Chapter 17

APPELLATE COURTS

1) Affirmed - appellate court agrees with decision of court below

 2) Appellant - party filing appeal (losing party in lower court)

 3) Appellee - winning party in lower court (opposes appeal)

 4) Brief - written argument in support of an appeal

 5) Burger Court (1969-1986) - Supreme Court under Chief Justice Warren Burger

 6) Collateral attack - habeas corpus or other challenge to conviction after appeals process is completed

 7) Discretionary appellate jurisdiction - Appellate court may accept of reject appeals

 8) Dissenting opinion - opinion of judge who disagrees with majority opinion

 9) Double jeopardy - ban on retrial of person acquitted or convicted of same offense

 10) En banc - appeal heard by all appellate judges on court (not just a panel)

 11) Error correction - one function of appellate courts, to correct mistakes by courts below

 12) Habeas corpus - method of obtaining post-conviction review of conviction

 13) Harmless error - error that does not require reversal of conviction

 14) Interlocutory - non-final order (not all can be appealed)

 15) Mandatory appellate jurisdiction - appellate court is required to hear appeal

 16) New judicial federalism - state constitutions used to expand individual rights

 17) Notice of appeal - first step in the appeal process

 18) Opinion - court’s written explanation of its decision

 19) Oral argument - lawyers for each party make oral presentation to appellate court

 20) Panel decision - appellate court decision by 3 judges (instead of entire court)

 21) Policy formulation - function of appellate courts to shape law to perceived changes

 22) Rehnquist Court (1986-2005) - Supreme Court under Chief Justice William Rehnquist

 23) Remanded - case sent back to lower court for further action

 24) Reversed - decision of lower court overturned

 25) Reversible error - error by lower court that requires conviction be overturned

 26) Warren Court (1953_1969) - Supreme Court under Chief Justice Earl Warren