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Scroll down through the Glossary of Legal Terms below.
OR
Download an additional Glossary of Education-Related Terms
Education terms and definitions are courtesy of and used by permission
of the Association for Supervision and Curriculum Development (ASCD)
www.ascd.org
a lawsuit; a court or administrative hearing to enforce or protect one's rights
a judicial decision or sentence
to agree with and uphold the decision or judgment of a lower court after an appeal
a change made by correction, addition, or deletion
a Latin term meaning "Friend of the Court"; a person who is interested in the outcome of a case but who is not a party, whom the court permits to file a brief for the purpose of providing the court with a position it might not otherwise have; for example, in Brown, the Attorneys General of the states involved were not parties to the case but had an interest in its outcome and were asked to submit briefs (plural ‚ amici
curiae)
the process by which a higher court is requested by a party to a lawsuit to review the decision of a lower court
a party who requests a higher court to review the decision of a lower court
a party against whom a case is appealed from a lower court to a higher court
a statement of fact for or against a point
decision on a point of law, made by a court or administrative agency, which must be taken into account in new cases with similar facts and the same legal problem even though different parties are involved and years may have elapsed
a written statement submitted to a court to persuade it of the correctness of one's position; a brief argues the facts of the case and the applicable law, supported by citations of authority
an action brought by one or several persons on behalf of a class of persons
the set of fundamental laws used to govern the U.S.
to go against; to violate
a judgment formally pronounced by the court
the final order of a court of equity, as opposed to a judgment, which is the final order of a court of law
the failure to perform a duty or obligation; failure to appear in court;
the person against whom an action is brought (also referred to as accused, respondent, and responding litigant)
a Latin term meaning according to the law
the point of view expressed by a judge who disagrees with the position taken by the majority of judges in a case
a list of cases to be heard for trial in a court of law
a rule of law or a legal principle (Example ‚ the Miranda Rule is a doctrine
that states you must be read your rights when you are arrested)
law administered through the courts of justice that states the law is to be equally applied to everyone and that the basic fundamentals of fairness are not violated
the distribution of power in a government between a central authority and constituent units
a change to the Constitution that requires the federal government to provide due process of law and to ensure equal protection of the laws to any person within their jurisdiction
a change to the Constitution that requires the states to provide due process of law and to ensure equal protection of the laws to any person within their jurisdiction
fairness and equity; the honest and reasonable belief that one's conduct is proper; the absence of improper motive or of a negligent disregard of the rights of others;
in a civil action it is the final decision by a court of the rights of the parties; in a criminal prosecution it is the determination of guilt (i.e., a conviction)
refers to a judge's action in finding a fact to be true without requiring either
party to prove it to be true; judicial notice substitutes for proof (Example ‚ the
fact that George Bush is our president)
the right of a court to decide lawsuits of a certain kind (Example - a juvenile
court hears cases with juvenile offenders; federal courts hear federal questions);
more specifically, the right of a court to determine a particular case; in other
words, the power of the court over the subject matter of, or the property involved
in, the case (Example ‚ the parties live in Pennington County so Pennington County
hears the case)
a legal action; a lawsuit; also the area of law concerning trial work
an application made to a court for the purpose of obtaining an order or rule directing something to be done in favor of the applicant
a written statement by a court that accompanies its decision
a determination made by a court or administrative agency
a Latin term meaning "by the court"; an opinion (usually of an appellate court),
in which the judges are all of one view and the legal question is sufficiently
clear that a full written opinion is not required and a one- or two-paragraph
opinion suffices
a Latin term; by itself; in and of itself
a written request to a higher court to review the record of a case from a lower court in order to correct any actions taken in the case which are not in accordance with the law
a person who brings a lawsuit (also referred to as complainant, petitioner, litigant)
a rule having the force of law, enacted by an administrative agency or governing party
a person's object in bringing a lawsuit; the function or purpose of a remedy
the return of a case by an appellate court to the trial court for further proceedings, for a new trial, or for entry of judgment in accordance with an order of the appellate court
the way in which a right is enforced and relief is obtained
the act of separating and isolating one group from another. In Brown segregation occurred in the public school system and whites and African Americans were not allowed to attend the same schools.
a law enacted by a legislature; an act
above mentioned; used in legal writing when the author refers to an authority cited at an earlier point in the work
a short summary of the legal basis for the court's decision about a case; usually recorded at the beginning of the report
a written order issued by a court directing the person to whom it is addressed to do a specific act
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