17: Appellate Courts

plurality opinion

A decision, usually of an appellate court, in which no single opinion received the support of a majority of the court.

appellate brief

A formal document submitted to an appellate court setting forth the legal arguments in support of a party's case on appeal. When a brief is filed in support of a motion at the trial court level, it is sometimes referred to as a "memorandum of points and authorities."

appellee (respondent)

A party, usually the winning party, against whom a case is appealed.

concurring opinion

A written opinion in which a judge agrees with the outcome of a case on appeal, but wishes to emphasize different points or rationales than those used by the judges who sign on to the majority decision.

brief

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

delinquency

An act committed by a juvenile that would require an adult to be prosecuted in a criminal court. Because the act is committed by a juvenile, it falls within the jurisdiction of the juvenile court. Delinquent acts include crimes against persons or property, drug offenses, and crimes against public order

collateral attack

An attempt to overturn the outcome of a court case by challenging it in a different proceeding or court.

reversible error

An error made at trial serious enough to warrant a new trial.

harmless error

An error made at trial that is insufficient grounds for reversing a judgment.

plain error

An exception to the contemporary objection rule in which a highly prejudicial error substantially affects the rights of the accused such that a failure to correct the error on appeal, even if an objection was not made at the hearing or trial at the time of the alleged error, would result in a miscarriage of justice.

dissenting opinion

An opinion written by a judge of an appellate court in which the judge states the reasons for disagreeing with the majority decision.

error correction

Appellate courts seek to correct legal errors made in lower courts.

reversed and remanded

Decision of an appellate court that the guilty verdict of the lower court be set aside and the case be retried.

double jeopardy

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

en banc

French term referring to the session of an appellate court in which all the judges of the court participate, as opposed to a session presided over by three judges.

policy formulation

Function of appellate courts to make new law and adjust existing law to changing circumstances.

affirm

In an appellate court, to reach a decision that agrees 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.

remand

In an appellate court, to send a case back to the court from which it came for further action.

discretionary appellate jurisdiction

Jurisdiction that a court may accept or reject in particular cases. The Supreme Court has discretionary jurisdiction over most cases that come to it.

mandatory appellate 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 being lawfully imprisoned or detained.

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.

appellate court record

Papers, documents, and exhibits, as well as the transcript of the trial, that are submitted to the appellate court for review.

interlocutory

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

Warren Court

The Supreme Court under the leadership of Chief Justice Earl Warren (1953-1969).

Roberts Court

The Supreme Court under the leadership of Chief Justice John Roberts (2005-).

Burger Court

The Supreme Court under the leadership of Chief Justice Warren Burger (1969-1986).

Rehnquist Court

The Supreme Court under the leadership of Chief Justice William Rehnquist (1986-2005).

standard of review

The amount of deference an appellate court gives to the determinations made by a lower court.

oral argument

The part of the appellate court decision-making process in which lawyers for both parties plead their case in person before the court.

Petitioner

The party filing a petition in a court of law. It is most commonly used to refer to the parting seeking discretionary appellate review through the filing a petition for a writ of certiorari.

respondent

The party responding to a petition. It is most commonly used to refer to the party responding to the filing of a petition for a writ of certiorari.

Writ of certiorari, petition for

The petition a party files asking an appellate court to exercise its discretionary appellate jurisdiction to review a case.

opinion

The reasons given for the decision reached by an appellate court.

contemporaneous objection rule

The requirement that an objection be made at a hearing or trial at the time of the alleged error in order for the mistake to qualify as the basis for an appeal.

right to one appeal

U.S. law generally grants the loser in trial court the right to a single appeal, which the upper court must hear.

notice of appeal

Written document filed with the clerk of court stating that the defendant in the criminal case plans to appeal.

appellant (petitioner)

appellant (petitioner)