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CSU EDU 630 midterm

Affirmed Affirmed: In the practice of appellate courts, to affirm a judgment, decree, or order, is to declare that it is valid and right and must stand as rendered below.
Amicus Curiae Amicus Curiae: Latin – A friend of the court. A person with strong interest in or views on the subject matter of an action, but who is not a party to the action, may petition the court for permission to file a brief, ostensibly on behalf of a party but
Appellant Appellant: The party who takes an appeal from one court or jurisdiction to another.
Appeal Appeal: The complaint to a superior court of an injustice done or error committed by an inferior court, whose judgment or decision the court above is called upon to correct or reverse.
Appellate Court Appellate Court: A state or federal court that may review the judgment of a lower court. In a trial de novo, the appellate court may also hear new evidence or redetermine the facts that appear in the record of the original trial. In the US, the US Supre
Appellee Appellee: Party against whom an appeal is taken.
Assault Assault: Any intentional display of force or a movement that could reasonably give the victim reason to fear or expect immediate bodily harm.
Battery Battery: Intentional and wrongful physical contact of a person without his or her consent that entails some injury or offensive touching.
Brief Brief: A written statement prepared by the counsel arguing a case in court. It contains a summary of the facts of the case, the pertinent laws, and how the laws apply to the facts supporting counsel’s position.
De Jure Of right; legitimate; lawful.
Dissenting Opinion A judge’s decision that disagrees with the result reached by the majority and thus disagrees with the reasoning and/or the principles of law used by the majority in deciding the case.
En Banc Full bench. Refers to a session where the entire membership of the court will participate in the decision rather than the regular quorum. Only occurs when the issues involved are unusually novel or of wide impact.
Felony Generally, a crime punishable by death or imprisonment for a term exceeding one year.
In Loco Parentis Latin – In the place of a parent.
Jurisdiction The power and authority of a court to hear and determine legal proceedings. Presupposes the existence of a duly constituted court with control over the subject matter and the parties.
nonfeasance Nonfeasance: Nonperformance of some act that a person is obligated or has a responsibility to perform; omission to perform a required duty at all; or, total neglect of duty.
Injunction A court order prohibiting someone from doing some specified act or commanding someone to undo some wrong or injury.
Federal Courts The principal federal courts are the District Court, a trial court of general federal jurisdiction, and the U.S. Court of Appeals, intermediate appellate courts sitting in 11 numbered circuits, the District of Columbia, and the Court of Appeal for the Fe
libel Libel: One of the twin torts of defamation; this is defamation by printed or written communication.
Due Process A course of legal proceeding disigned to safeguard the legal rights of the individual.
misfeasance Misfeasance: The improper performance of some act that a person may lawfully do (a misdeed).
De Minimis Under this doctrine, the law does not care for, or take notice of, very mall or trifling matters.
precedent Precedent: A decision by a higher court providing an authority for an identical or similar case later arising on a similar question of law.
quid pro quo Quid Pro Quo: Giving one valuable thing for another.
punitive damages Punitive Damages: An award in a civil case that is intended to punish.
plurality decision Plurality Decision: A decision that is agreed to by less than a majority of the court with respect to the reasoning of the decision, but is agreed to by a majority with respect to the result.
negligence Negligence: The omission to do something that a reasonable man, guided by those ordinary considerations that ordinarily regulate human affairs, would do, or the doing of something that a reasonable and prudent man would not do. The failure to use ordinar
majority opinion Majority Opinion: The majority opinion in a case is usually written by one judge and represents the principles of law that a majority of his or her colleagues on the court deem operative in a given decision; it has more precedential value than any other t
liable Liable: Legally responsible; usually applies in a civil matter.
remand Remand: To send back. The act of an appellate court when it sends a case back to the trial court and orders the trial court to conduct limited new hearings or an entirely new trial or to take some further action.
respondent Respondent: The party who makes an answer to a bill or other proceeding in an equity. In appellate practice, the party who contends against an appeal; the appellee.
