Chapter 1 (Legal) Terms Flashcards Preview

Criminal Justice 130 Survey of Criminal Law > Chapter 1 (Legal) Terms > Flashcards

Flashcards in Chapter 1 (Legal) Terms Deck (32)
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1
Q

the individual appealling

A

appellant

2
Q

intermediate or supreme court of appeals

A

appellate courts

3
Q

the party against whom an appeal is filed

A

appellee

4
Q

trial before a judge without a jury

A

bench trial

5
Q

a decision that establishes a precedent

A

binding authority

6
Q

written legal argument submitted to an appellate court; also, to write a summary of a case

A

brief

7
Q

a challenge to a conviction filed following the exhaustion of direct appeals

A

collateral attack

8
Q

an opinion by a judge supporting a majority or dissenting opinion, typically based on other grounds

A

concurring opinion

9
Q

individual charged with a crime and who is standing trial

A

defendant

10
Q

an opinion by a judge disagreeing with the majority of a multiple judge court

A

dissenting opinion

11
Q

showing why a case differs from existing precedents

A

distinguishing precedents

12
Q

an order issued by a court requiring the government to demonstrate that an individual is being legally detained

A

harbeas corpus

13
Q

short statements of the important points included in a legal decision

A

head notes

14
Q

the conclusion reached by a judge in a case

A

holding

15
Q

books containing the published opinions of judges

A

legal reporters

16
Q

the decision of a majority of the judges on a multiple judge panel

A

majority opinion

17
Q

a judicial tribunal with three or more judges

A

multiple judge panel

18
Q

observations from the bench

A

obiter dicta

19
Q

arguments before an appellate court

A

oral argument

20
Q

an opinion not attributed to a particular judge, literally “for the court”

A

per curiam

21
Q

a decision that a court may consult to assist in a judgement that does not constitute binding authority

A

persuasive authority

22
Q

an individual filing a collateral attack on a verdict following the exhaustion of direct appeals

A

petitioner

23
Q

a judicial opinion that represents the views of the largest number of judges on a court, although short of a majority. It is typically combined with a concurring opinion to constitute the court majority.

A

plurality opinion

24
Q

a judicial opinion that controls the decision of a court presented with the same issue. A court may conclude that a precedent does not fully fit the case it is adjudicating and distinguishing the case before it from the existing precedent

A

precedent

25
Q

an explanation of a judge’s thinking in reaching a decision

A

reasoning

26
Q

evidence that assists in establishing a material fact of the crime

A

relevant

27
Q

an individual against whom a collateral attack is directed

A

respondent

28
Q

use of question and answer technique in teaching

A

Socratic method

29
Q

precedent

A

stare decisis

30
Q

a completely new trial conducted before an appellate court

A

trial de novo

31
Q

the written record of trial proceedings

A

trial transcript

32
Q

a writ or order issued by the U.S. Supreme Court assuming jurisdiction over an appeal. Four judges must vote to review a case.

A

writ of certiorari