Chapter 15 & 16 Vocab

Question 1

Beyond a Reasonable Doubt

Answer 1

A legal principle that the evidence presented in a trial must allow for no other reasonable explanation than the one given; the phrase “guilty beyond a reasonable doubt” is part of the instruction given by a judge to a jury in a criminal case.

Question 2

Burden of Proof

Answer 2

The obligation in a legal case to prove allegations by presenting strong supporters evidence; in a criminal case this burden rests on the prosecution and in a civil case it rests on the plaintiff.

Question 3

Damages

Answer 3

Money paid by the liable party in a lawsuit to compensate for losses suffered by the plaintiff.

Question 4

Defendant

Answer 4

The person or party in a criminal trial who is charged with committing a crime, or the person or party being sued in a civil case.

Question 5

Docket

Answer 5

The list of cases on a court’s schedule.

Question 6

Judicial Activism

Answer 6

The principle that the Supreme Court should use its power of judicial review to overturn bad precedents and promote socially desirable goals.

Question 7

Judicial Restraint

Answer 7

The principle that judicial review should be used sparingly, especially in dealing with controversial issues.

Question 8

Legal Brief

Answer 8

A written document drawn up by an attorney that presents the facts and points of law in a client’s case.

Question 9

Military Tribunal

Answer 9

A court in which officers from the armed forces serve as both judge and jury.

Question 10

Plaintiff

Answer 10

The person or party who brings a lawsuit or legal action against another party in a civil case.

Question 11

Preponderance of Evidence

Answer 11

The idea that the weight of the Plaintiff’s evidence in a civil trial clearly points to the defendant being at fault.

Question 12

Prosecution

Answer 12

The attorneys representing the government and the people in a criminal case.

Question 13

Writ of Certiorari

Answer 13

An order from the Supreme Court to a lower court to provide the records of a case the Court has decided to review

Question 14

Acquittal

Answer 14

A trial verdict of “not guilty”

Question 15

Arraignment

Answer 15

The stage in the criminal process when a person accused of a crime is informed of the charges and allowed to enter a plea of “guilty” or “not guilty”

Question 16

Exclusionary Rule

Answer 16

The principle that illegally seized evidence cannot be used in a court of law

Question 17

Felony

Answer 17

A serious crime that is usually punishable by more than one year in prison

Question 18

Grand Jury

Answer 18

A group of citizens who examine evidence in a serious criminal case to decide whether a person accused of a crime should be indicted, or charged.

Question 19

Indictment

Answer 19

A formal accusations of criminal behavior handed down by a grand jury; this means that the accused person will be brought to trial.

Question 20

Miranda Warnings

Answer 20

The list of rights that must be read to a criminal suspect at the time of his or her arrest.

Question 21

Misdemeanor

Answer 21

A minor crime, typically punishable by no more than one year in prison.

Question 22

Parole

Answer 22

An early release from prison based on good behavior.

Question 23

Plea Bargain

Answer 23

An agreement whereby a defendant pleads guilty in return for a lesser charge or reduced sentence.

Question 24

Voir Dire

Answer 24

The process during jury selection in which lawyers and judges question potential jurors to determine whether there is reason to disqualify them from a trial.

Question 25

Amicus Curiae Brief

Answer 25

A legal document submitted to a court by a group not party to a particular case but wishing to influence the courts decision in that case; Amicus Curiae means “friend of the court”