Chapter 1 Terms Flashcards
Defendant
The person charged with a crime.
Guilty
The verdict in a criminal case in which the jurors have determined that the defendant has committed the crime.
Liable
A finding that a party has a duty or obligation to the other party to pay damages or to carry out some other action.
Damages
A jury’s assessment of the money that a liable party owes to the other party in a civil case
Burden of proof
The amount of proof that a party must bring to sustain an action against another party. The burden of proof is different in civil and criminal cases.
Preponderance of the evidence
A showing by one side in a civil suit that it’s version of the facts is more likely to be true than not.
Plaintiff
The name for the party who brings a civil suit.
Beyond a reasonable doubt
The burden of proof in a criminal case; when one had a reasonable doubt, it is not mere conjecture but a doubt that would cause a prudent, rational person to hesitate edited finding a defendant guilty if a crime.
Style (caption)
The title or heading listing the parties to the case
Complaint
The document filed by the plaintiff and served on the defendant that sets out the plaintiff’s factual allegations that show the defendant is responsible for the plaintiff’s injuries.
Answer
The defendant’s written response to the complaint, usually containing denials of the defendant’s responsibility for the plaintiff’s injuries.
Supremacy clause
The provision in Article VI of the U.S. Constitution that the U.S. Constitution, laws, and treaties take precedence over conflicting state constitutions or laws.
Statute
A law that is voted on by the legislative branch of government and enacted by the executive branch.
Code
A collection of laws
Ordinance
A law passed by a local government, such as a town council or city government.
Case law
The written decisions by appellate courts explaining the outcome of a case on appeal.
Common law
(1) either all case law or the case law that is made by judges in the absence of revealer statutes. (2) the legal system that originated in England and is composed of case law and statutes.
Jurisdiction
The persons about whom and the subject matters about which a court has the right and power to make decisions that are legally binding.
Limited jurisdiction
The authority of a court to hear and consider only specifically enumerated matters.
Misdemeanor
A crime punishable by a maximum sentence of one year in prison.
Felony
A crime punishable by more than one year in prison.
