Communications and the Law: Chapter 1

memorandum order

An order announcing the vote of the Supreme Court without providing an opinion.

per curiam opinion

An unsigned opinion by the court as a whole.

supremacy

Article 4, Part 2 of the U.S. Constitution (commonly called the Supremacy Clause) establishes that federal law takes precedence over, or supersedes, state laws.

peremptory challenge

During jury selection, a challenge in which an attorney rejects a juror without showing a reason. Attorneys have the right to eliminate a limited number of jurors through peremptory challenges.

black-letter law

Formally enacted, written law that is available in legal reporters or other documents.

original jurisdiction

The authority to consider a case at its inception, as contrasted with appellate jurisdiction.

subpoena

A command for someone to appear or testify in court or to turn over evidence, such as notes or recordings with penalties for noncompliance.

grand jury

A group summoned to hear the state's evidence in criminal cases and decide whether a crime was committed and whether charges should be filed; grand juries do not determine guilt.

facial challenge

A legal argument that the challenged law or policy is unconstitutional in every application; there are no situations in which the law can be interpreted to be constitutional.

forum shopping

A practice whereby the plaintiff chooses a court in which to sue because he or she believes the court will rule in the plaintiff's favor.

federalism

A principle according to which the states are related to yet independent of each other and are related to yet independent of the federal government.

tort

A private or civil wrong for which a court can provide remedy in the form of damages.

demurrer

A request that a court dismiss a case on the grounds that although the claims are true they are insufficient to warrant a judgment against the defendant.

motion to dismiss

A request to a court to reject a complaint because it does not state a claim that can be remedied by law or is legally lacking in some other way.

concurring opinion

A separate opinion of a minority of the court or a single judge or justice agreeing with the majority opinion but applying different reasoning or legal principles.

dissenting opinion

A separate opinion of a minority of the court or a single judge or justice disagreeing with the result reached by the majority and challenging the majority's reasoning or the legal basis of the decision.

strict construction

Courts' narrow interpretation and application of a law based on the literal meaning of its language. Especially applied in interpreting the Constitution.

common law

Judge-made law comprised of the principles and traditions established through court rulings; precedent-based law.

equity law

Law created by judges to decide cases based on fairness and ethics and also to determine the proper remedy.

strict liability

Liability without fault; liability for any and all harms, foreseeable or unforeseen, which result from a product or an action.

venire

Literally, "to come" or "to appear"; the term used for the location from which a court draws its pool of potential jurors, who must then appear in court for voir dire; a change of venire means a change of the location from which potential jurors are drawn.

voir dire

Literally, "to speak the truth"; the questioning of prospective jurors to assess their suitability.

executive orders

Orders from a government executive, such as the president, a governor or a mayor, that have the force of law.

doctrines

Principles or theories of law that shape judicial decision making (e.g., the doctrine of content neutrality).

political questions

Questions not subject to judicial review because they fall into areas properly handled by another branch of government.

originalists

Supreme Court justices who interpret the Constitution according to the perceived intent of its framers.

holding

The decision or ruling of a court.

jurisdiction

The geographic or topical area of responsibility and authority of a court.

deference

The judicial practice of interpreting statues and rules by relying heavily on the judgments and intentions of the administrative experts and legislative agencies that enacted the laws.

venue

The locality of a lawsuit and of the court hearing the suit. Thus, a change of venue means a relocation of a trial.

administrative law

The orders, rules and regulations promulgated by executive branch administrative agencies to carry out their delegated duties.

defendant

The party accused of violating a law, or the party being sued in a civil lawsuit.

appellee

The party against whom an appeal is made.

appellant

The party making the appeal; also called the petitioner.

plaintiff

The party who files a complaint; the one who sues.

facial meaning

The plain and straightforward meaning.

judicial review

The power of the courts to determine the meaning of the Constitution and decide whether laws violate the Constitution.

discovery

The pretrial process of gathering evidence and facts. The word also may refer to the specific items of evidence that are uncovered.

statutory construction

The process by which courts determine the proper meaning and application of statutes.

summary judgment

The resolution of a legal dispute without a full trial when a judge determines that undisputed evidence is legally sufficient to render judgment.

constitutional law

The set of laws that establish the nature, functions and limits of government.

probable cause

The standard of evidence needed for an arrest or to issue a search warrant. More than mere suspicion, it is a showing through reasonably trustworthy information that a crime has been or is being committed.

distinguish from precedent

To justify an outcome in a case by asserting that differences between that case and preceding cases outweigh any similarities.

affirm

To ratify, uphold or approve a lower court ruling

overturn precedent

To reject the fundamental premise of a precedent.

overrule

To reverse the ruling of a lower court.

remand

To send back to the lower court for further action.

textualists Judges (Supreme Court justices)

rely exclusively on a careful reading of legal texts to determine the meaning of the law.