sovereign immunity Sovereign Immunity: A judicial doctrine that precludes bringing suit against the government without its consent.
stare decisis Stare Decisis: Latin – Stand by what has been decided. Adhering to precedent, applying a previous decision to the present case; the previous decision has become the rule.
summary judgement Summary Judgment: Procedural device available for prompt and expeditious disposition of controversy without trial when there is no dispute as to either material fact or inferences to be drawn from undisputed facts, or if only a question of law is involved
tort Tort: A private or civil wrong or injury for which the court will provide a remedy in the form of money damages.
statutes Statutes: Laws enacted by the legislative power of a country or state.
standing to sue Standing to Sue: The right to take the initial step that frames legal issues for ultimate adjudication by a court or jury.
reversed Reversed: To overthrow, vacate, set aside, make void, annul, repeal, or revoke; to reverse a judgment, sentence, or decree of a lower court by an appellate court, or to change to the contrary or to a former condition.
res judicata Res Judicata: Latin – A thing decided. The final outcome in a case.
ultra vires Ultra Vires: An act performed without any authority to act on the subject. Acts beyond the scope of the powers of a corporation, as defined by its charter or laws of state of incorporation.
writ of mandamus Writ of Mandamus: Latin – We command. A writ that issues from a court of superior jurisdiction, directed to a private or municiapl corporation or any of its officers or to an executive, administrative, or judicial officer or to an inferior court, command
warrant Warrant: A written order of the court that is made on behalf of the state, or U.S., and is based upon a complaint issued pursuant to statute and/or court rule and commands a law enforcement officer to arrest a person and bring him before a magistrate.
trial court Trial Court: A court of original jurisdiction; the initial court to consider litigation.
plessy v ferguson 1896 (LA)The Supreme Court affirmed, upholding the separate but equal doctrine. Separate but equal accommodations for the races on a train car did not violate the 13th or 14th Amendments. The dissent of Harlan became the majority opinion in Brown I. “Ou
gong lum v rice Separation of the races in education was expanded to include not only black and white, but also yellow, brown, and red. In Gong Lum v. Rice the Supreme Court held that states could separate a Mongolian child from the Caucasian schools and compel her to at
Case An action, cause, suit, or controversy; a question contested before a court of justice
Certiorari Writ issued by a superior to an inferior court requiring the latter to produce a certified record of a particular case tried therein. The Supreme Court of the U.S. uses the writ of certiorari as a discretionary device to choose the cases it wishes to he
Citation The system used to identify the law report in which a court case is published. The citation includes the title, volume, and page number of the law report and the year of the decision.
Common Law A body of law derived from usages and customs of anitiquity or from court judgments affirming and enforcing such usages and customs, as distinguished from legislative enactments.
Complaint The original or initial pleading by which an action is commenced under codes or Rules of Civil Procedure.
Concurring Opinion A judge’s decision that agrees with the result reached by the majority, but disagrees with the precise reasoning leading to that result.
Decide To arrive at a determination. To “decide” includes the power and right to deliberate, to weigh the reasons for and against, to see which preponderate, and to be governed by that preponderance.
Declaratory Judgment Statutory remedy for the determination of a justiciable controversy in which the plaintiff is in doubt as to his legal rights.
De Facto In fact; actually; a reality.
Defendant The person against whom the case is brought. Essentially, the person who must make a response to the complaint that the plaintiff has initiated and put on the record.
Brown v. Board of Education Topeka (Brown I)Brown I included Briggs v. Elliot of Clarendon County (SC) Separate-but-equal facilities are inherently unequal. This case opened the door to confronting the racial discrimination that permeated American Society. It was a combination of 5 cases from KS, SC, VA, DE, DC. It dealt with elem. and sec. education and h
Brown II Brown II ruled that desegregation must occur “with all deliberate speed.” This standard was unenforceable because it was ambiguous. Defendants to plaintiff cases simply refused to implement adequate remedies with deliberate speed.
Created by: jmjwillis