Chapter 5 Vocab Flashcards
trial courts
courts that listen to a testimony, consider evidence, and decide the facts in a disputed station
ex: they listen to evidence and argue about it
parties
the people directly concerned with or taking part in any legal matter
plaintiff
(in a civil case) the injured party who brings legal action against the alleged wrongdoer
prosecutor
the state or federal government’s attorney in a criminal case
defendant
(in a civil suit) defendant is the person being sued (in a criminal case) they are charged with committing a crime
adversarial system
judicial systems in the US, allows opposing parties to present their legal conflicts before and impartial judge/jury
inquisitorial system
European method where a judge plays an active role in gathering/presenting evidence/questioning witness
plea bargain
(in criminal cases) negotiations between prosecutor, defendant, and defendant’s attorney. In exchange for defendant pleading guilty, the prosecutor agrees to charge defendant with a less serious crime (usually results in less serious punishment)
voir dire
(French for “to speak the truth”) screening process where opposing lawyers question possible jurors to ensure as fair a jury as possible
removal for cause
part of jury selection process, after voir dire, opposing attorneys may request removal of any juror who does not appear capable of giving a fair decision/verdict
peremptory challenge
(part of pretrial jury selection) attorneys on opposing may dismiss a certain number of possible jurors without reason
The exception is: peremptory challenges cannot be used to discriminate against race
appeals court
a court in which appeals from trial court decisions
error of law
mistake by the judge in legal procedures during a trial that may allow the case to be appealed (ask a decision be changed)
precedent
appellate court decision on a legal question that guides future cases presenting a similar legal question
dissenting opinion
(in an appeal) the written opinion of the minority of judges who disagree with the decision of the majority
concurring opinion
additional written court decision in which a judge/s agrees with the outcome reached by the court, but for different reasons from those used to support the majority opinion
probate
process of proving a will is genuine; distributing property according to a will
due process
(idea stated in the 5th and 14th Amendment) says every person is entitled to fair treatment by the government. Requirements vary per situation, but require a minimum notice and an opportunity to be heard
petition for certiorari
(certiorari is Latin for “to be informed of”) formal application by a party to have a lower court decision reviewed by US Supreme Court, which can either approve/deny it
stare decisis
rule stating precedent must be followed, providing the legal system the predictability and stability
