The Law Dictionary for Everyone
Following is the case brief for Nix v. Williams, 467 U.S. 431 (1984) Case Summary of Nix v. Williams: Williams was convicted of murder. The U.S. Supreme Court reversed the conviction (in Brewer v. Williams) because police elicited from him the location of the victim’s body in violation of his Sixth Amendment rights. Williams was tried and convicted a second time. The […]
Read moreFollowing is the case brief for Cohens v. Virginia, 19 U.S. 264 (1821). Case Summary of Cohens v. Virginia: The Cohens sold tickets for a D.C. lottery in Virginia. Virginia had a law prohibiting the sale of out-of-state lottery tickets. The Cohens were convicted and fined $100 for the violation. They appealed to the U.S. Supreme Court. The State of Virginia moved […]
Read moreAn appellant is someone who applies to a higher court to ask that court to review a decision that is made by a lower court. An appellant must show that he has sufficient grounds for an appeal, which are usually defined by the statute, in order to challenge a judgment. A plaintiff or a defendant in a lower court action […]
Read moreFollowing is the case brief for Roper v. Simmons, 543 U.S. 551 (2005). Case Summary of Roper v. Simmons: Simmons, age 17, planned and committed a capital murder. He was sentenced to death. His direct appeal and petitions for relief were rejected. When the Supreme Court decided Atkins v. Virginia in 2002 (barring executions for the mentally disabled), Simmons filed a new […]
Read moreThe Latin term de novo is used in the U.S. legal system to refer to something that is started over from the beginning, or from the new. For instance, an appellate court might review all of the facts of a trial, and order the court to hear the case again – without referring to any of the prior assumptions or […]
Read moreThe legal term amicus curiae is a Latin phrase that literally means “friend of the court.” The term is used to refer to a legal brief, called an amicus brief that may be filed with an appellate court, including a supreme court, by a party not involved with a current case, but in support of one side or another on […]
Read moreThe legal term writ of mandamus refers to an order by a court to a lesser government official to perform an act required by law, which he has refused or neglected to do. This type of court order is a remedy that may be sought if a governmental agency, public authority, or corporation in service of the government, fails or […]
Read moreIn the legal system, a brief is a written document advising the court of the legal reasons for the lawsuit or other legal action. The legal grounds for the action must be spelled out according to the party’s reasoning, the facts of the case, and the laws and regulations that apply. In essence, a legal brief makes an argument as […]
Read moreThe legal term en banc refers to the hearing of a case by the entire bench, or all of the judges of a court, rather than a panel of a selected few judges. En banc sessions are usually reserved for cases of great importance, or to review a contested decision of a panel of judges on a matter of particular […]
Read moreIn the modern legal system, the term precedent refers to a rule, or principle of law, that has been established by a previous ruling by a court of higher authority, such as an appeals court, or a supreme court. Courts in the U.S. legal system place a high value on making judgments based on consistent rules in similar cases. In […]
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