How to Read a Legal Opinion Terms Flashcards
Civil Suit
Between people - Usually someone suing someone else for wronging them. Usually gets money if they win
Criminal Case
Person is charged for a crime against the community or state, brought to court and found guilty/not guilty and sentenced
Litigation
A process of taking legal actions
Plaintiff
The person who brings the case against someone else in court
Defendant
A person, company or institution sued/accused in court
Trial Court
A court of law where cases are tried the first time
Appellate Court or Appeals Court
A court of law where they hear an appeal, second time around from the trial court
District Court
State of federal trial court
Circuit Courts of Appeals
Determine whether or not the law was applied correctly in the trial court - 3 judges and NO jury
Appellant
Person who applies to a higher court for reversal of a decision in a lower court
Appellee
Respondent in a case appealed in a higher court
Petitioner
Person who makes a formal application for judicial action in a suit
Respondent
Defendant in a lawsuit, especially one in an appeals or divorce case
Affirm
Accept/confirm the validity of a judgement/argreement
Reverse
The decision of a court of appeal that the judgement in the lower court was incorrect and therefore reversed
Vacate
Property - give up possession of property and leave completely void of contents
Court Order/Judgement - cancel it, render it null/void
Statutory Law
Written laws usually enacted by a legislative body for regulatory and administrative laws that are passed by executive agencies, common law and law created by previous court decisions
Constitutional Law
Fundamental principals that the government exercises its authority
stare decisis (pronounced “star-ay dee-si-sis”)
The legal principal of determining points in litigation according to a precedent
Holding
Court’s determination
Holding
Court’s determination on a matter of law based on an issue presented in a particular case
Dicta
Statement of opinion that is considered authoritative, not binding, and the authoritativeness of the person who said it is taken into consideration
The Case Method (of law school learning)
Put students into the roles of people who had to face difficult decisions in their cases in the past
