Basics Flashcards
Represented by the symbol pi, this person starts the legal process by filing papers against #2
Plaintiff
Represented by the symbol 🔺, this person is accused of “breaking the law“ by #1
Defendant
1 and #2 are also called this, a general name for those involved in a legal process
Party
A general name for “a public officer who administers justice in a court of law“
Judge
Titel given to judges of the federal Supreme Court sind most state supreme courts
Justice
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
Magistrate
The person a lawyer represents in a lawsuit. A lawyer refers to this person as my …
Client
Used for the parties involved in a trail
Litigant
The general (official) title for lawyers in the USA, you say “… Smith”
Attorney of law
“ Atty Smith“
A very polite way of addressing a fellow lawyer
Brother/sister at the bar
The name used for one who is not part of a particular profession
Layman
The general form of address between lawyers . No “surname“ is added
Counsetor
In the USA, a person trained to assist lawyer in their daily work, a legal secretary
Paralegal
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
Solicitor
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
Barrister
Someone who sees something happen, often giving evidence of what they saw or know in court under oath
Witness
Bureaucracy ( Bürokratie)
A read tape
To refuse to answer questions about a crime
To plead the fifth
Still not sure of an outcome
The jury is still out
Important/powerful person
Big wig
Unfair treatment or procedure
Kangaroo court
Illegal acts done by professional
White collar crime
A nickname for a lawyer
An ambulance chaser
Someone with a good legal mind
A legal eagle
No agreement could be reached
Hung jury
The questioning of a witness
Examine
When a witness speaks in court under oath, he or she gives …
Testimany
A series of related questions asked a witness is known as a … of questioning
Line
If the opposing side finds fault with the question being asked the witness, they stand up and say … your honor
Objection
If the judge, following #2 decides the question can be asked, the judge says this
Overruled
If the judge, following #2 agrees that the question cannot be asked, the judge says this
Sustained
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
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
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
The court takes a temporary break
Recess
The court ends for a day, or the end of the entire trail/hearing
Adjourn
A trial that becomes invalid is essentially cancelled, because of a mistake in procedure or other problem
Mistrial
When the court removes a legal action because it finds no legal grounds to grant it
Dismiss
A request for a higher court to review a decision made by a lower court
Appeal
An act that embarrasses, hinders, or obstructs the courts administration of justice
Contempt
The decision of the jury on an issue of fact
Finding
Decisions, judgment handed down by the court
Ruling
The begin a legal action an attorney files a …
Complaint
She then has to “serve …” on other party
Process
The document is called a …
Summons
The best way is … service, which means the defendant is given the papers face to face
In hand
The second most common option is … service, which is when the papers are left at the person home or business
Abode
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
The next step, the defendant to the … files a
…
Action
Answer
Once this is done, the lawsuit can proceed. If this document is not filed, the the defendant gets a … judgement … against him
Default
Entered
In order to gather information for the lawsuit, it is important to get certain information from the other …
Party
The process of gathering this information to prepare for a lawsuit is called …
Discovery
In order to do this, the other party or a potential … might have to be asked questions
Witness
Therefore you have to … the other party, thus this process is called “taking a …”
Depose
Deposition
During this process both attorneys are present and an official record, or …, is written down
Transcript
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
The parties then usually come to the court for a …, which is like a mini-trial
Hearing
After hearing the evidence, the court might make a ruling from the … or might request that the attorneys “submit …”
Bench
Briefs
Sometimes the … decides that the parties do not need to appear in court, then the judge “ take it on the …”
Court
Papers
In order to promote “ … efficiency”, all … matters are heard at the same time
Judicial
Outstanding
In order to try … the case, the court usually asks the parties to appear in court before the trial
Settle
This is called a …
Pretrial
The attorneys meet with a judge in …, the judges private office, and discuss the case
Chamber
If the judge is able to “… a deal” between the parties, the parties … the case
Broker
Withdraw
If they cannot come to an agreement, the case then is given a …
Trial date
If no compromise can be found, the matter goes to trail and is ….
Litigated
Initiation of lawsuit until first day of trail
- You decide to take the case, and receive initial retainer ( deposit of money ) from client
- file complaint
- Service of process
- Answer by defendant
- pretrial motions field
- Pretrial hearings
- pretrial ( with judge )
- voir dire
- jury impaneled
Beginning to end of the trial process
- Swearing in of jury
- Plaintiffs opening argument
- verdict
- Plaintiffs first witness
- defendants cross of plaintiffs witness
- Plaintiff redirect
- Plaintiff rests
- Defendant calls first witness
- Plaintiffs cross examination
- defendants redirect
- Defendant rests
- Plaintiffs closing argument
- Defendants closing argument
- Plaintiffs closing answer
- Jury charged = told the law
- Jury deliberation
- Verdict
- Jury released
