Law Vocabulary
Terms
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- Amicus curiae
- Friend of the court brief
- Appeal
- Request for judicial review of verdict
- Beyond a reasonable doubt
- Level of evidence required in civil cases
- By a fair preponderance of the evidence
- Level of evidence required in criminal cases
- Certiorari
- Request for review of lower court decision
- Class action
- Action brought by one person on behalf of himself and all others in his category subject to certain legal standards. (Equal protection issue)
- Common law
- Case law, judge-made law
- De jure
- By law (as in legally segregated schools)
- Defacto
- In fact; as a situation exists (segregation from housing patterns)
- Defendant
- Appellee/respondent – the person against whom charges are being brought or decision is being sought on appeal
- En banc
- Entire court hears the appeal (at state or federal circuit court level)
- Ex punge
- Remove from the record
- In loco parentis
- In place of the parent
- Injunction
- Court order requiring something or refraining from doing something
- Mandamus
- Court order commanding an official duty be done
- Opinion, majority
- The equivalent of a “verdict†in an appeal. Must be a majority of justices hearing appeal. Written by one justice
- Opinion, concurring
- Justices who agree with the writer of the majority opinion and who want to add their views
- Opinion, dissenting
- Justice(s) who disagree with the writer of the majority opinion and who want to add their views
- Opinion, per curiam
- Unsigned, unanimous opinion
- Plaintiff
- Petitioner/appellant – the person bringing the charges or the appeal
- Precedent
- A legal opinion rendered at any level cited by other judges to justify their positions
- Prima facie
- Literally – “On its Face. For example, enough evidence presented to a Grand Jury to bring an indictment
- Remand
- Send case on appeal back to the lower court for retrying on one or more points of law
- Stare decisis
- Literally – “Let the decision stand.†Trial court is bound by appellate court decisions (precedents) on a legal question which is raised in the lower court.
- Statutory Law
- Legislative law as contrasted with judge-made or common law
- Tort law
- Literally – “A wrong.†Civil wrong or wrongful act, whether intentional or accidental, from which injury occurs to another. Torts include all negligence cases as well as intentional wrongs which result in harm.