Chapter 1 (Legal) Terms

Question 1

the individual appealling

Answer 1

appellant

Question 2

intermediate or supreme court of appeals

Answer 2

appellate courts

Question 3

the party against whom an appeal is filed

Answer 3

appellee

Question 4

trial before a judge without a jury

Answer 4

bench trial

Question 5

a decision that establishes a precedent

Answer 5

binding authority

Question 6

written legal argument submitted to an appellate court; also, to write a summary of a case

Answer 6

brief

Question 7

a challenge to a conviction filed following the exhaustion of direct appeals

Answer 7

collateral attack

Question 8

an opinion by a judge supporting a majority or dissenting opinion, typically based on other grounds

Answer 8

concurring opinion

Question 9

individual charged with a crime and who is standing trial

Answer 9

defendant

Question 10

an opinion by a judge disagreeing with the majority of a multiple judge court

Answer 10

dissenting opinion

Question 11

showing why a case differs from existing precedents

Answer 11

distinguishing precedents

Question 12

an order issued by a court requiring the government to demonstrate that an individual is being legally detained

Answer 12

harbeas corpus

Question 13

short statements of the important points included in a legal decision

Answer 13

head notes

Question 14

the conclusion reached by a judge in a case

Answer 14

holding

Question 15

books containing the published opinions of judges

Answer 15

legal reporters

Question 16

the decision of a majority of the judges on a multiple judge panel

Answer 16

majority opinion

Question 17

a judicial tribunal with three or more judges

Answer 17

multiple judge panel

Question 18

observations from the bench

Answer 18

obiter dicta

Question 19

arguments before an appellate court

Answer 19

oral argument

Question 20

an opinion not attributed to a particular judge, literally “for the court”

Answer 20

per curiam

Question 21

a decision that a court may consult to assist in a judgement that does not constitute binding authority

Answer 21

persuasive authority

Question 22

an individual filing a collateral attack on a verdict following the exhaustion of direct appeals

Answer 22

petitioner

Question 23

a judicial opinion that represents the views of the largest number of judges on a court, although short of a majority. It is typically combined with a concurring opinion to constitute the court majority.

Answer 23

plurality opinion

Question 24

a judicial opinion that controls the decision of a court presented with the same issue. A court may conclude that a precedent does not fully fit the case it is adjudicating and distinguishing the case before it from the existing precedent

Answer 24

precedent

Question 25

an explanation of a judge’s thinking in reaching a decision

Answer 25

reasoning

Question 26

evidence that assists in establishing a material fact of the crime

Answer 26

relevant

Question 27

an individual against whom a collateral attack is directed

Answer 27

respondent

Question 28

use of question and answer technique in teaching

Answer 28

Socratic method

Question 29

precedent

Answer 29

stare decisis

Question 30

a completely new trial conducted before an appellate court

Answer 30

trial de novo

Question 31

the written record of trial proceedings

Answer 31

trial transcript

Question 32

a writ or order issued by the U.S. Supreme Court assuming jurisdiction over an appeal. Four judges must vote to review a case.

Answer 32

writ of certiorari