MEJO 341 EXAM 1 STUDY GUIDE
rule of law - Answers - the framework of a society in which pre-established norms and
procedures provide for consistent, neutral decision making.
vague laws - Answers - laws that either fail to define their terms or use such general
language that neither citizens nor judges know with certainty what the laws permit or
punish.
discretion - Answers - the authority to determine the proper outcome.
overboard law - Answers - violates the principle of precision and specificity in legislation.
stare decisis - Answers - literally, "stand by the previous decision."
precedent - Answers - case judgement that establishes binding authority and guiding
principles for cases to follow on closely analogous questions of law within the court's
jurisdiction.
jurisdiction - Answers - the geographic or topical area of responsibility and authority of a
court.
forum shopping - Answers - a practice whereby the plaintiff chooses a court in which to
sue because he or she believes the court will rule in the plaintiff's favor.
de novo - Answers - literally, "new" or "over again." On appeal, the court may review the
facts this way rather than simply reviewing the legal posture of the case.
due process - Answers - fair legal proceedings. This is guaranteed by the Fifth and
Fourteenth Amendments to the Constitution.
amicus brief - Answers - a submission to the court from "friends of the court", interested
individuals or organizations that are parties in the case.
en banc - Answers - literally, "on the bench" but now meaning "in full court." The judges
of a circuit court of appeals will sit in this to decide important or controversial cases.
affirm - Answers - to ratify, uphold or approve a lower court ruling.
overrule - Answers - to reverse the ruling of a lower court.
concurring opinion - Answers - a separate opinion of a minority of the court or a single
judge or justice agreeing with the majority opinion but applying different reasoning or
legal principles.
rule of law - Answers - the framework of a society in which pre-established norms and
procedures provide for consistent, neutral decision making.
vague laws - Answers - laws that either fail to define their terms or use such general
language that neither citizens nor judges know with certainty what the laws permit or
punish.
discretion - Answers - the authority to determine the proper outcome.
overboard law - Answers - violates the principle of precision and specificity in legislation.
stare decisis - Answers - literally, "stand by the previous decision."
precedent - Answers - case judgement that establishes binding authority and guiding
principles for cases to follow on closely analogous questions of law within the court's
jurisdiction.
jurisdiction - Answers - the geographic or topical area of responsibility and authority of a
court.
forum shopping - Answers - a practice whereby the plaintiff chooses a court in which to
sue because he or she believes the court will rule in the plaintiff's favor.
de novo - Answers - literally, "new" or "over again." On appeal, the court may review the
facts this way rather than simply reviewing the legal posture of the case.
due process - Answers - fair legal proceedings. This is guaranteed by the Fifth and
Fourteenth Amendments to the Constitution.
amicus brief - Answers - a submission to the court from "friends of the court", interested
individuals or organizations that are parties in the case.
en banc - Answers - literally, "on the bench" but now meaning "in full court." The judges
of a circuit court of appeals will sit in this to decide important or controversial cases.
affirm - Answers - to ratify, uphold or approve a lower court ruling.
overrule - Answers - to reverse the ruling of a lower court.
concurring opinion - Answers - a separate opinion of a minority of the court or a single
judge or justice agreeing with the majority opinion but applying different reasoning or
legal principles.
