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.