Modern civil law that comprises the body of those principles and rules of action, relating to the government and security of persons and property, which derive their authority solely from usages and customs of immemorial antiquity.
What is Common Law
100
To overthrow, vacate, set aside, make void, annul, repeal, or revoke, as to reverse a judgment, sentence, or decree, or to change to the contrary a former condition.
What is Reverse
100
A term used in legal writing to indicate that the matter designated will appear beneath or in the pages following the reference.
What is Infra
100
To supersede; annul; make void; reject by subsequent action or decision
What is Overrule
100
A method of defamation expressed by print, writing, pictures, or signs. In its most general sense, any publication that is injurious to the reputation of another. A false and unprivileged publication in writing of defamatory nature.
What is Libel
200
A matter that has been adjudicated by a competent court and may not be pursued further by the same parties.
What is a Res Judicata
200
The same; used to indicate a reference previously made. In a decision it refers to the last case cited.
What is Idem (abbr. id.)
200
A private or civil wrong or injury for which the court will provide a remedy in the form of an action for damages.
What is Tort
200
Above. Refers to a case cited previously in the decision or brief.
What is Supra
200
In the same place; in the same book; on the same page. Refers to a case cited on the same page in a decision or brief.
What is Ibidem (abbr. Ib. or Ibid.)
300
The policy of courts to abide by or adhere to principles established by decisions in earlier cases.
What is Stare Decisis
300
By itself; in itself; taken alone; by means of itself; through itself; inherently, in isolation; unconnected with other matters; simply as such; in its own nature without reference to its relation.
What is Per se
300
Judicial philosophy which motivates judges to depart from strict adherence to judicial precedent in favor of progressive (or retrogressive) and new (or old) social policies which are not always consistent with the restraint expected of appellate judges
What is Judicial Activism
300
When the words are of such a character that an action may be brought upon them without the necessity of showing any special damage, the imputation being such that the law will presume that any one so slandered must have suffered damage.
What is Libelous per se
300
Discrimination based upon compliance with the law. If a statute says that only white persons are able to be called for jury duty, such that Latinos and African Americans are not called for jury duty...
What is De jure discrimination ?
400
At first sight; on the first appearance; so far as can be judged from the first disclosure; presumably, a fact presumed to be true unless disproved by some evidence to the contrary.
What is Prima facie
400
A case in which the evidence presented is sufficient for a judgment to be made unless the evidence is contested.
What is Prima Facie Case
400
Discrimination that exists in fact, in deed, or actually. If the law regarding the drawing jurors is racially neutral, but the manner in which jurors are in fact, drawn results in the exclusion of Latinos or African Americans from jury duty, that constitutes ...
What is De facto discrimination
400
Refers to a jury called together to receive complaints and accusations in criminal cases. Hears evidence on the part of the state, and determines whether an indictment should issue.
What is Grand Jury
400
Refers to the ordinary jury for the trial of a civil or criminal action, usually composed of 12 persons.
What is Petit Jury
500
Statements of law that are not necessary to the decision or an issue that is not really before the court. is not “controlling law” but it can be used as persuasive authority because it may give guidance to what the courts should do.
What is Dicta
500
After the indictment or information has been filed, D is “ ”; that is, he is brought before the trial court and asked to plead guilty or innocent.
What is Arraignment
500
In civil cases, the person filing the lawsuit. In criminal cases, the “People” or “Prosecution” file the charges.
&
In civil cases, the person who is given court papers. In criminal cases, the person who is arrested and charged with a crime.
What is Plaintiff/Petitioner
What is Defendant/Respondent
500
The party appealing a decision or judgment to a higher court.
&
The party against whom an appeal is taken
What is Appellant
What is Appellee
500
if the case is a felony case, a “ ” is held. This is in front of a magistrate, and usually involves live witnesses so the magistrate can determine whether there is probable cause to believe that D committed the crime charged.