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
