7-26 Flashcards
Plaintiff
Person who sues - “The plaintiff filed a lawsuit against the company for damages.”
Defendant
Person who is been sued - “The defendant is pleading not guilty to the charges.”
Witness
Person who gives testimony about the facts - “The witness identified the suspect in court.”
Prosecutor
The government’s lawyer in a criminal case - “The prosecutor presented the evidence against the defendant.”
Public defender
Attorney who defends criminal - “The public defender is representing the defendant in this case.”
Defense witness
Person(s) who testifies for defendant - “The defense witness provided an alibi for the accused.”
Assistant district attorney
Is the state court attorney - “The assistant district attorney is handling the case on behalf of the state.”
Assistant U.S. attorney
Attorney in federal court case - “The assistant U.S. attorney is prosecuting the case on behalf of the government.”
Court clerk
He administers oath. Usually called courtroom deputy - “The court clerk swears in the witness before they testify.”
Misdemeanor
Defendant does not have to appear in court. Attorney can represent - “The defendant’s lawyer can appear on their behalf for the misdemeanor charge.”
Misdemeanor charge
Arrest & formal charges; First appearance; Pretrial negotiations; Trial - “The defendant was arraigned for the misdemeanor charge.”
Felony
Defendant must appear in court - “The defendant is required to be present for the felony trial.”
Felony lower court
Arrest & formal charges; 1st appearance; Preliminary settings; Pre-trial negotiations; Probable cause hearing, Grand jury - “The case is proceeding through the felony lower court process.”
Felony for cases going to trial
Arraignment; Motions and settlement conferences; Trial, and Sentencing - “The defendant’s attorney is preparing for the felony trial.”
An interpreter shall render Consecutive
The interpreter provided consecutive interpretation during the trial.
Mandatory method for interpreting at the witness stand Consecutive
The interpreter used the consecutive method for interpreting at the witness stand.
The interpreter hired by the court in a criminal case may refer attorneys to a defendant only if the defendant asks directly
The interpreter must follow the ethical guidelines and refrain from providing unsolicited information to the attorneys.
To become familiar with a particular case, the interpreter must request and review the case file
The interpreter requested access to the case file to prepare for the trial.
At which proceeding is the defendant informed of charges against him/her and asked to enter a plea?
Arraignment - The defendant was informed of the charges and asked to enter a plea during the arraignment.
An interpreter is interpreting for the defendant on the witness stand. At some point, he/she realizes an interpretation error was made earlier in the testimony. The interpreter should immediately inform the court of the error
During the defendant’s testimony, the interpreter noticed a mistake and promptly informed the court of the error.
In a criminal proceeding, which party has the burden of proof
Prosecution - The burden of proof lies with the prosecution to prove the defendant’s guilt beyond a reasonable doubt.
If a witness uses a term an interpreter is unfamiliar with, the interpreter should inform the court of the problem and ask for permission to consult a dictionary or inquire with the witness
When the witness used an unfamiliar term, the interpreter sought permission from the court to consult a dictionary for clarification.
When an attorney cites points and authorities, he/she tells the court what precedent decisions it must follow in deciding the case
The attorney provided points and authorities to support his argument to the court.
If counsel mistakes the facts, the interpreter should interpret the misstatement because it could be an on-purpose mistake
The interpreter faithfully conveyed the counsel’s misstatement to the court.
If the defendant asks what the consequences are for pleading guilty, the interpreter must refer the question to the attorney
The interpreter redirected the question to the defendant’s attorney.
The interpreter is free to speak with any member of the jury when the jury has been dismissed
Once the jury was dismissed, the interpreter had a conversation with one of the jurors.
A defendant who represents himself/herself is designated pro se
The defendant has chosen to represent himself/herself in court.
Counts in an indictment or information are the allegations of distinct separate offenses
The indictment listed multiple counts against the defendant.
At a preliminary hearing, the judge may not determine the guilt or innocence of the defendant
The judge’s role in a preliminary hearing is to assess whether there is enough evidence to proceed with the trial.
Probable cause is a requisite element of a valid search and seizure or arrest
The police need probable cause to conduct a search or make an arrest.
An adjudication hearing is a term used for a portion of a juvenile proceeding
During the adjudication hearing, the court determines whether the juvenile is responsible for the alleged offense.
A voir dire interrogation is made to determine qualifications or competency for an expert witness
The attorney conducted a voir dire to assess the expertise of the witness.
To impanel a jury is to choose a jury
The court impaneled a jury to hear the case.
Nolo contendere means “I will not contest the charges”
The defendant entered a plea of nolo contendere.
To impeach a witness is to discredit a witness
The attorney attempted to impeach the credibility of the witness during cross-examination.
A cursory search is a superficial search
The officer conducted a cursory search of the suspect’s vehicle.
To waive means to relinquish. Give up
The defendant decided to waive his right to counsel and represent himself.
A rebuttal is a refutation
The attorney presented a strong rebuttal to the prosecution’s arguments.
To remand a defendant is to send back into custody
The court remanded the defendant to custody after the bail was revoked.
To serve a subpoena means to deliver a subpoena
The process server served the subpoena to the witness.
The defense rests means the defense has finished presenting its case
After calling their final witness, the defense attorney announced, “The defense rests.”
To sustain an objection means to agree to an objection
The judge sustained the objection, and the witness’s statement was stricken from the record.
If the interpreter is sure the person for whom he/she is interpreting is lying, the interpreter should interpret what is said
The interpreter must faithfully interpret what is said, even if they believe the person is lying.
A hung jury is one that cannot reach a verdict
After deliberating for several days, the jury was unable to reach a unanimous verdict, resulting in a hung jury.
A receding hairline
He had a receding hairline that made him look older than he was.
A splitting image
The child was a splitting image of his father.
Pink lips
Her pink lips added a touch of elegance to her smile.
A ringing in one’s ear
After the concert, she had a ringing in her ear from the loud music.
A stuffy person
The stuffy old man refused to try anything new.
A frog in her throat
She couldn’t sing well because she had a frog in her throat.
