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Legal Foundations Study Guide
Terms in this set (60)
The party that initiates a law suit.
The party against whom a suit is brought
The party appealing the case; presumably, the party who lost at the lower court and seeking to win a higher one (the ant hunts for crumbs)
the party in a case that was appealed; presumable the winning party at the lower court
party who presents a petition to an authority (comparable to the appellant) (Supreme Court Level)
Party in a case that has been petitioned (like an appellee) (Supreme Court Level)
burden of proof
the obligation of a party to prove an assertion
cause of action
a legal theory upon which a suit is brought and the remedy (ex. breach of Kx, false imprisonment)
writ of certiorari
What a petitioner will use pleasing an appellant court to hear its case.
The higher court orders a lower court to deliver its record in a case so that the higher court may review it
A statement by a court, judicial officer, or legal expert as to the legality or illegality of an action, condition, or intent. It can be a written document in which an attorney provides his or her understanding of the law as applied to assumed facts
a written law passed by a legislative body
the official power to make legal decisions and judgements - authority given to legal body for hearing a case
statements about the law that come directly from a legislature, a court, or another body with official capacity to issue or clarify rules for its jurisdiction.
P Authority is always mandatory in disputes in which it governs
statements about the law that come from unofficial commentators without authority to set rules in the relevant jurisdiction.
Common examples include law-review articles and treatises.
Although secondary authority may be persuasive, it is never mandatory
any matter of dispute in a legal controversy or lawsuit
to absolve of a charge by the judicial process; free someone from a charge of criminal charge by a verdict of not guilty
The initial pleading that starts a lawsuit and sets forth the allegations made by the plaintiff against the defendant and the plaintiff's demand for relief
an accusation or criminal charge brought by the public prosecutor without a grand jury indictment. this information must state the alleged crimes in writing and must be delivered to the defendant at the first court appearance (arraignment)
the action or the legal process of indicting; a formal written statement framed by a prosecuting authority and found by a grand jury that charges a person or persons with an offense
the first responsive pleading filed by the defendant in a civil action; a formal written statement that admits or denies the allegations in the complaint and sets forth any available
an award, typically of money, to be paid to a person as compensation for loss or injury
A court-granted remedy that requires a party to act or refrain from performing a particular act (specific performance, etc.) - contract related
Security, such as cash, a bond, or property, pledged or given to a court by or on behalf of one accused of committing a crime, to obtain release from incarceration and to ensure the person's future appearance in court when required during the criminal proceeding.
a latin phrase for professional work undertaken voluntarily and without payment
For one's own behalf; in person. Appearing for oneself, as in the case of one who does not retain a lawyer and appears for himself or herself in court.
judge's ability in law to divide a trial into two parts so as to render a judgment on a set of legal issues without looking at all aspects. Frequently, civil cases are bifurcated into separate liability and damages proceedings.
Procedural device for decision. It is a request to the judge (or judges) to make a decision about the case. Motions may be made at any point in administrative, criminal or civil proceedings, although that right is regulated by court rules which vary from place to place.
written legal document used in various legal adversarial systems that is presented to a court arguing why one party to a particular case should prevail.
For civil cases - place where a case is heard or a suit is filed
statute of limitations
a law which sets out the maximum time that parties have to initiate legal proceedings from the date of an alleged offense
a pre-trial procedure in a lawsuit in which each party can, through the law of civil procedure, can obtain evidence from the other party parties
"to speak the truth" process through which potential jurors are questioned by either the judge or a lawyer to determine their suitability for jury service
a law, statute, or decree enacted by a municipal body
case law; body of law based on precedent
binding; refers to cases, statutes, or regulations that the court must follow because it is binding to the court.
not binding; sources of law that the court can consult when deciding a case (ie. treatises, law reviews, etc.)
a principal or rule established in a previous legal case
the doctrine of precedent/ policy of following rules or principals laid down in previous judicial decisions. (Obligates courts to look to precedent when making their decisions)
judicial opinion agreed to by more than half of the members of the court
a written opinion by one or more judges of a court which agrees with the decision made by the majority of the court, but states different (or additional) reasons as the basis for his or her decision.
written by one or more judges expressing disagreement with the majority opinion of the court which gives rise to its judgement.
any ruling or decision of a court
statement of opinion or belief considered authoritative because of dignity of person making it
what the appeals court does if it agrees w and confirms a lower court's decisions
to send back.
An appeals court may remand a case to the trial court for further action if it reverses the judgement of the lower court, or after a preliminary hearing a judge may remand into custody a person accused of a crime if the judge finds that there is reason to hold the accused for trial
for a judge to set aside or annul an order or judgement which he/she finds was improper
French for "in the bench," is a session in which a case is heard before all the judges of a court (before the entire bench) rather than by a panel of judges selected from them.
a friend of the court; parties not involved in a case can submit amicus briefs to the court in support of a legal issue at hand
refer to something that is started over from the beginning, or from the new. For instance, an appellate court might review all of the facts of a trial, and order the court to hear the case again
court proceedings for the benefit of one party to a controversy, without the other being present. The exception to the rule that both parties be present when an argument or preceding happens.
Latin for "of one's own will," meaning on one's own volition, usually referring to a judge's order made without a request by any party to the case. These include an order transferring a case to another judge due to a conflict of interest or the judge's determination that his/her court does not have jurisdiction over the case.
document created by a court that shows detailed information about a judgment rendered in court
editing text for publication; blacking out sensitive information for legal reasons
Restatement of Laws
secondary sources that seek to "restate" the legal rules that constitute the common law in a particular area
the opinion from a group of judges, often in an appellate court, in which no single opinion received the support of a majority of the court.
ruling issued by an appellate court of multiple judges in which the decision rendered is made by the court (or at least, a majority of the court) acting collectively and unanimously. The author of the opinion is not signed. - anonymous
Question of fact vs. question of law
In law, a question of fact, also known as a point of fact, is a question that must be answered by reference to facts and evidence as well as inferences arising from those facts. Such a question is distinct from a question of law, which must be answered by applying relevant legal principles.
liability vs. guilt
A person can be found liable in civil cases and a guilty v. innocent verdict is found in criminal cases
reverse vs. overturn
is that reverse is to revoke a law, or to change a decision into its opposite while overturn is to reverse a decision; to overrule or rescind.
a writ (order) issued by a court ordering someone to do something or prohibiting some act after a court hearing. - criminal version
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