Court Systems & Structures Flashcards
Issue of Fact
an argument between the two parties regarding the events that took place which caused the lawsuit to arise
Pleading
a series of formal, written statements in which the plaintiff and defendant both state their claims for their defense regarding the matter that is being disputed
Issue of Law
an argument between the two parties in regards to which legal rules apply to the facts stated in the pleading
Pretrial Procedure
Occurs when parties must disclose any evidence they have to prove the argued facts( used to push for settlements between parties so trial does not have to take place or to make trials more effective)
Judgement on Pleadings
A final ruling by a judge based on the pleadings given by the plaintiff and defendant
Discovery
Includes the right of each party to obtain witnesses and evidence (such as documents and physical objects)
Summary Judgement
a final ruling by the judge in favor of either the plaintiff and defendant
The trial
Introduces the evidence and facts from the pleadings and pretrial procedure and determines the outcome of the case
Jury Selection
The process of choosing potential jurors by weeding out biased people who cannot be neutral or fair
Court Systems
Neutral panels established by government agencies to settle a variety of disputes among different parties of people and businesses
Plaintiff
The person that actually initiates a lawsuit against an organization or individual.
Defendant
The person denying or defending themselves against allegations made by the plaintiff
Prosecutor
Also called an attorney;the lawyer who is either hired or appointed by the state or federal government to carry out the court proceedings
Small Claims Courts
Hear cases involving a limited amount of money, and only allow damages of up to $3,000 to be recovered
Appeal
the transfer of a case from a lower to a higher level for a new hearing