Vocab Flashcards

1
Q

Sufficiency of the evidence

A

Is the evidence enough for a reasonable finder of fact to find the defendant guilty beyond a reasonable doubt

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2
Q

de novo

A

starting from the beginning; afresh; anew

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3
Q

Rule of lenity

A

if there are two equally “plain” readings of the statute, choose the one that favors the defendant

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4
Q

Rule against absurd results

A

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

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5
Q

Ex post facto

A

with retroactive effect or force

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6
Q

Punitive

A

inflicting or intended as punishment

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7
Q

Notwithstanding

A

in spite of

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8
Q

Erroneous

A

wrong; incorrect

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9
Q

Appellant

A

a person who applies to a higher court for a reversal of a decision of a lower court

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10
Q

Appellee

A

the respondent in a case appealed to a higher court

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11
Q

Respondent

A

a defendant in a lawsuit

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12
Q

Inamorata

A

a person’s female lover

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13
Q

Sustain

A

an agreement to an attorney’s objection

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14
Q

Inverse proportion

A

the diminishing force of one inference enhances the force of its alternative

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15
Q

Affirm

A

to state as a fact

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16
Q

Remanded

A

to return a case to a lower court for reconsideration

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17
Q

Legality principle

A

“nullum crimen sine lege, nulla poena sine lege”

no crime nor punishment without the law

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18
Q

Viable

A

capable of working successfully; feasible

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19
Q

Certiorari

A

a writ or order by which a higher court reviews a decision by a lower court

20
Q

per se

A

by or in itself or themselves; intrinsically

21
Q

Interlocutory appeal

A

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

22
Q

Case at bar

A

case presently before the court

23
Q

Dictum (plural: dicta)

A

a statement of opinion considered authoritative (although not binding) given the recognized authoritativeness of the person who pronounced it

24
Q

res judicata

A

a matter that has been adjudicated by a competent court and may not be pursued further by the same parties

25
Q

Estoppel

A

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

26
Q

Militate

A

(of a fact or circumstance) be a powerful or conclusive factor in preventing

27
Q

inter alia

A

among other things

28
Q

Tortious

A

constituting a tort; wrongful

29
Q

Testator

A

a person who has made a will or given a legacy

30
Q

Forbearance

A

patient self-control; restraint and tolerance

31
Q

Demur

A

verb: to raise doubts or objections or show reluctance
noun: the action or process of objecting or hesitating over something

32
Q

Encumberance

A

a burden or impediment

33
Q

Caveat

A

a warning or proviso of specific stipulations, conditions, or limitations

34
Q

Consideration

A

the exchange of one thing of value for another

35
Q

Divisive

A

tending to cause disagreement or hostility between people

36
Q

Averment

A

an affirmation or allegation

37
Q

Prima facie

A

based on the first impression; accepted as correct until proven otherwise

38
Q

Mesne

A

intermediate

39
Q

En banc

A

“in bench” a hearing, usually an appeal, by the full court of judges; not just a few of them

40
Q

Promissory estoppel

A

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

41
Q

Federal preemption

A

the invalidation of a U.S. state law that conflicts with federal law

42
Q

Corpus delicti

A

the facts and circumstances constituting a breach of law

43
Q

Habeas corpus

A

a writ that is used to bring a party who has been criminally convicted in state court into federal court

44
Q

Obiter Dictum

A

a judge’s incidental expression of opinion, not essential to the decision, and not establishing precedent

45
Q

A fortiori

A

“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