Intro Flashcards
Case, cause, suit or controversy disputed or contested before a court of justice
Action
To declare a judgement, decree or order is valid and must stand as rendered below.
Affirm
Literally, with stronger reason. A logic term used to label an argument claiming that because one ascertained fact exists, therefore another, analogous fact must also exist.
A Fortiori
Literally, a friend of the court. A person with strong interest in or views on the subject matter of an action, but not a party to the action, may petition the court for permission to file a brief, ostensibly on behalf of a party but actually to suggest a rationale consistent with its own views.
Amicus Curiae
In a pleading, to allege or assert positively.
Averment
A lawsuit, litigation, or action. Any question, civil or criminal, litigated or contested before a court of justice.
Cause
The facts that give rise to a lawsuit.
Cause of Action
Literally, to be informed of. The loser of a case will often ask the appellate court to issue a writ of certiorari, which orders the lower court to convey the record of the case to the appellate court and to certify it as accurate and complete. If an appellate court grants a writ of certiorari, it agrees to take the appeal, often referred to as “granting cert.”
Certiorari
Law arising from tradition and judicial decisions, as opposed to statutory law, passed by the legislature.
Common Law
A judgment that, without the need for enforcement, declares the rights of the parties or an interpretation of the law. A binding adjudication of the rights and status of litigants even though no actual, consequential relief is awarded. A party asks for a declaratory judgment if it feels the law is unclear, wants to be sure it is acting legally before acting, or wants to inform everyone that a certain action is legal or illegal. Such a judgment is conclusive in a subsequent action between the parties as to the matters declared. For example, a court may be asked to issue a declaratory judgment on the constitutionality of a statute. Compare with injunctions.
Declaratory Judgment
The judgment of a court of equity or chancery, answering for most purposes to the judgment of a court of law. A decree in equity is a sentence or order of the court, pronounced on hearing and understanding all issues, and determining the rights of all the parties to the suit, according to the equity and good conscience. With the procedural merger of law and equity under the Rules of Civil Procedure, the term “judgment” has generally replaced “decree.”
Decree
A motion to dismiss a civil case because of the legal insufficiency of a complaint. An allegation that, even if the facts as stated are taken to be true, there is no violation of law or grounds for a civil damages.
Demurrer
An observation or remark made by a judge in pronouncing an opinion upon a cause, concerning some rule, principle, or application of law, but not necessarily involved in the case or essential to its holding; any statement of the law enunciated by the court merely by way of illustration, argument, analogy, or suggestion, lacking the force of adjudication. Dicta does not have the force of law, as it is incidental to the main issue before the court.
Dicta
In a case in which the party with the burden of proof has failed to present a prima facie case for jury consideration, the trial judge may order the entry of a verdict without allowing the jury to consider it, because, as a matter of law, there can be only one such verdict. A directed verdict finding of not guilty may be appealed to a higher court, whereas a jury finding of not guilty cannot.
Directed Verdict
All judges of a court sitting together. Appellate courts can consist of a dozen or more judges, but often they hear cases in panels of three judges. If a case is heard or re-heard by the full court, it is heard en banc.
En Banc
To require a person, by writ of injunction, to perform or to abstain from some specific act.
Enjoin
A separate body of law developed in England in reaction to the inability of the common-law courts, in their strict adherence to rigid writs and forms of action, to consider or provide a remedy for every injury. The king therefore established the court of chancery or equity, to do justice between parties in cases where the common law would give inadequate redress. The principle of this jurisprudence is that equity will find a way to achieve a just result when legal procedure is inadequate. Equity and common-law courts are now merged in most jurisdictions.
Equity
A common-law action arising out of contract or a cause of action arising from a breach of promise.
Ex Contractu
A common-law action arising out of tort or a cause of action arising from breach of duty growing out of contract.
Ex Delicto:
Before the fact or event in question has occurred.
Ex Ante
After the fact or event in question has occurred
Ex Post
Formal conclusion by a judge or regulatory agency on issues of fact; also, a conclusion by a jury regarding a fact. Usually findings of fact cannot be appealed once the lower court has made its determination.
Finding
The legal principle to be drawn from the opinion of the court; the answer to the question posed before the court.
Holding
A court order prohibiting someone from doing some specified act or commanding someone to undo some wrong or injury. Generally it is a preventive and protective remedy, aimed at future acts, and is not intended to redress part wrongs. Compare with declaratory judgment.
Injunction
Literally, among other things. A term used in pleadings, especially in reciting statues, where the whole statute was not set forth at length.
Inter alia
