Vocab Flashcards
Sufficiency of the evidence
Is the evidence enough for a reasonable finder of fact to find the defendant guilty beyond a reasonable doubt
de novo
starting from the beginning; afresh; anew
Rule of lenity
if there are two equally “plain” readings of the statute, choose the one that favors the defendant
Rule against absurd results
if the plain meaning of the statute yields an absurd result, and you can give a non-absurd reading of the statute, choose the non-absurd one
Ex post facto
with retroactive effect or force
Punitive
inflicting or intended as punishment
Notwithstanding
in spite of
Erroneous
wrong; incorrect
Appellant
a person who applies to a higher court for a reversal of a decision of a lower court
Appellee
the respondent in a case appealed to a higher court
Respondent
a defendant in a lawsuit
Inamorata
a person’s female lover
Sustain
an agreement to an attorney’s objection
Inverse proportion
the diminishing force of one inference enhances the force of its alternative
Affirm
to state as a fact
Remanded
to return a case to a lower court for reconsideration
Legality principle
“nullum crimen sine lege, nulla poena sine lege”
no crime nor punishment without the law
Viable
capable of working successfully; feasible
Certiorari
a writ or order by which a higher court reviews a decision by a lower court
per se
by or in itself or themselves; intrinsically
Interlocutory appeal
an appeal of a ruling by a trial court that is made before the trial itself has concluded. It asks an appellate court tot review an aspect of the case before the trial has concluded
Case at bar
case presently before the court
Dictum (plural: dicta)
a statement of opinion considered authoritative (although not binding) given the recognized authoritativeness of the person who pronounced it
res judicata
a matter that has been adjudicated by a competent court and may not be pursued further by the same parties
Estoppel
the principle that precludes a person from asserting something contrary to what is implied by a previous action or statement of that person or by a previous pertinent judicial determination
Militate
(of a fact or circumstance) be a powerful or conclusive factor in preventing
inter alia
among other things
Tortious
constituting a tort; wrongful
Testator
a person who has made a will or given a legacy
Forbearance
patient self-control; restraint and tolerance
Demur
verb: to raise doubts or objections or show reluctance
noun: the action or process of objecting or hesitating over something
Encumberance
a burden or impediment
Caveat
a warning or proviso of specific stipulations, conditions, or limitations
Consideration
the exchange of one thing of value for another
Divisive
tending to cause disagreement or hostility between people
Averment
an affirmation or allegation
Prima facie
based on the first impression; accepted as correct until proven otherwise
Mesne
intermediate
En banc
“in bench” a hearing, usually an appeal, by the full court of judges; not just a few of them
Promissory estoppel
a legal principle that a promise is enforceable by law, even if made without formal consideration, when a promisor has made a promise to a promisee who then relies on that promise to his subsequent detriment
Federal preemption
the invalidation of a U.S. state law that conflicts with federal law
Corpus delicti
the facts and circumstances constituting a breach of law
Habeas corpus
a writ that is used to bring a party who has been criminally convicted in state court into federal court
Obiter Dictum
a judge’s incidental expression of opinion, not essential to the decision, and not establishing precedent
A fortiori
“with stronger reason” applies to a situation in which if one thing is true then it can be inferred that a second thing is even more certainly true
