The Law Dictionary for Everyone
The term “remand” means to place a person in custody or on bail while awaiting a trial. For example, a remand is necessary if the court believes the defendant may be a flight risk, or likely to leave the state while awaiting his trial. Remand can also mean to return a court case to a lower court from a higher […]
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 moreAn appeal is a request to a higher court to review a decision made by a lower court. The higher court can review the entire case, certain aspects of the case, or the sentence imposed by the lower court. The appellant, who may be the plaintiff or the defendant in the lower court case, must show the higher court that […]
Read moreDouble jeopardy protects people from being tried for the same crime twice in a court of law. The clause is found in the Fifth Amendment of the United States Constitution, where it was included to prevent the government from erroneously or maliciously convicting innocent people, and to protect people from the consequences of successive prosecutions. It also helps to preserve […]
Read moreA Writ of Certiorari orders a lower court to forward all documents in a case it has heard to the higher court for review. While this is most commonly used by the U.S. Supreme Court, other courts, such as the U.S. Court of Appeals, state supreme courts, and state courts of appeal, may issue such a writ. The U.S. Supreme […]
Read moreIn most legal jurisdictions, an “appellee” is a legal party who has won at trial, but against whom the loser (the “appellant”) of the trial has filed an appeal with a higher court. Once an appeal has been filed, the appellee must file a response to the appellant’s legal brief. In some jurisdictions, the appellee is referred to as the […]
Read moreIn the United States, the courts have the ability to scrutinize statutes, administrative regulations, and judicial decisions to determine whether they violate provisions of existing laws, or whether they violate the individual State or United States Constitution. A court having judicial review power, such as the United States Supreme Court, may choose to quash or invalidate statutes, laws, and decisions […]
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