Glossary

Legal terms and others.
1. Legal Balkanization – to divide into small, often hostile units

2. Cybersquatting - the registration of a commercially valuable Internet domain name, as a trademark, with the intention of selling it or profiting from its use.

3. En Banc - "by the full court" "in the bench" or "full bench." When all the members of an appellate court hear an argument, they are sitting en banc. Refers to court sessions with the entire membership of a court participating rather than the usual quorum. U.S. courts of appeals usually sit in panels of three judges, but may expand to a larger number in certain cases. They are then said to be sitting en banc.

4. Per Curiam - A phrase used to distinguish an opinion of the whole court from an opinion written by any one judge.

5. Stare Decisis - “To abide by decided cases. Judicial doctrine that holds that legal precedent will not be set aside unless there is a good cause to do so.”

6. Case or Controversy- A case or controversy, also referred to as a Justiciable controversy, must consist of an actual dispute between parties over their legal rights that remain in conflict at the time the case is presented and must be a proper matter for judicial determination.

7. Certiorari- A writ of certiorari is an order a higher court issues in order to review the decision and proceedings in a lower court and determine whether there were any irregularities.

8. Moot or Mootness- Refers to a subject for academic argument. It is an abstract question that does not arise from existing facts or rights.

9. Original Jurisdiction- The authority of a tribunal to entertain a lawsuit, try it, and set forth a judgment on the law and facts.

10. Exclusive Jurisdiction- The geographic area over which authority extends; legal authority; the authority to hear and determine causes of action.

11. Personal Jurisdiction- “… through the use of computers… it must broaden correspondingly the permissible scope of jurisdiction exercisable by the courts.”

12. Ripe or Ripeness- Referring to a law case appealed from a state or federal court which is ready for consideration by the Supreme Court.

13. Standing- The legally protectable stake or interest that an individual has in a dispute that entitles him to bring the controversy before the court to obtain judicial relief.

14. Ex Parte- No more parties. No more talking person to person w/o a record of it.

15. Home Rule- States will pass along power on a local level to communities to take over an issue.

16. Defamation- The publication of material injurious to a person’s good name and reputation. Includes both libel and slander.

17. Libel- The written or broadcast form of defamation.

18. Slander- Oral defamation.

19. Prima facia - plaintiff has presented sufficient information to show obvious verdict

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