A | B |
Writ of certiorari | (Certiorari Latin “to be fully informed”) A written order that a higher court gives a lower court to request records for a particular case. Judges at the higher court will review the records to determine if the case should be heard again. |
Plaintiff/Petitioner/Appellant | Refers to the person who has brought the case before the court (keep in mind that roles may switch as the case makes it through the various court levels) |
Defendant/Respondent/Appellee | Refers to the person who responds to charges (keep in mind that roles may switch as the case makes it through the various court levels) |
Standing | The ability of a party to file suit based on their personal stake in the outcome. A plaintiff/petitioner/appellant must have proof that a law or prior ruling does or will affect them negatively and substantially. |
Appellate brief | A written legal argument presented to an appellate court to convince the court to affirm or reverse a lower court’s decision. |
Opinion of the Court | The majority opinion and decision of a case. A written majority opinion gives the verdict and explains reasoning behind it. |
Concurring Opinion | An opinion that agrees with the majority opinion but states different reasons for agreement. |
Dissenting Opinion | The opinion that goes against the majority. While this opinion may not have bearing on the results for the particular case, dissenting opinions from earlier cases have been used in the arguments of future cases. |
Affirmed | Appellate court agrees with the lower court’s decision. The original ruling will stand. |
Remand | Appellate court sends the case back to a lower court for further review. |
Reverse | Appellate court reverses decision from the lower court and offers an alternate ruling. This changes a previous verdict. |
Precedent | A legal principle that was created by the decision of an earlier case and provides an example for judges deciding similar cases later. Rulings and principles from earlier cases can be used to support arguments in future cases. |
Stare decisis | The principle that says courts will follow the laws applied in similar, prior cases. This is called following a precedent. |