Legal environment of the new millennium- Vocab and cases

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Aristotle " the law is a pledge that citizens of a state will do justice to one another."

Black's law dictionary "that which must be obeyed and followed by citizens, subject to sanctions or legal consequences."

Status and process is a concept that makes judicial decisions easier to understand. If one is able to ascertain who enjoys favored status with the law it is often possible to predict the outcome of a case without even knowing the law.

The caption of a case identifies the parties to the lawsuit.

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The citation tells a person how to locate the case.

The appellant appeals the lower court's decision. The party against whom the appeal is filed is the "appellee."

When a decision is affirmed, the appellate court determines that the lower court reached the correct decision.

A case may also be remanded to the trial court. This occurs when the appellate court finds that the trial judge committed an error in deciding the case or additional evidence must be obtained.

Precedent is the process whereby judges apply the decisions and rules of prior cases to the case over which they are currently presiding. The correct legal term for this concept is stare decisis.

Common Law English Law

Compurgation one of the three English pre-jury methods of trial that was necessary when a person's oath was questioned; compurgation required the accused person to bring forward 11 supporters, called compurgators, making 1 people in all who would be willing to take an oath on behalf of the accused.

Concurring Opinion an opinion written by a judge who agrees with the outcome of the case but wants to note a difference in logic for reaching the decision.

Defendant party who is being sued.

Dissenting Opinion a judge writes a dissent when he or she disagrees with the result reached by the majority; the dissent has no value as precedent.

Judge the person who presides over the trial and decides the questions of law.

Majority Opinion a decision reached by more than half of the judges of an appellate court panel; a decision rendered by the majority of the court which is the law.

Plaintiff the party who initiates the case.

Statutory Law state law.

Trial by Ordeal an old fashioned method of determining justice where the accused was subject to some sort of physical test, the results of which were supposed to indicate guilt or innocence; e.g. trial by hot water, trial by cold water, trial by fire.

Wager of Law one of the three English pre-jury methods of trial that simply required the accused person to take an oath, swearing to a fact.

According to the American Bar Association Journal, the following states allow the court to order divorced parents to support their children after the children reach majority Alabama, Colorado, Connecticut, Hawaii, Illinois, Indiana, Iowa, Massachusetts, Michigan, Missouri, Nevada, New Hampshire, Oregon, South Carolina, Tennessee, Utah, Washington, West Virginia, Wyoming

Cases

Allen Iverson V. Commonwealth of Virginia 15 WL 6706 (Va. App. Cr.)- Prosecution could not prove beyond a reasonable doubt that Iverson acted as part of a mob. Therefore, the conviction is reversed.

Code 18. -4 provides that "any and every person composing a mob which shall maliciously or unlawfully shoot, stab, cut or wound any person, or by any means cause him bodily injury with intent to maim, disable, disfigure or kill him, shall be guilty of a felony."

Legal environment of the new millennium- Sam Hodge

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