in the decisions of the court

Back 7

Case Law

Front 8

The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action

Back 8

Common Law

Front 9

A written statement by the plaintiff stating the wrongs allegedly committed by the defendant

Back 9

Complaint

Front 10

An agreement between two or more persons that creates an obligation to do or not to do a particular thing

Back 10

Contract

Front 11

Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries

Back 11

Damages

Front 12

In a civil suit, the person complained against; in a criminal case, the person accused of the crime

Back 12

Defendant

Front 13

An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial

Back 13

Deposition

Front 14

Lawyer's examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial

Back 14

Discovery

Front 15

"in the bench" or "full bench". Refers to court sessions with the entire membership of a court participating rather than the usual quorum.

Back 15

En Banc

Front 16

Jurisdiction given to federal courts in cases involving the interpretation and application of the U.S. Constitution, acts of Congress, and treaties

Back 16

Federal Question

Front 17

An order of the court prohibiting the performance of a specific act to prevent irreparable damage or injury

Back 17

Injunction

Front 18

Judge's explanation to the jury before it begins deliberations of the questions it must answer and the law governing the case

Back 18

Instructions

Front 19

The disputed point in a disagreement between parties in a lawsuit

Back 19

Issue

Front 20

The official decision of a court finally determining the respective rights and claims of the parties to a suit

Back 20

Judgement

Front 21

The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case.

Back 21

Jurisdiction

Front 22

A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff

Back 22

Lawsuit

Front 23

A case, controversy, or lawsuit

Back 23

Litegation

Front 24

A judge's written explanation of a decision of the court or of a majority of judges.

Back 24

Opinion

Front 25

An opportunity for lawyers to summarize their position before the court and also to answer the judges questions

Back 25

Oral Argument

Front 26

In appellate cases, a group of judges assigned to decide the case

Back 26

Panel

Front 27

Plaintiffs and defendants to lawsuits

Back 27

Parties

Front 28

The person who files the complaint in a civil lawsuit

Back 28

Plaintiff

Front 29

Written statements of the parties in a civil case of their positions.

Back 29

Pleadings

Front 30

A court decision in an earlier case with facts and law similar to a dispute currently before a court.

Back 30

Precendent

Front 31

When an appellate court sends a case back to a lower court for further proceedings

Back 31

Remand

Front 32

When an appellate court sets aside the decision of a lower court because of an error.

Back 32

Reverse

Front 33

Parties to a lawsuit resolve their difference without having a trial.

Back 33

Settlement

Front 34

A law passed by a legislature

Back 34

Statute

Front 35

A command to a witness to appear and give testimony

Back 35

Subpoena

Front 36

A command to a witness to produce documents

Back 36

Subpoena duces Tecum

Front 37

A decision made on the basis of statements and evidence presented for the record without a trial. It is used when there is no dispute as to the facts of the case, and one part is entitled to judgment as a matter of law

Back 37

Summary Judgment

Front 38

Prohibits a person from an action that is likely to cause irreparable harm. It is intended to last only until a hearing can be held

Back 38

Temporary Restraining Order

Front 39

A civil wrong or break of a duty to another person, as outlined by law.

Back 39

Tort

Front 40

The geographical location in which a case is tried

Back 40

Venue