exam 2 Flashcards
published/ reported opinion
courts designate certain opinions to be published because they think that the topic it addresses is important enough to rely on and the matter of law needs to be answered. The supreme court published mostly all of the opinions.
unpublished. unreported opinion
Although these opinions can be helpful in guiding research you are not suppose to rely on or cite them
motion to set aside
a motion that asks the judge to set aside/ nullify a judgement, request to overturn or set aside a courts judgement or verdict, or other final rulings in a case. The party making the motion must specify mistakes, legal errors, or other factors of the first trial that justify the party’s redress.
Selective prosecution
The enforcement or prosecution of criminal laws against a particular class of persons and failure to administer criminal laws against others outside the targeted class. This violates the equal protection clause of the 14th amendment if a defendant is singled out for prosecution when others in a similar situation have not been prosecuted. Prosecutor motivated by a discriminatory purpose.
Motion to suppress
A request made by the defendant in a criminal trial that the court refuse to allow a particular piece of evidence to be admitted at trail because that evidence was obtained illegally or in violation of the defendants rights
Relief
The redress, benefit given by a court to an individual who brings a legal action, could include return of property wrongfully taken by another compensation for an injury in the form of damages or enforcement of a contract
oral arguments
spoken to a judge or appellate court in defense of a clients case or in rebuttal of the opposing party. Given by the attorney.
briefs
a summary of the important points. written document drawn up to:
- issues of a lawsuit
- facts that bring the parties to court
- relevant laws that can affect the subject of the dispute
- arguments that explain how the law applies to the particular facts so that the case will be decided in that partys favor
abuse of discretion
a failure to take into proper consideration the facts and law relating to a particular matter. occurs when a judge:
- fails to consider relevant factors
- gives considerable weight to irrelevant factors
- makes an error in judgement
appellant
the person asking to a superior court to review the decision because they are dissatisfied with the judgment rendered in a lawsuit decided in a lower court
appellee
won at the trial court level, but the loser (appellant) has appealed the decision to a higher court. Also called the respondent
curtilage
the area, usually enclosed, encompassing the grounds and buildings surrounding a home that is used in the daily activities of domestic life
strict scrutiny/ compelling government interest
classifications based on race or national origin receive strict scrutiny which means that they are unconstitutional unless they serve a compelling government interest.
Heightened scrutiny/ important government interest
classifications based on sex would receive heightened scrutiny, a state would have to prove that a law treated men differently from women served an important public goal.
minimum scrutiny/ presumed constitutional
court would apply minimum scrutiny to sex based classification which would make them presumably constitutional.