chapter 5 vocab Flashcards
courts that listen to testimony, consider evidence, and decide the facts in a disputed situation
trial courts
the people directly concerned with or taking part in any legal matter
parties
in a civil case, the injured party who brings legal action against the alleged wrongdoer
plaintiff
the state or federal government’s attorney in a criminal case
prosecutor
the person against whom a claim is made
defendant
the judicial system used in the United States. It allows opposing parties to present their legal conflicts before an impartial judge and jury.
adversarial system
a European method for handling disputes in which the judge plays an active role in gathering and presenting evidence and questioning witnesses.
inquisitional system
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.
plea bargain
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.
voir dire
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.
removal for cause
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.
peremptory challenges
a court in which appeals from trial-court decisions are heard
appeals court
a mistake made by a judge in legal procedures or ruling during a trial that may allow the case to be appealed
error of law
a court decision on a legal question that guides future cases with similar questions
precedent
in a trial or appeal, the written opinion of the minority of judges who disagree with the decision of the majority
dissenting opinion
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
concurring opinion
the process of providing to a court that a will is genuine; distributing property according to the terms of a will
probate
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
due process
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
petition for certiorari
the rule stating that precedent must be followed, providing the legal system with predictability and stability
stare decisis
How many Justices make up the U.S. Supreme Court?
9 Justices
an oral (or written) request to make a specific decision
motion
attorneys on opposing sides remove a certain number of possible jurors without any reason
peremptory challenge
Who presides over a trial?
The Judge
Who is the finder of fact in a jury trial?
The Jury
Who hears cases based on a petition of certiorari?
U.S. Supreme Court
a local court in which claims for small sums of money can be heard and decided quickly and cheaply, without legal representation
small claims court
Who decides whether there will be a jury trial in a criminal case?
The defendant
Who has the burden of proof in a trial?
The prosecutor or plaintiff
Where does the U.S. Supreme Court hear cases from?
The State Supreme Court and the U.S Appeals Court.
Do all trial courts require a 12 member Jury? What court system does?
Juries range from 6 to 12 persons, although all federal criminal cases require 12-person juries.
What courts set precedents?
Appeals Courts
What is required for a case to be appealed?
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.
