Common Law Vocabulary Flashcards
Also known as the adversary System. In this system of justice, the opposing parties present evidence. A judge runs the trial but does not investigate the case or otherwise play an active role
Accusatorial system
A member of the bar; an attorney permitted to try cases in court used in Britain
Barrister
A crime punishable by death
Capital offense
The facts given rise to a legal basis to sue
Cause of action
Showing disrespect for the court or failing to follow a court order. Punishable by a fine or jail time
Contempt of court
To question the other party’s witness in court
Cross-examine
An objection that a pleading does not state a cause of action recognized by the law
Demurrer
A system of justice parallel to the common law. Developed by the court of chancery, it was based on principles of good faith and fair dealing derived from roman law
Equity
A group of citizens responsible for determining whether the prosecution has enough evidence against a defendant to justify holding a trial. It means in secret, and the prosecutor presents evidence to it
Grand jury
A writ, or court order, for the executive (police, prosecutors, prison officials) to produce a prisoner in court and justify the legality of the imprisonment (Latin for you have the body)
Habeas corpus
A grand jury’s formal charge against a defendant confirming that sufficient evidence exists to justify holding a trial
Indictment
A court order telling a party to refrain from doing something or to preform a specific action
Injunction
Written in 1215, it is one of England’s most important documents enshrining liberty
Latin meaning great charter
Magna Carta
A basic principle or rule
Maxim
A sheet made from sheep or goat skin to write or paint on
Parchment
The act of lying under oath, telling a lie or misleading someone when you have sworn to tell the truth
Perjury
The party suing the defendant in a lawsuit
Plaintiff
The formal statement, usually written, spelling out the plaintiff’s or defendant’s case of court
Pleading
An issue of law previously decided by a court that other courts must follow
Precedent
An official announcement
Proclamation
Sir Walter Raleigh English explorer soldier and writer
Raleigh
An order to appear in court to testify. Latin for under penalty
Subpoena
A wrongful act ( other than breach of contract) that serves as the basis for a lawsuit the wrongful act usually must be done intentionally or negligently
Tort
A fortress in London used as a jail for important prisoners
Tower of London
