Court Terms for chapter 14

writ of error

A writ commissioning an appellate court to review the proceedings of another court and correct the judgment given if deemed necessary.

majority opinion

A written explanation of the decision handed down by a majority of the court.

brief

A written statement by an attorney that summarizes a case and the laws and rulings that support it

prima facie

Latin for "at first view," "on its face." This type of case is one that doesn't require further support; the evidence in your favor is so strong that the other party must mount a defense

nolo contendere

Latin for "no contest." For a criminal sentence, it has the same effect as a plea of guilty, but it may not be considered an admission of guilt for any other purpose.

appellant

The loser in a lawsuit; the one who's bringing his case to a higher court for review of the lower court's decision. He wants the lower court's decision overturned.

appellee

The party against whom an appeal is filed

appellee

The person who won his case in the lower court and is being made to defend it in a higher court where it has been brought on appeal. He wants the lower court's decision to stand.

en banc

The term used when the full panel of judges on the appellate court hears a case.

in camera

"In chambers." It refers to meetings that are held in a judge's chambers and hence out of view of the public and jury. Such a meeting ma be called to examine evidence to decide whether it will be presented to the jury

stare decisis

"Let the decision stand." A common law doctrine under which judges are obligated to follow the precedents established in prior decisions

obiter dictum

"Said in passing". A court judge's statement on a point of law, which is not related to the decision, and therefore not binding.

voir dire

"To speak the truth." The process by which judges and lawyers select a petit jury from among those eligible to serve. It entails questioning people to determine their knowledge of the facts of the case and their willingness to decide the case only on the evidence presented in court. Or and inquiry as to the foundation for certain disputed evidence used to determine the admissibility of that evidence.

voir dire

"to speak the truth" Jury selection process of questioning prospective jurors, to ascertain their qualifications and determine any basis for challenge.

ex relatione

"upon relation or report." It's used in case names to indicate that the suit was brought by the government at the instigation of a private person who had an interest in the case's outcome

DIG

(dismiss certiorari as improvidently granted) court should not have accepted the case; in the event of writ of certiorari

nolo contendere

(law) an answer of 'no contest' by a defendant who does not admit guilt but that subjects him to conviction

rule of four

A United States Supreme Court procedure by which four justices must vote to grant a petition for review if a case is to come before the full court.

per curiam

A brief, unsigned opinion issued by the Supreme Court to explain its ruling.

tort

A civil wrong or breach of a duty to another person as outlined by law. A very common one is negligent operation of a motor vehicle that results in property damage and/or personal injury.

precident

A court decision in an earlier case with facts and law similar to those in a dispute currently before a court. Precedent will ordinarily govern the decision of a later case, unless a party can show that the case was wrongly decided or that it differed in some significant way from the current case.

pro se

A Latin term meaning "on one's own behalf"; in courts, it refers to persons who present their own cases without lawyers.

writ of mandamus

A court order forcing action. In the dispute leading to Marbury vs. Madison , Marbury and his associates asked the Supreme Court to issue a writ ordering Madison to give them their commisions

writ of habeas corpus

A court order that requires police to bring a prisoner to court to explain why they are holding the person

subpoena duces tecum

A court order that's issued at the request of one party to a case, asking a witness to produce any relevant documents under his control, for example, business or tax records.

original jurisdiction

A court's authority to hear a case first.

writ of certiorari

A formal writ used to bring a case before the Supreme Court.

test case

A lawsuit whose purpose is to see if a law or legal principle will stand up in court. A group may intentionally break the law in order to test the law's constitutionally. Often when there is a group of similar suits pending, the one that is most representative or thought most likely to succeed will become the test case. The outcome will be pertinent to the other cases when they are tried.

appellant

A party appealing a court decision or ruling.

in forma pauperis

A petition that allows a party to file "as a pauper" and avoid paying Court fees.

solicitor general

A presidential appointee and the third-ranking office in the Department of Justice. The _______ is in charge of the appellate court litigation of the federal government.

majority opinion

A statement that presents the views of the majority of Supreme Court justices regarding a case

dissenting opinion

A statement written by a justice who disagrees with the majority opinion, presenting his or her opinion

recusal

Abstention. If a judge has a personal interest in a case, he removes himself from the proceedings. It is a way of protecting those involved from any preexisting bias the judge may have.

