Fall 2014 Flashcards
certiorari
high court’s discretionary review of an action by a lower court or agency
tribunal
a court, or anyone who sits in judgement of others
amicus
an impartial adviser, often voluntary, to a court of law in a particular case
per se
in itself
dicta
Expressions in a court’s opinion that go beyond the facts before the court and therefore are individual views of the author of the opinion and not binding in subsequent cases as legal precedent.
pleading
plaintiff’s complaint and the defendant’s response to that complaint, first step for moving a lawsuit forward
complaint
request for a court order
remand
return to lower court for reconsideration
penological
study of the punishment of crime
stare decisis
doctrine of precedent
homocide
the deliberate and unlawful killing of one person by another; murder
arguendo
assuming a proposition for the sake of argument
Exculpation
Clear from charge of guilt or fault
volition
act or an instance of making a conscious choice or decision
writ of prohibition
writ directing a subordinate to stop doing something the law prohibits
in rem
against a thing
habeas corpus
a writ that is used to bring a party who has been criminally convicted in state court into federal court
Malum in se
wrong or evil in itself, innately immoral act
habeas corpus
a writ that is used to bring a party who has been criminally convicted in state court into federal court
Malum in se
wrong or evil in itself, innately immoral act
Malum prohibitum
wrong because prohibited
leave of court
grant by the court of something, which, without such grant it would have been unlawful to do
