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Court Case Terms
court case terms
26
History
12th Grade
12/05/2010

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Cards

Term
Certiorari
Definition

“To make sure” A request for certiorari is an appeal which the higher court is not required to grant. If it does, then it agrees to gear the case, and a writ of certiorari is issued commanding officials of inferior courts to convey the record of the case to the higher court.

Term
Civil Case
Definition

A case involving disputes between two or more people, between the people and companies or between people and government agencies.

Term
Common law
Definition

The term generally refers to the “judge-made law” (case law or decision law). The common law originated in England in the rulings of judges based on tradition and custom. These rulings became the common law to the land. Common law is distributed from the statutes (laws enacted by legislatures)

Term
Complaint
Definition

The first legal document filed in a civil lawsuit. It includes a statement of the wrong or harm dome to the plaintiff by the defendant and a request for a specific remedy from the court. A complaint in a criminal case is a sworn statement regarding the defendant’s actions that constitute a crime.

Term
Appeal
Definition

A request by the losing party in a lawsuit that the judgment be reviewed by a higher court.

Term
Appellant
Definition

The party who initiates an appeal. Sometimes called a petitioner.

Term

appellate court

Definition
A court having jurisdiction to hear appeals and review a trial court’s decision.
Term
Appellee
Definition

The party against whom an appeal is taken, sometimes called a respondent

Term
Bar
Definition

The whole body of lawyers. The “Case at bar” is the case currently being considered.

Term
Brief
Definition

A written argument prepared by counsel to file in court setting forth both facts and law in support of a case.

Term
Decision
Definition
The judgment reached or given by a court of law.
Term
decree
Definition

An order of the court.

Term
Final Decree
Definition

Decree is one which fully and finally disposes of the litigation

Term
Interlocutory Decree
Definition

Decree is one that often disposes of only part of a lawsuit.

Term
Defendent
Definition

In a civil case, the person being sued. In a criminal case, the person charged with a crime.

Term
De Facto
Definition

Latin, meaning “in fact” or “actually”. Something that exists in fact but not as a matter of law.

Term
Dispute
Definition

A conflict of claims or rights for which a legal suit may be brought

Term
Finding
Definition

Formal conclusion by a judge or regulatory agency on issues of fact; also a conclusion by a jury regarding a fact.

Term
opinion
Definition

A written statement of a judge setting fort the reasons for a decisions and explaining his or her interpretation of the law applicable to the case

Term
Majority opinion
Definition

Represents the view of more than half of the judges who participated in the case.

Term
pluarlity opinion
Definition

Represents the view of the greatest number of judges, but less than half of those who hears the case.

Term
Dissenting opinion
Definition

One which disagrees with the decision of the majority.

Term
concurring opinion
Definition

Agrees with the decision of the majority, but differs from the reasoning of the majority opinion.

Term
Plea of Nolo Contendere (no contest)
Definition

You do not contest the States charge against you. You will almost certainly be found guilty, unless you are eligible and successfully complete a driving safety course and or court ordered probation. It may not be used against you in a subsequent civil suit for damages.  

Term
plea of not guilty
Definition

You deny guilt, and that the state must prove the charge that is filed against you. You need to decide whether to hire an attorney to represent you.

Term
continuance
Definition
You must put the request in writing and submit it to the court with your reasons prior to trial.
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