Legal Terms Flashcards
Acquittal
the verdict in a criminal trial in which the defendant is found not guilty
Act
an alternative name for statutory law. When introduced in a legislature, a piece of proposed legislation is typically described as a “bill.” After a bill is enacted, the terms “law” and “act” may be used interchangeably to describe it. An act has the same legislative force as a joint resolution but is technically distinguishable, being of a different for and introduced with the words “Be it enacted” instead of “Be it resolved.”
Action
the formal legal demand of one’s rights from another person brought in court
Adjudication
the formal pronouncing or recording of a judgment or decree by a court
Administrative agency
a governmental authority, other than a legislature or court, which issues rules and regulations or adjudicates disputes arising under designated statutes and regulations. They usually act under authority delegated by the legislature.
Administrative law
law that governs, and is promulgated by, governmental administrative agencies other than courts or legislative bodies. These administrative agencies derive their power from legislative enactments and are subject to judicial review
Advance sheets
current pamphlets containing the most recently reported opinions of a court or the courts of several jurisdictions. The volume and page numbers usually are the same as in subsequently bound volumes of the series, which cover several of the previously issued advance sheets.
Advisory opinion
an opinion rendered by a court at the request of the government or an interested party that indicates how the court would rule on a matter should adversary litigation develop. This opinion is thus an interpretation of the law without binding effect. The International Court of Justice and some state courts will render these opinion; the Supreme Court of the United States will not.
Affidavit
a written statement or declaration of facts sworn to by the maker taken before a person officially permitted by law to administer oaths
Alternative dispute resolution
the process of resolving disputes through such means as mediation or arbitration rather than through litigation
Amicus Curiae
literally, “friend of the court.” A person or entity with strong interest in or views on the subject matter of a dispute involving other parties that petitions the court for permission to file a brief in the case, ostensibly on behalf of one of the parties, but actually to suggest a rationale consistent with its own views.
Annotations
- Statutory: brief summaries of the law and facts of cases interpreting statutes by Congress or state legislatures that are compiles in codes
- Textual: expository essays of varying length on significant legal topics chosen from selected cases or statutes, which are often published together with the essays.
Answer
the pleading filed by the defendant in response to the plaintiff’s complaint
Appeal papers
the record of lower court proceedings and briefs filed by attorneys with courts for the purpose of appealing a lower court’s actions in a litigated matter
Appellant
the party who requests that a higher court review the actions of a lower court
Appellate court
a court that has legal authority to review the actions and decisions of a lower court or an administrative agency on appeal
Appellee
the party against whom a n appeal is taken (usually, but not always, the winner in the lower court). It should be noted that a party’s status as appellant or appellee bears no relation to his, her or its status as plaintiff or defendant in the lower court
Arbitration
the hearing and settlement of a dispute between opposing parties by one or more neutral and non-judicial third parties. The third parties’ decision is often binding by prior agreement of the opposing parties. It is an alternative to litigation as a means of resolving disputes.
Attorney General Opinion
an opinion issued by the chief counsel of the federal government or a state government at the request of the president, a state governor or other governmental official on behalf of a state or federal agency interpreting the law for the requesting official or agency int he same manner as a private attorney would for his or her client. The opinion is not binding on a court but is usually accorded some degree of persuasive authority.
Authority
that which can bind or influence a court. Case law, legislation, constitutions, administrative regulations, and writings about the law are all legal ______.
Bill
a legislative proposal introduced in a legislature. The term distinguishes unfinished legislation from enacted law.
Black letter law
an informal term indicating the basic principles of law generally accepted by the courts and/or embodied in the statutes of a particular jurisdiction
Brief
- in American law practice, a written statement prepared by the counsel arguing a case in court. It contains a summary of the facts of the case, the pertinent laws, and an argument of how the law applies to the facts supporting counsel’s position
- a summary of published legal opinion prepared for the purpose of studying the opinion in law school
Calendar
a list or schedule that states the order in which cases are to heard during a term of court