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government 2302 notes - Legal Terms Actus Reus The wrongful...

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Legal Terms Actus Reus The wrongful deed that comprises the physical components of a crime and that generally must be coupled with mens rea to establish criminal liability. A forbidden act (the actus reus for theft is the taking of or unlawful control over property without the owner’s consent. Additur A trial court’s order, issued with the defendant’s consent, that increases the damages awarded by the jury to avoid a new trial on grounds of inadequate damages. Amicus Curiae Latin translation is “friend of the court”. A person who is not a party to a lawsuit but who petitions the court or is requested by the court to file a brief in the action because that person has a strong interest in the subject matter. Appellant A party who appeals a lower court’s decision, seeking reversal of that decision. Appellate Jurisdiction The power of a court to review and revise a lower court’s decision. Appellee A party against whom an appeal is taken and whose role is to respond to that appeal. This individual seeks affirmance of the lower court’s decision. Certiorari An extraordinary writ issued by an appellate court, at its discretion, directing a lower court to deliver the record in the case for review. The Supreme Court uses certiorari to review most of the cases that it decides to hear. Also termed a writ of certiorari . 1
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Chattel Movable or transferable property. A chattel can be a tangible good or an intangible right (such as a patent). Concurrence A vote cast by a judge in favor of the judgment reached, often on grounds differing from those expressed in the opinion or opinions explaining the judgment. A separate written opinion explaining such a vote. -- Also termed a concurring opinion. Dissenting Opinion An opinion by one or more judges who disagree with the decision reached by the majority--often shortened to dissent.
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