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legal research (la 102)
chapter one: legal terms
18
Law
Undergraduate 2
02/15/2011

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Term
Affirm
Definition
to uphold; in connection with an appeal to uphold the lower court's decision
Term
appeal
Definition
review of a lower court decision
Term
Appellant
Definition
one who appeals
Term
Appellee
Definition
party in an appeal who did not file the appeal
Term
civil law
Definition
the area of law dealing with private dispute between parties
Term
criminal law
Definition
the area of law dealing with prosecution and defense of crimes
Term
defendant
Definition
In criminal cases, the person accused of the crime. In civil matters, the person or organization that is being sued.
Term
motion for summary judgment
Definition
a request that the trial court decided the case without a trial
Term
Plaintiff
Definition
The person who initiates a lawsuit by filing a complaint is called the plaintiff.
Term
precedent
Definition
the examples set by the decision of an earlier court for similar cases or similar legal questions that arise in later cases
Term
real party in interest
Definition
a party who has a true interest in the action
Term
remand
Definition
To send back or recommit.When an appellate court sends a case back to the same court out of which it came for the purpose of having some action on it there.
Term
respondent
Definition
1. a person who responds or makes reply.
2.a defendant, especially in appellate and divorce proceedings.
Term
reverse
Definition
When an appellate court sets aside the decision of a lower court because of an error. (in short to change)
Term
stare decisis
Definition
"to stand by that which is decided." The principal that the precedent decisions are to be followed by the courts.
Term
writ of certiorari
Definition
To be informed of.' Refers to the order a court issues so that it can review the decision and proceedings in a lower court and determine whether there were any irregularities.
Term
writ of habeas corpus
Definition
an order directing the release of one who is in custody
Term
writ of mandate
Definition
order from higher court to lower court to take some action
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