Chapter 1 (Legal) Terms Flashcards Preview

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

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

the individual appealling

appellant

2

intermediate or supreme court of appeals

appellate courts

3

the party against whom an appeal is filed

appellee

4

trial before a judge without a jury

bench trial

5

a decision that establishes a precedent

binding authority

6

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

brief

7

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

collateral attack

8

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

concurring opinion

9

individual charged with a crime and who is standing trial

defendant

10

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

dissenting opinion

11

showing why a case differs from existing precedents

distinguishing precedents

12

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

harbeas corpus

13

short statements of the important points included in a legal decision

head notes

14

the conclusion reached by a judge in a case

holding

15

books containing the published opinions of judges

legal reporters

16

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

majority opinion

17

a judicial tribunal with three or more judges

multiple judge panel

18

observations from the bench

obiter dicta

19

arguments before an appellate court

oral argument

20

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

per curiam

21

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

persuasive authority

22

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

petitioner

23

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.

plurality opinion

24

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

precedent

25

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

reasoning

26

evidence that assists in establishing a material fact of the crime

relevant

27

an individual against whom a collateral attack is directed

respondent

28

use of question and answer technique in teaching

Socratic method

29

precedent

stare decisis

30

a completely new trial conducted before an appellate court

trial de novo

31

the written record of trial proceedings

trial transcript

32

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

writ of certiorari