Chapter 1 (Legal) Terms Flashcards
the individual appealling
appellant
intermediate or supreme court of appeals
appellate courts
the party against whom an appeal is filed
appellee
trial before a judge without a jury
bench trial
a decision that establishes a precedent
binding authority
written legal argument submitted to an appellate court; also, to write a summary of a case
brief
a challenge to a conviction filed following the exhaustion of direct appeals
collateral attack
an opinion by a judge supporting a majority or dissenting opinion, typically based on other grounds
concurring opinion
individual charged with a crime and who is standing trial
defendant
an opinion by a judge disagreeing with the majority of a multiple judge court
dissenting opinion
showing why a case differs from existing precedents
distinguishing precedents
an order issued by a court requiring the government to demonstrate that an individual is being legally detained
harbeas corpus
short statements of the important points included in a legal decision
head notes
the conclusion reached by a judge in a case
holding
books containing the published opinions of judges
legal reporters
the decision of a majority of the judges on a multiple judge panel
majority opinion
a judicial tribunal with three or more judges
multiple judge panel
observations from the bench
obiter dicta
arguments before an appellate court
oral argument
an opinion not attributed to a particular judge, literally “for the court”
per curiam
a decision that a court may consult to assist in a judgement that does not constitute binding authority
persuasive authority
an individual filing a collateral attack on a verdict following the exhaustion of direct appeals
petitioner
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.
plurality opinion
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
precedent
an explanation of a judge’s thinking in reaching a decision
reasoning
evidence that assists in establishing a material fact of the crime
relevant
an individual against whom a collateral attack is directed
respondent
use of question and answer technique in teaching
Socratic method
precedent
stare decisis
a completely new trial conducted before an appellate court
trial de novo
the written record of trial proceedings
trial transcript
a writ or order issued by the U.S. Supreme Court assuming jurisdiction over an appeal. Four judges must vote to review a case.
writ of certiorari
