Ch. 13
Double jeopardy
5th Amendment prohibition against a 2nd prosecution after a first trial for the same offense.
Collateral attacks
Attempts by state and federal prisoners to avoid the effects of a court decision by bringing a different court proceeding.
Appellate jurisdiction
Authority of a court to hear, determine, and render judgment in an action on appeal from an inferior court.
Appellate courts
Court that hears appeals on points of law from trial courts.
Reversible error
Error made at trial serious enough to warrant a new trial.
Harmless error
Error made during a trial that an appellate court believes is insufficient for reversing a judgment.
Affirm
In an appellate court, to reach a decision that agrees with that reached by the lower court.
Modify
In an appellate court, to reach a decision that disagrees in part with the result reached in the case by the lower court.
Reverse
In an appellate court, to reach a decision that disagrees with the result reached in the case by the lower court.
Original jurisdiction
Jurisdiction in the first instance; commonly used to refer to trial jurisdiction (as compared with appellate jurisdiction). appellate courts, however, have limited original jurisdiction.
Discretionary jurisdiction
Jurisdiction that a court may accept or reject in particular cases. the US Supreme Court has discretionary jurisdiction over most cases that come to it.
Mandatory jurisdiction
Jurisdiction that a court must accept. Cases falling under a court's mandatory jurisdiction must be decided officially on their merits, though a court may avoid giving them full consideration.
Habeas corpus
Latin phrase meaning "you have the body." A writ inquiring of an official who has custody of a person whether that person is imprisoned or detained lawfully.
Law clerks
Law student or lawyer employed by a judge, typically for a short period of time, who assists in legal research and writing.
Staff attorneys
Lawyers who work for all the judges of the appellate court.
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.
Pro se
Litigant who represents themselves without counsel.
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.
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.
Dissenting opinions
Opinion written by a judge of an appellate court that states the reasons for disagreeing with the majority decision.
Appellee
Party, usually the winning one, against whom a case is appealed. Also called the respondent.
Oral argument
Pat of the appellate court decision making process in which lawyers for both parties plead their case in person before the court.
Interlocutory
Provisional, temporary; while a lawsuit is still going on.
Opinion
Reasons given for the decision reached by an appellate court.
Postconviction remedies
Set of procedures by which a person who has been convicted of a crime can challenge in court the lawfulness of a judgment of a conviction or penalty or a correctional agency action and, thus, obtain relief in situations where this cannot be done by a direct appeal.
Appellant
The party, usually the losing one, that seeks to overturn the decision of a lower court by appealing to a higher court.
Remand
To send back. When a case is remanded, it is sent back by a higher court to the court from which it came for further action.