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Comm 101 Vocab
vocabulary for communications 101
27
Other
Undergraduate 2
10/24/2007

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Term
civil law
Definition
codes (based on Roman law)
Term
common law
Definition
cases (evolved fro practices in early English courts)
Term
affirmed
Definition
a decision that is affirmed is upheld by the court
Term
amicus curiae
Definition
literally, a 'friend of the court'; a person or entity who is not a party to a case but who is permitted to file a brief supporting one of the party's positions
Term
brief
Definition
a party's written submission to the court
Term
concurring
Definition
a concurring opinion agrees with the outcome but applies different reasoning to reach that outcome
Term
defendant
Definition
in a civil case, the party being sued; in a criminal case, the accused
Term
dissenting
Definition
a dissenting opinion disagrees with the outcome and provides a competing analysis
Term
enjoin
Definition
to prohibit from taking place; a court enjoins an act by issuing a special type of order known as an injunction
Term
holding
Definition
the court's statement of the rule of law applicable to the case
Term
judgement
Definition
the order of the court
Term
jurisdiction
Definition
the power of a court to hear the case
Term
oral argument
Definition
formal argument by the attorneys for the parties to the court
Term

overruled

Definition
a decision is overruled when an appellate court decides that the rule of law stated in that decision should be abandoned in favor of a different rule
Term
party
Definition
a person or entity prosecuting or defending the case
Term
per curiam decision
Definition
literally, a decision 'by the court'; a decision that is not individually authored by a particular judge, and that usually omits extended analysis
Term
petition for certiorari
Definition
a request to the United States Supreme Court to hear a case
Term
petitioner
Definition
the party filing a petition for certiorari
Term
precedent
Definition
the doctrine that requires a rule of law stated in a prior appellate case to be applied in subsequent cases involving the same issue
Term
prior restraint
Definition
a rule of act of the government enjoining speech
Term
plantiff
Definition
the party brings a civil case (i.e. the party who is suing)
Term
record
Definition
the 'record' of a case consists of all briefs, exhibits and transcripts filed in the court
Term
remanded
Definition
a case that is remanded is returned to the lower court for further handling (usually, for the entry of an order implementing the appellate court's decision)
Term
respondent
Definition
the party responding to a petition in certiorari
Term
reversed
Definition
a decision that is reveresed is overturned
Term
stay
Definition
an order preventing further proceedings in a trial court during an appeal
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