Chapter 15 & 16 Vocab Flashcards
Beyond a Reasonable Doubt
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.
Burden of Proof
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.
Damages
Money paid by the liable party in a lawsuit to compensate for losses suffered by the plaintiff.
Defendant
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.
Docket
The list of cases on a court’s schedule.
Judicial Activism
The principle that the Supreme Court should use its power of judicial review to overturn bad precedents and promote socially desirable goals.
Judicial Restraint
The principle that judicial review should be used sparingly, especially in dealing with controversial issues.
Legal Brief
A written document drawn up by an attorney that presents the facts and points of law in a client’s case.
Military Tribunal
A court in which officers from the armed forces serve as both judge and jury.
Plaintiff
The person or party who brings a lawsuit or legal action against another party in a civil case.
Preponderance of Evidence
The idea that the weight of the Plaintiff’s evidence in a civil trial clearly points to the defendant being at fault.
Prosecution
The attorneys representing the government and the people in a criminal case.
Writ of Certiorari
An order from the Supreme Court to a lower court to provide the records of a case the Court has decided to review
Acquittal
A trial verdict of “not guilty”
Arraignment
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”
Exclusionary Rule
The principle that illegally seized evidence cannot be used in a court of law
Felony
A serious crime that is usually punishable by more than one year in prison
Grand Jury
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.
Indictment
A formal accusations of criminal behavior handed down by a grand jury; this means that the accused person will be brought to trial.
Miranda Warnings
The list of rights that must be read to a criminal suspect at the time of his or her arrest.
Misdemeanor
A minor crime, typically punishable by no more than one year in prison.
Parole
An early release from prison based on good behavior.
Plea Bargain
An agreement whereby a defendant pleads guilty in return for a lesser charge or reduced sentence.
Voir Dire
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.
Amicus Curiae Brief
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”
