How to Read a Legal Opinion Terms Flashcards

1
Q

Civil Suit

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Criminal Case

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Litigation

A

A process of taking legal actions

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Plaintiff

A

The person who brings the case against someone else in court

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Defendant

A

A person, company or institution sued/accused in court

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Trial Court

A

A court of law where cases are tried the first time

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Appellate Court or Appeals Court

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

District Court

A

State of federal trial court

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Circuit Courts of Appeals

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Appellant

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Appellee

A

Respondent in a case appealed in a higher court

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Petitioner

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Respondent

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Affirm

A

Accept/confirm the validity of a judgement/argreement

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Reverse

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Vacate

A

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

17
Q

Statutory Law

A

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

18
Q

Constitutional Law

A

Fundamental principals that the government exercises its authority

19
Q

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

A

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

20
Q

Holding

A

Court’s determination

21
Q

Holding

A

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

22
Q

Dicta

A

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

23
Q

The Case Method (of law school learning)

A

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