Module 13

What is illegal search and seizure?

Act in violation of the Fourth Amendment of the U.S. Constitution.

What are collateral attacks?

Attempts by state and federal prisoners to avoid the effects of a court decision by bringing a different court proceeding.

Define appellate jurisdiction.

Authority of a court to hear, determine, and render judgement in an action appeal from an inferior court.

What is a prisoner petition?

Civil lawsuit filed by a person incarcerated in prison who alleges violations of his or her rights during trial or while in prison.

What is the Equal Protection Clause?

Clause in the Fourteenth Amendment that forbids any state to deny any person within its jurisdiction the equal protection of the laws. This is the major constitutional restraint on the power of government to discriminate against persons because of race, national origin, or sex.

What is a writ of error?

Common law writ issued by an appellate court to review a decision of lower court upon appellant.

What is the Equal Rights Amendment (ERA)?

Constitutional amendment proposed by Congress in 1972, designed to guarantee women equality of rights under the law. The amendment fell three states short of ratification.

What is a memorandum decision?

Court ruling giving only what has been decided and what should be done but without reasons for the decision.

What is an appellate court?

Court that hears appeals on points of law from trial courts.

What is a reversible error?

Error made at trial serious enough to warrant a new trial.

What is harmless error?

Error made during a trial that an appellate court believes is insufficient for reversing a judgement.

Double jeopardy?

Fifth amendment prohibition against a second prosecution after a first trial for the same offense.

What is a plenary consideration?

Full consideration.

What is a writ of habeas corpus?

Habeas corpus is a latine phrase meaning "you have the body". It is a writ inquiring of an official who has custody of a person whether that persons imprisoned or detained lawfully.

What is an affirmance (for affirmation)?

In an appellate court, to reach a decision that agrees with that reached by the lower court.

What is a modification?

In an appellate court, to reach a decision that disagrees in part with the result reached in the case by the lower court.

What is a reversal?

In an appellate court, to reach a decision that disagrees with the result reached in the case by the lower court.

What is a mandatory jurisdiction?

Jurisdiction that a court must accept. Cases falling under a court.

What is mandamus?

Latin phrase meaning "we command." A mandamus is an order issued by a court that directs a lower court or other authority to perform a particular act.

Who is a law clerk?

Law student or lawyer employed by a judge, typically for a short period of time, who assists in legal research and writing.

Who are staff attorneys?

Lawyers who work for all the judges of the appellate court.

What is an appeal?

Legal challenge to a decision by a lower court. In the U.S. Supreme Court, certain cases are designated appeals under federal law; formally, these cases must be heard by the Court.

What is a Writ of Error?

Method of appeal by which an appellate court orders a lower court to send up a case for review of alleged mistakes made by the lower court. Used in some states but not in federal court.

What is an error (a legal error)?

Mistake made by a judge in the procedures used at trial or in legal rulings during the trial that allows one side in a lawsuit to ask a higher court to review the case.

What is new judicial federalism?

Movement in state supreme courts to reinvigorate states' constitutions as sources of individual rights over and above the rights granted by the U.S. Constitution.

What is a dissenting opinion?

Opinion written by a judge of an appellate court that states the reasons for disagreeing with the majority decision.

Who is a respondent?

Party in opposition to a petitioner or an appellant who answers the claims of that party.

What is an appellee?

Party, usually the winning one, against whom a case is appealed. Also called the respondent.

What is a transcript of record?

Printed record prepared for review of a case by a higher court. The words transcript and record on appeal are used interchangeably by appellate courts.

Define interlocutory.

Provisional; temporary; while a lawsuit is still going on.

What is an opinion (a legal opinion)?

Reasons given for the decision reached by an appellate court.

What is a post conviction remedy?

Set of procedures by which a person who has been convicted of a crime can challenge in court the lawfulness of a judgement of conviction or penalty or of a correctional agency action and, thus, obtain relief in situations where this cannot be done by a direct appeal.

What is a brief?

Written statement submitted by the attorney arguing a case in court. It consists of a statement of the facts of the case, presents legal arguments in support of the moving party, and cites applicable law.