Project LEGAL Glossary

actions: The behavior of a person or organization. The Project develops the relationships among actions, values and laws.
amendment: An addition to the original U.S. Constitution.
appeal: To try to have a court decision reviewed by a higher court. One side argues that a mistake has been made and seeks to have a higher court change the decision.
arguments: Statements which organize the strengths of a particular side in a case or values conflict.
attorney: A lawyer; someone who is trained in the law to represent a person, an organization or the government.
bail: Money that an arrested person pays to be let out of jail until his trial. If he appears at his trial, he is repaid the money.
brief: Written arguments prepared by an attorney that are presented to a court.
Bill of Rights: The first ten Amendments to the U.S. Constitution. These contain our freedoms regarding the national government.
certiorari: A written order from an appellate court for the lower court to send the appeals court the records of a case.
Civil law: The branch of law concerned with conflicts betwen individuals.
Commerce power: Congress has the power to regulate commerce among states which has come to mean interstate commerce.
concurring opinion: Agrees with the majority opinion, but gives different or added reasons for arriving at that opinion.
Constitutional rights: Those personal freedoms which are contained in the U.S. Constitution, including its Amendments.
Criminal law: The branch of law concerned with actions taken by the government against a person accused of committing a crime.
decision: In Supreme Court cases, the decision is the majority opinion of the nine justices, obtained by voting on the case.
defendent: In a criminal case, the person accused of a crime; in a civil case, the person the action is brought against.
dissenting opinion: The decision that disagrees with the majority opinion. Sometimes these will later become the majority opinion.
due process: In a criminal proceeding (or a school discipline situation), all of the proper steps which are guaranteed a person under law.
establishment clause: The part of the First Amendment that denies Congress the right to make laws respecting any religion.
equal protection: The right of a person to be treated equally to anyone else in a similar legal situation.
facts: The relevant actions, values and laws of both sides of a court case or values conflict situation.
federal court: Refers to the organization of trial and appeal courts of our national government. It conducts trials for violations of federal laws. Also, it reviews appeals of both federal and state court decisions
fighting words: Words which have a direct tendency to cause acts of violence by the person to whom, individually, the remarks are addressed may be punished by government under carefully drawn statutes not susceptible of application to protected speech. Content based discrimination among fighting words is subject to strict scrutiny.
inadmissible: Not allowed (as evidence).
injunction: A legal process issued by a court requiring a person to refrain from doing, or continuing to do, a certain act.
issue question: Every court case or values conflict has an issue question. It asks whether the actions, values and legal bases of one side violate the actions, values and legal bases of the other side.
judge: The official who presides over a trial.
judicial review: A Review of proceedings that have taken place in a court.
jurisdiction: The geographical area in which a court or an official has a right to operate.
laws: The formal rules which are legally established by a society (in U.S., laws are passed by legislatures).
legal basis: In a court case, each side's actions are supported by specific laws or consitutional rights.
libel: Any falsely witten statement tending to ruin a reputation.
majority opinion: The decision agreed upon by more than half of the members of the court who reviewed the case.
national security: Used in Project LEGAL to describe a value held by the government. It is a concern about protecting our society from actions which could threaten our government. Sometimes it results in government actions which may conflict with individual values.
overrule: When a higher court disagrees with a lower court's decision and changes that decision; also to reverse.
plaintiff: The side which begins a civil case.
precedent: A previous court decision that will influence future similar cases.
prosecuting attorney: The attorney who represents the government's side in a criminal case (usually called a district attorney).
reasoning: In a court opinion (either majority or minority), one of the justices writes up the major legal factors which support the decision.
remand: To send back (usually to a lower court).
reserve powers: The areas of authority which are left for the states to control. These powers were granted by the 10th Amendment.
reverse: (see overrule)
secular: Not specifically religious, ecclesiastical or clerical; relating to the worldly or temporal.
sedition: Inciting resistance to established authority.
social order: Used in Project LEGAL to refer to a value that is the basis of many of our laws. Sometimes a government's attempts to maintain social order will conflict with individual values.
speech: An important freedom contained in the 1st Amendment. Courts have ruled it does not only mean talking, but also "symbolic" speech--buttons, signs, protests, demonstrations, etc...
state court systems: Refers to the organization of trail and appeal courts which each state establishes. Crimes are mostly violations of state laws and are tried in state courts. Eventually, appeals may be made to the federal court system.
statute: A law enacted by the legislative branch of government.
sue: To bring a civil lawsuit.
trial: The legal proceeding which makes a judgment regarding the facts and issues of a case.
unconstitutional: A law (or any government action) which is contrary to what is allowed by the U.S. Constitution; therefore, the law or action may no longer apply.
U.S. Supreme Court: The nation's highest court, consisting of nine justices, which mainly reviews cases on appeal.
values: Things (beliefs, objects, ideas, etc...) which a person considers important and affects his or her actions; values also affect a society's laws.
values conflict: When the actions and values of one person (or organization, government) are directly opposed to the actions and values of another; legal values conflicts mean that each side's actions and values are supported by laws or constitutional rights.
voir dire: An examination of prospective jurors or witnesses under oath to answer honestly questions about thier qualifications, competence, interests in the case, or knowledge about the case.
writ of habeas corpus: A document obtained by a lawyer demanding a defendant be formally charged or released from arrest.