Exam 1

Question 1

in the practice of the court of appeals, it means that the court of appeals has concluded that the lower court decision is correct and will stand as rendered by the lower court

Answer 1

Affirmed

Question 2

a request made after a trial by a party that has lost on one or more issues that a higher court review the decision to determine if it was correct. To make such a request is “to appeal” or “to take an appeal.” One who appeals is called the “appellant;” the other party is the “ appellee”

Answer 2

Appeal

Question 3

the party who appeals a district court’s decision, usually seeking reversal of that decision

Answer 3

Appellant

Question 4

about appeals; an appellate court has the power to review the judgement of a lower court (trial court) or tribunal. For example, the U.S. circuit court appeals and reviews the decisions of the U.S. district courts

Answer 4

Appellate

Question 5

the party who opposes the appellant’s appeal, and who seeks to persuade the appeals court to affirm the district court’s decision

Answer 5

Appellee

Question 6

the law as established in previous court decisions. A synonym for legal precedent. Akin to common law, which springs from traditional and judicial decisions

Answer 6

Case Law

Question 7

a court has the power to decide whether to review a lower court’s decision

Answer 7

Certiorari

Question 8

a written statement that begins a civil lawsuit, in which the plaintiff details the claims against the defendant

Answer 8

Complaint

Question 9

money that a defendant pays the plaintiff in a civil case if the plaintiff has won. May be compensatory (for loss or injury) or punitive (to punish and deter future misconduct)

Answer 9

Damages

Question 10

in a civil case, the person or organization against whom the plaintiff brings suit; in a criminal case, the person accused of the crime

Answer 10

Defendant

Question 11

the disputed point between parties in a lawsuit

Answer 11

Issue

Question 12

the official decision of a court finally resolving the dispute between the parties to the lawsuit

Answer 12

Judgement

Question 13

conduct that falls below the standard established by law for the protection of others against unreasonable risk of harm

Answer 13

Negligence

Question 14

a judge’s written explanation of the decision of the court

Answer 14

Opinion

Question 15

a person or business that files a formal complaint with the court

Answer 15

Plaintiff

Question 16

a court decision in an earlier case with facts and legal issues similar to the dispute currently before a court

Answer 16

Precedent

Question 17

send back

Answer 17

Remand

Question 18

the act of a court setting aside the decision of the lower court

Answer 18

Reverse

Question 19

degree of proof required. In criminal cases, prosecutors must prove a defendant’s guilt “beyond a reasonable doubt.” The majority of civil lawsuits require proof “by a preponderance of evidence” (50.1%)

Answer 19

Standard of Proof

Question 20

a statute defining the time limits to undertaking a cause of action and providing a defense if the cause of action has not been filed in a timely fashion

Answer 20

Statute of Limitations

Question 21

a judgement entered by a court for one party and against another party without a full trial

Answer 21

Summary Judgement

Question 22

a civil, not criminal, wrong. A negligent or intentional injury against a person or property, with the exception of breach of contract

Answer 22

Tort

Question 23

the appellate court agrees with the lower court decision and allows it to stand

Answer 23

Uphold