chapter 5 vocab

Question 1

courts that listen to testimony, consider evidence, and decide the facts in a disputed situation

Answer 1

trial courts

Question 2

the people directly concerned with or taking part in any legal matter

Answer 2

parties

Question 3

in a civil case, the injured party who brings legal action against the alleged wrongdoer

Answer 3

plaintiff

Question 4

the state or federal government’s attorney in a criminal case

Answer 4

prosecutor

Question 5

the person against whom a claim is made

Answer 5

defendant

Question 6

the judicial system used in the United States. It allows opposing parties to present their legal conflicts before an impartial judge and jury.

Answer 6

adversarial system

Question 7

a European method for handling disputes in which the judge plays an active role in gathering and presenting evidence and questioning witnesses.

Answer 7

inquisitional system

Question 8

in a criminal case, the negotiations between the prosecutor, defendant, and defendant’s attorney. In exchange for the defendant agreeing to plead guilty, the prosecutor agrees to charge the defendant with a less serious crime, which usually results in a lesser punishment.

Answer 8

plea bargain

Question 9

from the French phrase meaning “to speak the truth.” It is the screening process in which opposing lawyers question prospective juror to ensure as favorable or as fair a jury as possible.

Answer 9

voir dire

Question 10

part of the jury selection process. After voir dire, opposing attorneys may request the removal of any juror who does not appear capable of giving a fair verdict.

Answer 10

removal for cause

Question 11

part of the pretrial jury selection. Attorneys on opposing sides may dismiss a number of possible jurors without giving any reason. There is one exception: it can’t be used to discriminate based on race.

Answer 11

peremptory challenges

Question 12

a court in which appeals from trial-court decisions are heard

Answer 12

appeals court

Question 13

a mistake made by a judge in legal procedures or ruling during a trial that may allow the case to be appealed

Answer 13

error of law

Question 14

a court decision on a legal question that guides future cases with similar questions

Answer 14

precedent

Question 15

in a trial or appeal, the written opinion of the minority of judges who disagree with the decision of the majority

Answer 15

dissenting opinion

Question 16

an additional written court opinion in which a judge or judges agrees with the decision reached by the court, but for reasons different from those used to support the majority opinion

Answer 16

concurring opinion

Question 17

the process of providing to a court that a will is genuine; distributing property according to the terms of a will

Answer 17

probate

Question 18

the idea stated in the Fifth and Fourteenth Amendments that every person involved in a legal dispute is entitled to a fair hearing or trial

Answer 18

due process

Question 19

a formal application by a party to have a lower-court decision reviewed by the U.S. Supreme Court, which has the discretion to approve or deny any such application

Answer 19

petition for certiorari

Question 20

the rule stating that precedent must be followed, providing the legal system with predictability and stability

Answer 20

stare decisis

Question 21

How many Justices make up the U.S. Supreme Court?

Answer 21

9 Justices

Question 22

an oral (or written) request to make a specific decision

Answer 22

motion

Question 23

attorneys on opposing sides remove a certain number of possible jurors without any reason

Answer 23

peremptory challenge

Question 24

Who presides over a trial?

Answer 24

The Judge

Question 25

Who is the finder of fact in a jury trial?

Answer 25

The Jury

Question 26

Who hears cases based on a petition of certiorari?

Answer 26

U.S. Supreme Court

Question 27

a local court in which claims for small sums of money can be heard and decided quickly and cheaply, without legal representation

Answer 27

small claims court

Question 28

Who decides whether there will be a jury trial in a criminal case?

Answer 28

The defendant

Question 29

Who has the burden of proof in a trial?

Answer 29

The prosecutor or plaintiff

Question 30

Where does the U.S. Supreme Court hear cases from?

Answer 30

The State Supreme Court and the U.S Appeals Court.

Question 31

Do all trial courts require a 12 member Jury? What court system does?

Answer 31

Juries range from 6 to 12 persons, although all federal criminal cases require 12-person juries.

Question 32

What courts set precedents?

Answer 32

Appeals Courts

Question 33

What is required for a case to be appealed?

Answer 33

You have to win a trial to appeal. But there’s still a possibility if you lose a trial; usually, an appeal is possible only when there is a claim that the trial court has committed an error of law.