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American Legal Terminology > Basics > Flashcards

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
Q

No agreement could be reached

A

Hung jury

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26
Q

The questioning of a witness

A

Examine

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27
Q

When a witness speaks in court under oath, he or she gives …

A

Testimany

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28
Q

A series of related questions asked a witness is known as a … of questioning

A

Line

29
Q

If the opposing side finds fault with the question being asked the witness, they stand up and say … your honor

A

Objection

30
Q

If the judge, following #2 decides the question can be asked, the judge says this

A

Overruled

31
Q

If the judge, following #2 agrees that the question cannot be asked, the judge says this

A

Sustained

32
Q

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

A

Evidence

33
Q

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

A

Full

34
Q

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

A

Identification

35
Q

The court takes a temporary break

A

Recess

36
Q

The court ends for a day, or the end of the entire trail/hearing

A

Adjourn

37
Q

A trial that becomes invalid is essentially cancelled, because of a mistake in procedure or other problem

A

Mistrial

38
Q

When the court removes a legal action because it finds no legal grounds to grant it

A

Dismiss

39
Q

A request for a higher court to review a decision made by a lower court

A

Appeal

40
Q

An act that embarrasses, hinders, or obstructs the courts administration of justice

A

Contempt

41
Q

The decision of the jury on an issue of fact

A

Finding

42
Q

Decisions, judgment handed down by the court

A

Ruling

43
Q

The begin a legal action an attorney files a …

A

Complaint

44
Q

She then has to “serve …” on other party

A

Process

45
Q

The document is called a …

A

Summons

46
Q

The best way is … service, which means the defendant is given the papers face to face

A

In hand

47
Q

The second most common option is … service, which is when the papers are left at the person home or business

A

Abode

48
Q

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

A

Publication

Pending

49
Q

The next step, the defendant to the … files a

…

A

Action

Answer

50
Q

Once this is done, the lawsuit can proceed. If this document is not filed, the the defendant gets a … judgement … against him

A

Default

Entered

51
Q

In order to gather information for the lawsuit, it is important to get certain information from the other …

A

Party

52
Q

The process of gathering this information to prepare for a lawsuit is called …

A

Discovery

53
Q

In order to do this, the other party or a potential … might have to be asked questions

A

Witness

54
Q

Therefore you have to … the other party, thus this process is called “taking a …”

A

Depose

Deposition

55
Q

During this process both attorneys are present and an official record, or …, is written down

A

Transcript

56
Q

Often before the trail the parties need the court to make certain decisions. In order to do this, the attorney files/orally makes a …

A

Motion

57
Q

The parties then usually come to the court for a …, which is like a mini-trial

A

Hearing

58
Q

After hearing the evidence, the court might make a ruling from the … or might request that the attorneys “submit …”

A

Bench

Briefs

59
Q

Sometimes the … decides that the parties do not need to appear in court, then the judge “ take it on the …”

A

Court

Papers

60
Q

In order to promote “ … efficiency”, all … matters are heard at the same time

A

Judicial

Outstanding

61
Q

In order to try … the case, the court usually asks the parties to appear in court before the trial

A

Settle

62
Q

This is called a …

A

Pretrial

63
Q

The attorneys meet with a judge in …, the judges private office, and discuss the case

A

Chamber

64
Q

If the judge is able to “… a deal” between the parties, the parties … the case

A

Broker

Withdraw

65
Q

If they cannot come to an agreement, the case then is given a …

A

Trial date

66
Q

If no compromise can be found, the matter goes to trail and is ….

A

Litigated

67
Q

Initiation of lawsuit until first day of trail

A
  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
Q

Beginning to end of the trial process

A
  1. Swearing in of jury
  2. Plaintiffs opening argument
  3. verdict
  4. Plaintiffs first witness
  5. defendants cross of plaintiffs witness
  6. Plaintiff redirect
  7. Plaintiff rests
  8. Defendant calls first witness
  9. Plaintiffs cross examination
  10. defendants redirect
  11. Defendant rests
  12. Plaintiffs closing argument
  13. Defendants closing argument
  14. Plaintiffs closing answer
  15. Jury charged = told the law
  16. Jury deliberation
  17. Verdict
  18. Jury released

American Legal Terminology (5 decks)

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