Legal Definitions
Affidavit
A sworn statement, signed and affirmed to by a declarant before a notary public or other officer authorized to administer oaths. It is not subject to cross examination.
Appellate Court
A court of appeals which hears appeals from lower court decisions. The term is often used in legal briefs to describe a court of appeals.
en banc
Refers to a case heard by all the judges of a court. Cases in United States Courts of Appeals are normally heard by a three-judge panel.
Habeas Corpus
Habeas corpus is a protection against illegal confinement. A writ of habeas corpus directs law enforcement officials holding a prisoner to appear in court with the prisoner to determine the legality of the prisoner's confinement.
Search Warrant
A written order by a judge which permits a law enforcement officer to search a specific place and identifies the persons (if known) and any articles intended to be seized.
Writ of Certiorari
The mechanism by which the Supreme Court agrees to hear a case. Specifically, a certiorari is an order by a higher court to a lower court to send documents pertaining to a given decision by the lower court so that they may be reviewed by the higher court.
Majority Opinion
An opinion of a judge of a court of appeals, including the U.S. Supreme Court, which provides the legal basis or reasoning for the determination of a case.
Concurring Opinion
An opinion of a judge of a court of appeals, including the U.S. Supreme Court, that provides a different means or reason of arriving at the same determination as the majority opinion in a given case.
Dissenting Opinion
An opinion of a judge of a court of appeals, including the U.S. Supreme Court, which disagrees with a majority opinion in the determination of a case.