Fall 2014 Flashcards

1
Q

certiorari

A

high court’s discretionary review of an action by a lower court or agency

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2
Q

tribunal

A

a court, or anyone who sits in judgement of others

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3
Q

amicus

A

an impartial adviser, often voluntary, to a court of law in a particular case

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4
Q

per se

A

in itself

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5
Q

dicta

A

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.

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6
Q

pleading

A

plaintiff’s complaint and the defendant’s response to that complaint, first step for moving a lawsuit forward

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7
Q

complaint

A

request for a court order

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8
Q

remand

A

return to lower court for reconsideration

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9
Q

penological

A

study of the punishment of crime

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10
Q

stare decisis

A

doctrine of precedent

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11
Q

homocide

A

the deliberate and unlawful killing of one person by another; murder

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12
Q

arguendo

A

assuming a proposition for the sake of argument

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13
Q

Exculpation

A

Clear from charge of guilt or fault

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14
Q

volition

A

act or an instance of making a conscious choice or decision

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15
Q

writ of prohibition

A

writ directing a subordinate to stop doing something the law prohibits

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16
Q

in rem

A

against a thing

17
Q

habeas corpus

A

a writ that is used to bring a party who has been criminally convicted in state court into federal court

18
Q

Malum in se

A

wrong or evil in itself, innately immoral act

19
Q

habeas corpus

A

a writ that is used to bring a party who has been criminally convicted in state court into federal court

20
Q

Malum in se

A

wrong or evil in itself, innately immoral act

21
Q

Malum prohibitum

A

wrong because prohibited

22
Q

leave of court

A

grant by the court of something, which, without such grant it would have been unlawful to do