Vous êtes sur la page 1sur 2


Criminal Law Branch or division of Law which defines crimes, treats of their nature, and provides for their punishment 2. Civil Law The law of any particular state, now usually called municipal law 3. Administrative Proceedings A proceeding in or before an administrative body as distinguished from proceeding in court; The proceeding that takes place before an administrative agency and not a court of law 4. Affirm To state that you will tell the truth, though without swearing an oath; to confirm that something is correct 5. Appeal A proceeding undertaken to have a decision reconsidered by a higher authority; especially the submission of a lower courts or agencys decision to a higher court for review and possible reversal 6. Reverse To overturn (a judgment) on appeal 7. Defendant A person against whom court proceedings are brought 8. Plaintiff The party who brings a civil suit in a court of law 9. Accused A person who has been blamed for wrongdoing; A person against whom legal proceedings have been initiated 10. Motion for Summary Judgment A request that the court enter judgment without a trial because there is no genuine issue of material fact to be decided by a fact-finder that is, because the evidence is legally insufficient to support a verdict in the nonmovants favor 11. Remand The act or an instance of sending something (such as a case, claim, or person) back for further action; An order remanding a case, claim, or person

12. Real Party in Interest The principle that the person entitled by law to enforce a substantive right should be the one under whose name the action is prosecuted 13. Petition for review on Certiorari 14. Prohibition A law or order that forbids a certain action; An extraordinary writ issued by an appellate court to prevent a lower court from exceeding its jurisdiction or to prevent a nonjudicial officer or entity from exercising a power 15. Writ of Habeas Corpus A writ employed to bring a person before a court, most frequently to ensure that the persons imprisonment or detention is not illegal 16. Ponente 17. Per Curiam By the court; By a courts or judges decision; A proposition per curiam is one made by the judge 18. En Banc With all judges present and participating; in full court 19. Majority Opinion An opinion shared by a majority of the judges on a panel 20. Minority Opinion 21. Dissenting Opinion Am opinion by one or more judges who disagree with the decision reached by the majority 22. Concurring Opinion An opinion that is given by another authority that is in agreeance and upholds the opinion of the first authority 23. Separate Opinion - An opinion written by a judge separately from other judges, which can either agree or disagree with the opinion written by majority of judges 24. Ratio Decidendi The reason for deciding; The principle or rule of law on which a courts decision is founded; The rule of

law on which a later court thinks that a previous court founded its decision; a general rule without which a case must have been decided otherwise 25. Obiter Dictum Something said in passing; A judicial comment made while delivering a judicial opinion, but one that is unnecessary to the decision in the case and therefore not precedential 26. Stare Decisis The doctrine of precedent, under which a court must follow earlier judicial decisions when the same points arise again in litigation 27. Issues The matter/s in dispute in a court action; The children or other lineal descendants of a person; The total of bank notes in circulation within a country 28. Assignment of Errors A specification of the trial courts alleged errors on which the appellant relies in seeking an appellate courts reversal, vacation, or modification of adverse judgment 29. Pleadings A formal documents in which a party to a legal proceeding (especially a civil lawsuit) sets forth or responds to allegations, claims, denials, or defenses 30. Cause of Action A group of operative facts giving rise to one or more bases for suing; a factual situation that entitles one person to obtain a remedy in court from another person 31. Affirmative Defenses A defendants assertion of facts and arguments that, if true, will defeat the plaintiffs or prosecutions claim even of all the allegations in the complaint are true 32. Cross-Claim A claim asserted between codefendants or coplaintiffs in a case and that relates to the subject of the original claim or counterclaim

33. Prima Facie Case The establishment of a legally required rebuttable presumption; A partys production of enough evidence to allow the fact-trier to infer the fact at issue and rule in the partys favor 34. On Point Discussing the precise issue now at hand; apposite 35. On all fours Squarely on point on both facts and law; nearly identical in all material ways 36. Question of Fact An issue that has not been predetermined and authoritatively answered by the law; An issue that does not involve what the law is on a given point; A disputed issue to be resolved by the jury in a jury trial or by the judge in a bench trial 37. Question of Law An issue to be decided by the judge, concerning the application or interpretation of the law; A question that the law itself has authoritatively answered, so that the court may not answer it as a matter of discretion; An issue about what the law is on a particular point; an issue in which parties argue about, and the court must decide, what the true rule of law is; An issue that, although it may turn on a factual point, is reserved for the court and excluded from the jury; an issue that is exclusively within the province of the judge and not the jury