DIG

An acronym for "dismiss certiorari as improvidently granted." The justices may upon further deliberation decide to withdraw their grant of certiorari. In other words, they've changed their minds and won't hear the case.

in rem

An action against a thing, for example, a tax foreclosure proceeding, as opposed to in personam.

in personam

An action directed against a person.

dissenting opinion

An opinion by a justice who disagrees with the majority's decision. He may not produce his own written opinion but may simply declare himself as _____. A _____ can't change the Supreme Court's decision, but it can influence public opinion. A ______ may hope that a future Court, rereading his legal reasoning, will overrule the majority opinion.

concurring opinion

An opinion that agrees with the majority in a Supreme Court ruling but differs on the reasoning.

concurring opinion

An opinion that's in agreement with the result reached by the majority but disagrees with the reasoning that led the majority to its decision. A justice may write one, giving his own reasons for reaching the decision. Other justices may add their names to it.

stay

An order that stops or suspends any action until some particular event occurs or the stay is lifted by the court. A justice of the Supreme Court, acting alone, may issue a stay to stop a lower court's acting on a particular matter.

solicitor general

Appointed by the president, the _____ or a member of his staff represents the U.S. government in cases before the Supreme Court.

concurrent jurisdiction

Authority for both state and federal courts to hear and decide cases

appellate jurisdiction

Authority of court to review a decision of a lower court or administrative agency.

exclusive jurisdiction

Authority of only federal courts to hear and decide cases

subpoena ad testificandum

Court order that requires an individual to appear in court to testify.

comity

Courtesy. Judicial _____ isn't a rule of law, it's a rule of convenience by which one court defers to another's jurisdiction. _____ is for non-required recognition, for example, recognition of a divorce decree issued by a foreign court.

seriatim

From the Latin, meaning "one by one"; "individually." Separate opinions were at one time written by each Supreme Court justice, but this practice was abandoned in the early 1800s.

remand

Decision of appellate court returning a case to a lower court for further proceedings

ex parte

From the Latin, meaning "only from one side." This action is one brought on behalf of one party, who need not be notified nor participate in the action, against another.

subpoena ad testificandum

It's a court order that commands a witness to appear and give testimony. If you disobey it, you may be found in contempt of court and duly punished.

obiter dictum

It's a statement made by a judge that is incidental to the question before him. It's kind of "by the way," and it's usually not binding on any future cases.

rule of four

It's an unwritten rule that a case will not be heard by the Supreme Court unless at least four justices vote to review it.

subpoena duces tecum

Latin phrase meaning, "under penalty take with you"; a court order requiring a person to appear in court and to bring certain records or other material to a trial or a deposition

amicus curiae

Literally, "a friend of the court." A person or group who is not a party to the lawsuit but who has information or experience that is thought will be helpful in deciding the case. They sometimes are parties who will be affected by the outcome of the case. They may be asked by one side or the other to participate or, with permission of the Court, they may join the case on their own initiative.

en banc

Literally, "in the bench" or "full bench." It refers to court sessions with the entire membership of a court participating rather than only a quorum. US courts of appeals usually sit in panels of three judges, but may expand and sit like this in certain cases.

in forma pauperis

Literally, "in the manner of a pauper." An appeal maybe brought by a person unable to pay the court costs. If his petition is granted, he doesn't have to pay costs nor does he have to adhere to certain of the Supreme Court's rules, for example, the number of copies of a brief that need to be printed.

in re

Literally, "in the matter of." Used in the title of the case when there are no actual opponents. It refers instead to the person who is the primary subject of the case. It's often used in cases involving juvenile offenders.

stare decisis

Literally, "let the decision stand"; the doctrine to uphold precedents. It means that in similar cases, past judicial decisions should be accepted as the authorities.

pro se

Literally, "on one's own behalf." In courts, it refers to persons who present their own cases without benefit of lawyers.

appellate jurisdiction

The Supreme Court has ______ in cases brought on appeal from lower federal courts and from state courts when an issue concerning federal law is involved.

remand

When a higher court sends a case back to the lower court for further proceedings.

concurrent jurisdiction

When two courts have the simultaneous ability to hear the same case.

test case

a case brought to force a ruling on the constitutionality of some law or executive action

seriatim

a court is addressing multiple issues in a certain order; such as the order that the issues were originally presented to the court

ex relatione

by or on the information of. used in case title to designate the person at whose instance the government or a public official is acting

recusal

the withdrawal of a judge from legal proceedings when her or his impartiality might reasonably be questioned

comity

idea that courts should not act in a way that demeans the jurisdiction, laws, or judicial decisions of another jurisdiction

tort

in law, a civil misdeed requiring compensation

in rem

jurisdiction based on claims against property

in personam

jurisdiction based upon claims against a person, in contrast to jurisdiction over the person's property

per curiam

literally "by the court." It's unanimous, unsigned, and usually brief.

original jurisdiction

no other court need first consider the matter. The Supreme Court has _____ in cases involving ambassadors from other countries and in suits to which a state of the US is a party

precident

ruling that is used as the basis for judicial decision in a later but similar case

stay

temporarily stopping a judicial proceeding through the orders of a court, judge may grant it with or without motion of party; granted in a case where it is necessary to secure right of the party

a fortiori

to draw a inference that when one proposition is true, then the second proposition must also be true

ex parte

with respect to or in the interests of one side only or of an interested outside party