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Lesson 9 - 10
Terms in this set (54)
A statement made by a judge that gives the reasons for the decision made in a case.
The consideration and thought that a judge gives a case before a decision is made. The case is said to be under advisement.
Latin. An authoritative opinion by a judge on points other than the actual issue in the case.
Latin. By the court. Indicates an opinion by the entire court, such as the court of appeals or the supreme court.
Latin. A thing decided. Something that has been decided in a court of law.
The decision of the court.
judgement by default
A judgement given against a party in a suit who fails to make an appearance in court. If you do not appear in court, the case will not be decided in your favor. Sometimes referred to as a default judgment.
The decision of a jury on a case submitted to it for determination.
polling the jury
After the foreman or forewoman presents the verdict of the jury to the court, each juror may be asked to state what his or her individual verdict is in the case and if he or she agrees with the verdict as presented to the court.
A jury that cannot reach a verdict.
To prove or declare a person innocent of the charges made against him or her.
The verdict that declares one innocent of a crime.
Convicted of committing a crime. Not innocent.
A judgment that terminates a lawsuit because the plaintiff is unable or refuses to prove the case.
To decide, settle or sentence by law.
The judgment of the court rendered in a case brought before it.
An official decision or order made by a court or a judge.
A temporary decree. Not final.
A final decision of the court that resolves all issues in a case.
Latin. A decree that will take effect unless it is successfully contested.
A rule of law. A command issued in writing by a court. Not a judgment.
An order issued by the court to prevent someone from doing something until the court decides whether or not to issue an injunction.
To refuse to consider a case in court. Also, during the court proceedings, either counsel may make a motion to dismiss a case.
dismissal without prejudice
The case is dismissed, but the plaintiff is not prevented from suing again on the same cause of action.
dismissal with prejudice
The case is dismissed, and the plaintiff cannot sue again on the same cause of action.
Latin. Let decision stand. Pertains to the policy of a court to follow precedent when deciding cases.
Latin. Without day. The final adjournment or dismissal of a case against a defendant.
nunc pro tunc
Latin. Now for then. A decision or an order of the court that is retro active.
Latin. The way things are or their existing state at a given time.
To grant or to give. To decide or settle by law.
An amount of money awarded by a court to no one who was injured by another.
Damages awarded that are equal to and no more than the amount of the actual loss. The plaintiff would be awarded damages to compensate for the plaintiff's actual loss and nothing more.
To correct a wrong. To provide satisfaction or relief for one who has been injured by another.
A writ issued by a court commanding a person to do or not to do some act. If someone is using your property without permission, you could get an injunction to prevent that person from using your property.
To require a person by a writ of injunction to do or not to do a specified act. If you get an injunction against a person to prevent him or her from using your property, then that person is enjoined from using your property.
A delay or stopping of a legal proceeding by the court.
Latin. A writ issued by a judge to stay a legal proceeding. It supersedes a prior writ or order.
To hold back or stop something. If the evidence or the outcome of a case is suppressed, it is not made known to the public.
conclusion of fact
An assumption or a conclusion based on the facts as presented in a case.
conclusion of law
An assumption or a conclusion arrived at by applying the law to the facts as presented in a case.
To request an appellate court to review a case that was tried in a lower court.
One who appeals a decision or verdict.
The party who must contend against an appeal. Also known as an appellee.
A statement filed with an appellate court that gives the facts and points of law on which the appeal is based.
An examination by an appellate court of a case that was tried in a lower court.
To repeal or change to the opposite. The appellate court may reverse the decision of a lower court.
To abolish or do away with something, such as an order issued by a lower court.
Latin. The sending back of a case by the appellate court to a lower court. Also, the plaintiff returning damages awarded in a case that were in excess of what the plaintiff requested.
Latin. A writ issued by a higher court to a lower court commanding or mandating that a certain thing be done.
A retrial of a case in the court that heard it the first timein an effort to correct an error or omission.
trial de novo
A new trial of a case conducted by an appellate court as though there had been no other trial.
Latin. An order or a writ of review or inquiry used in an appellate proceeding.
error coram vobis
Latin. A writ issued by an appellate court to a lower court stating that an error was made in the proceedings before you. An error coram vobis is a basis for an appellate court to reverse a decision made by a lower court.
error coram nobis
Latin. A writ issued by an appellate court stating that an error was committed in the proceeding before us. This writ directs the lower court to consider issues of fact that had not been considered before.
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