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Chapter 6
Criminal Courts Systems
17
Criminal Justice
Undergraduate 1
12/02/2012

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Term
JUDGE
Definition
AN ELECTED OR APPOINTED OFFICER OF THE COURT WHO PRESIDES OVER A COURT OF LAW. THE FINAL AND NEUTRAL ARBITER OF LAW WHO IS RESPONSIBLE FOR ALL ACTIVITIES WITHIN THE COURT SYSTEM.
Term
MOOT
Definition
THE TERM USED TO DESCRIBE A CONTROVERSY THAT HAS ENDED OR EVOLVED TO THE STAGE AT WHICH A COURT DECISION IS NO LONGER RELEVANT OR NECESSARY.
Term
STARE DECISIS
Definition
LITERALLY, "LET THE DECISION STAND." THE DOCTRINE THAT COURTS WILL ABIDE BY OR ADHERE TO THE RULINGS OF PREVIOUS COURT DECISIONS WHEN DECIDING CASES HAVING SUBSTANTIALLY THE SAME FACTS.
Term
DICTA
Definition
THE WRITTEN PORTIONS OF A JUDGE'S OPINION THAT ARE NOT PART OF THE ACTUAL RULING OF THE COURT AND ARE NOT LEGALLY BINDING PRECEDENTS FOR FUTURE COURT DECISIONS.
Term
APPEAL
Definition
THE STAGE IN A JUDICIAL PROCEEDING IN WHICH A HIGHER COURT IS ASKED TO REVIEW A DECISION OF A LOWER COURT.
Term
APPELLANT
Definition
THE LOSING PARTY IN A LOWER COURT, WHO SEEKS A REVIEW OF THE DECISION BY A HIGHER APPELLATE COURT.
Term
APPELLEE
Definition
THE WINNING PARTY IN A LOWER COURT, WHO ARGUES ON APPEAL AGAINST REVERSING THE LOWER COURT'S DECISON.
Term
JUDICIAL REVIEW
Definition
THE AUTHORITY OF AN APPELLATE COURT TO CHECK THE DECISIONS OF LOWER COURTS AS WELL AS THOSE WITHIN THE EXECUTIVE AND LEGISLATIVE BRANCHES OF GOVERNMENT WITHIN ITS JURISDICTION TO DETERMINE WHETHER ANY OF THOSE ACTS ARE IN VIOLATION OF STATUTES OR CONSTITUTIONS.
Term
DE NOVO
Definition
LITERALLY, ANEW OR FRESH. A TRIAL THAT IS TRIED AGAIN, AS IF NO DECISION HAD BEEN PREVIOUSLY RENDERED.
Term
WRIT OF CERTIORARI
Definition
USED BY THE COURTS THAT HAVE DISCRETION TO DETERMINE WHICH CASES THEY WILL HEAR.
Term
CERTIORARI
Definition
"TO BE INFORMED OF"
Term
WRIT
Definition
AN ORDER FROM A COURT GIVING AUTHORITY FOR AN ACT TO BE DONE OR ORDERING THAT IT BE DONE.
Term
CONCURRING OPINION
Definition
A JUDGE'S WRITTEN OPINION AGREEING WITH THE RESULT IN A CASE BUT PRESENTING OTHER REASONS FOR THE DECISION OR EMPHASIZING SOME OF THE REASONS STATED BY THE MAJORITY OPINION.
Term
EXPERT WITNESS
Definition
A PERSON WITH EXTENSIVE TRAINING OR EDUCATION IN A PARTICULAR FIELD, SUCH AS MEDICINE, WHO TESTIFIES CONCERNING A CRITICAL ISSUE OF THE CASE, SUCH AS WHAT CAUSED THE DEATH OF THE DECEASED.
Term
ACQUITTAL
Definition
LEGAL VERIFICATION OF THE INNOCENCE OF A PERSON IN A CRIMINAL TRIAL.
Term
RESCUSAL
Definition
THE REMOVAL OF ONESELF FROM A PROCEEDING.SUCH AS DONE BY A JUDGE WHO HAS A CONFLICT OF INTEREST IN A CASE.
Term
CONTINUANCE
Definition
THE ADJOURNMENT OF A TRIAL OR ANOTHER LEGAL PROCEEDING UNTIL A LATER DATE.
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