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The Separation of Church and State

By: Darien A. McWhirter | Book details

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Page 143
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GLOSSARY OF LEGAL TERMS

A fortiori: Latin, meaning literally "from the stronger." It is used by judges to mean that if one fact exists, another fact must follow from it. If someone is alive, then we know a fortiori that he or she is breathing.

Allegation: A statement of fact that has not yet been proven. In a criminal case we would say that allegations have been made against the defendant which the prosecutor will attempt to prove.

Amicus curiae: Latin, meaning literally "a friend of the Court." In some cases, especially in cases that have been appealed, other people besides those people directly involved in a case may have an interest in the outcome. In an effort to influence the justices, these people will file briefs as "friends of the Court," suggesting why the decision should come out one way or the other. When people file amicus curiae briefs, they are usually arguing that the court's decision will have an impact on them or on society in general which the court should consider when making its decision.

Analogy: A way of thinking about an issue that relates a particular situation to another situation by identifying similarities. People involved in a case often argue that their case is analogous (or similar) to another case because they know what the court decided in the other case and they would like the court to make the same decision in their case.

Appeal: A request to a higher court to review the decision of a lower court. When a trial is over, the losing party may appeal the decision to an appeals court.

Appellant/Appellee: The appellant is the person who appeals a case to a higher court; the appellee is the person who has to respond to the appeal.

Atheist: A person who does not believe in the existence of a God.

Bill of attainder: A law passed by a legislature declaring that a particular person or a group of persons is guilty of a crime. The person, or group of persons, to whom the bill of attainder applies has not received a trial.

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