Court Definitions Flashcards
trial courts
cases begin here
evidence: testimony
oral or written
evidence: exhibits
physical objects
evidence: documentary
wills, contracts, receipts, emails, photos, etc.
plaintiff
party bringing legal action
prosecutor
state or government initiating case
defendant
person responding to case
appellate court
losing party may appeal decision
right to jury
limited right
only defendant in a criminal trial can decide whether or not to have a jury
criminal trial: jury decision
jury’s decision has to be unanimous
civil trial: jury decision
jury’s decision does not have to unanimous (substantial majority)
jury duty: requirements
must be 18 years old, citizen, resident of the state, and able to understand english
jury duty: exclusions
cannot be excluded because of age, race, sex, disability, etc
can be excluded if the person doesn’t meet requirements, not physically or mentally stable to provide a reasonable decision, or creates bias
jury duty: selections
someone who is unbias towards the case
jury must be made up of a representation of the people in the community
voire dire
goal is to find out if potential jurors are biased or have special knowledge of case
peremptory challenge
a defendant’s or lawyer’s objection to a chosen juror
without having to give a reason
two court systems
federal and state
state courts
family and juvenile, criminal, housing, civil, or probate
court of appeals
a court in which appeals from trial-court decisions are heard
federal courts
courts regarding neighboring lands or federally regulated systems
this includes supreme court
error of law
mistake made by judge in legal procedures or rulings during a trial that may allow the case to be appealed
precedent
court decision on a legal question that guides future cases with similar questions
dissenting opinions
in a trial or appeal
the written opinion if the minority of judges who disagree with the decision of the majority
concurring opinion
additional written opinion in which a judge or judges agree with the decision reached by the court, but for reasons different from those used to support the majority decision
