Basics Flashcards

1
Q

Represented by the symbol pi, this person starts the legal process by filing papers against #2

A

Plaintiff

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2
Q

Represented by the symbol 🔺, this person is accused of “breaking the law“ by #1

A

Defendant

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3
Q

1 and #2 are also called this, a general name for those involved in a legal process

A

Party

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4
Q

A general name for “a public officer who administers justice in a court of law“

A

Judge

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5
Q

Titel given to judges of the federal Supreme Court sind most state supreme courts

A

Justice

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6
Q

A minor official or officer with limited judicial authority. He or she “presides over“ minor cases. In the UK they are non-lawyer Volunteers, in the USA they are former attorneys

A

Magistrate

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7
Q

The person a lawyer represents in a lawsuit. A lawyer refers to this person as my …

A

Client

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8
Q

Used for the parties involved in a trail

A

Litigant

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9
Q

The general (official) title for lawyers in the USA, you say “… Smith”

A

Attorney of law

“ Atty Smith“

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10
Q

A very polite way of addressing a fellow lawyer

A

Brother/sister at the bar

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11
Q

The name used for one who is not part of a particular profession

A

Layman

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12
Q

The general form of address between lawyers . No “surname“ is added

A

Counsetor

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13
Q

In the USA, a person trained to assist lawyer in their daily work, a legal secretary

A

Paralegal

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14
Q

The general common name for English lawyers, they can normally only appear in lower courts and spend most of there time as “transactional lawyers outside” of court

A

Solicitor

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15
Q

The general common name for English lawyers who specialise in trail litigation. They wear a black robe, high collar, and horsehair wig. They have the exclusive power to appear in the appeal and supreme courts of England

A

Barrister

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16
Q

Someone who sees something happen, often giving evidence of what they saw or know in court under oath

A

Witness

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17
Q

Bureaucracy ( Bürokratie)

A

A read tape

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18
Q

To refuse to answer questions about a crime

A

To plead the fifth

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19
Q

Still not sure of an outcome

A

The jury is still out

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20
Q

Important/powerful person

A

Big wig

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21
Q

Unfair treatment or procedure

A

Kangaroo court

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22
Q

Illegal acts done by professional

A

White collar crime

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23
Q

A nickname for a lawyer

A

An ambulance chaser

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24
Q

Someone with a good legal mind

A

A legal eagle

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25
No agreement could be reached
Hung jury
26
The questioning of a witness
Examine
27
When a witness speaks in court under oath, he or she gives ...
Testimany
28
A series of related questions asked a witness is known as a ... of questioning
Line
29
If the opposing side finds fault with the question being asked the witness, they stand up and say ... your honor
Objection
30
If the judge, following #2 decides the question can be asked, the judge says this
Overruled
31
If the judge, following #2 agrees that the question cannot be asked, the judge says this
Sustained
32
Proof of facts , in the form of documents, objects, testimony "submitted” to the court in order for the judge/jury to understand the facts of the case
Evidence
33
If it’s clear that the item in #7 is allowed under the law, it is marked by the clerk as this. This means that the judge/jury can look at the item and use it help them make their decisions
Full
34
It the item in #7 is not allowed under the law, it is marked by the clerk as this. This means that the judge/jury cannot look at the item and use it the help them make their decision
Identification
35
The court takes a temporary break
Recess
36
The court ends for a day, or the end of the entire trail/hearing
Adjourn
37
A trial that becomes invalid is essentially cancelled, because of a mistake in procedure or other problem
Mistrial
38
When the court removes a legal action because it finds no legal grounds to grant it
Dismiss
39
A request for a higher court to review a decision made by a lower court
Appeal
40
An act that embarrasses, hinders, or obstructs the courts administration of justice
Contempt
41
The decision of the jury on an issue of fact
Finding
42
Decisions, judgment handed down by the court
Ruling
43
The begin a legal action an attorney files a ...
Complaint
44
She then has to "serve ...” on other party
Process
45
The document is called a ...
Summons
46
The best way is ... service, which means the defendant is given the papers face to face
In hand
47
The second most common option is ... service, which is when the papers are left at the person home or business
Abode
48
If neither of the above is possible, the service Methode of last resort is ..., which means a notice of the ... lawsuit is printed in the local newspaper
Publication | Pending
49
The next step, the defendant to the ... files a | ...
Action | Answer
50
Once this is done, the lawsuit can proceed. If this document is not filed, the the defendant gets a ... judgement ... against him
Default | Entered
51
In order to gather information for the lawsuit, it is important to get certain information from the other ...
Party
52
The process of gathering this information to prepare for a lawsuit is called ...
Discovery
53
In order to do this, the other party or a potential ... might have to be asked questions
Witness
54
Therefore you have to ... the other party, thus this process is called "taking a ...”
Depose | Deposition
55
During this process both attorneys are present and an official record, or ..., is written down
Transcript
56
Often before the trail the parties need the court to make certain decisions. In order to do this, the attorney files/orally makes a ...
Motion
57
The parties then usually come to the court for a ..., which is like a mini-trial
Hearing
58
After hearing the evidence, the court might make a ruling from the ... or might request that the attorneys "submit ...”
Bench | Briefs
59
Sometimes the ... decides that the parties do not need to appear in court, then the judge " take it on the ...”
Court | Papers
60
In order to promote " ... efficiency”, all ... matters are heard at the same time
Judicial | Outstanding
61
In order to try ... the case, the court usually asks the parties to appear in court before the trial
Settle
62
This is called a ...
Pretrial
63
The attorneys meet with a judge in ..., the judges private office, and discuss the case
Chamber
64
If the judge is able to "... a deal” between the parties, the parties ... the case
Broker | Withdraw
65
If they cannot come to an agreement, the case then is given a ...
Trial date
66
If no compromise can be found, the matter goes to trail and is ....
Litigated
67
Initiation of lawsuit until first day of trail
1. You decide to take the case, and receive initial retainer ( deposit of money ) from client 2. file complaint 3. Service of process 4. Answer by defendant 5. pretrial motions field 6. Pretrial hearings 7. pretrial ( with judge ) 8. voir dire 9. jury impaneled
68
Beginning to end of the trial process
10. Swearing in of jury 11. Plaintiffs opening argument 12. verdict 13. Plaintiffs first witness 14. defendants cross of plaintiffs witness 15. Plaintiff redirect 16. Plaintiff rests 17. Defendant calls first witness 18. Plaintiffs cross examination 19. defendants redirect 20. Defendant rests 21. Plaintiffs closing argument 22. Defendants closing argument 23. Plaintiffs closing answer 24. Jury charged = told the law 25. Jury deliberation 26. Verdict 27. Jury released