How to Read a Legal Opinion Terms

Question 1

Civil Suit

Answer 1

Between people - Usually someone suing someone else for wronging them. Usually gets money if they win

Question 2

Criminal Case

Answer 2

Person is charged for a crime against the community or state, brought to court and found guilty/not guilty and sentenced

Question 3

Litigation

Answer 3

A process of taking legal actions

Question 4

Plaintiff

Answer 4

The person who brings the case against someone else in court

Question 5

Defendant

Answer 5

A person, company or institution sued/accused in court

Question 6

Trial Court

Answer 6

A court of law where cases are tried the first time

Question 7

Appellate Court or Appeals Court

Answer 7

A court of law where they hear an appeal, second time around from the trial court

Question 8

District Court

Answer 8

State of federal trial court

Question 9

Circuit Courts of Appeals

Answer 9

Determine whether or not the law was applied correctly in the trial court - 3 judges and NO jury

Question 10

Appellant

Answer 10

Person who applies to a higher court for reversal of a decision in a lower court

Question 11

Appellee

Answer 11

Respondent in a case appealed in a higher court

Question 12

Petitioner

Answer 12

Person who makes a formal application for judicial action in a suit

Question 13

Respondent

Answer 13

Defendant in a lawsuit, especially one in an appeals or divorce case

Question 14

Affirm

Answer 14

Accept/confirm the validity of a judgement/argreement

Question 15

Reverse

Answer 15

The decision of a court of appeal that the judgement in the lower court was incorrect and therefore reversed

Question 16

Vacate

Answer 16

Property - give up possession of property and leave completely void of contents
Court Order/Judgement - cancel it, render it null/void

Question 17

Statutory Law

Answer 17

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

Question 18

Constitutional Law

Answer 18

Fundamental principals that the government exercises its authority

Question 19

stare decisis (pronounced “star-ay dee-si-sis”)

Answer 19

The legal principal of determining points in litigation according to a precedent

Question 20

Holding

Answer 20

Court’s determination

Question 21

Holding

Answer 21

Court’s determination on a matter of law based on an issue presented in a particular case

Question 22

Dicta

Answer 22

Statement of opinion that is considered authoritative, not binding, and the authoritativeness of the person who said it is taken into consideration

Question 23

The Case Method (of law school learning)

Answer 23

Put students into the roles of people who had to face difficult decisions in their cases in the past