Court Systems & Structures Flashcards

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0
Q

Issue of Fact

A

an argument between the two parties regarding the events that took place which caused the lawsuit to arise

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1
Q

Pleading

A

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

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2
Q

Issue of Law

A

an argument between the two parties in regards to which legal rules apply to the facts stated in the pleading

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3
Q

Pretrial Procedure

A

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)

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4
Q

Judgement on Pleadings

A

A final ruling by a judge based on the pleadings given by the plaintiff and defendant

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5
Q

Discovery

A

Includes the right of each party to obtain witnesses and evidence (such as documents and physical objects)

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6
Q

Summary Judgement

A

a final ruling by the judge in favor of either the plaintiff and defendant

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7
Q

The trial

A

Introduces the evidence and facts from the pleadings and pretrial procedure and determines the outcome of the case

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8
Q

Jury Selection

A

The process of choosing potential jurors by weeding out biased people who cannot be neutral or fair

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9
Q

Court Systems

A

Neutral panels established by government agencies to settle a variety of disputes among different parties of people and businesses

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10
Q

Plaintiff

A

The person that actually initiates a lawsuit against an organization or individual.

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11
Q

Defendant

A

The person denying or defending themselves against allegations made by the plaintiff

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12
Q

Prosecutor

A

Also called an attorney;the lawyer who is either hired or appointed by the state or federal government to carry out the court proceedings

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13
Q

Small Claims Courts

A

Hear cases involving a limited amount of money, and only allow damages of up to $3,000 to be recovered

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14
Q

Appeal

A

the transfer of a case from a lower to a higher level for a new hearing

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15
Q

Trial Courts

A

Hear all criminal cases other than minor offenses, and can be also be called county, district, superior, circuit, or common pleas courts

16
Q

Appellate Courts

A

Are considered a reviewing court, and determines appeal from the decisions of the trial courts

17
Q

Conduct of Trial

A

Consists of opening statements by attorneys, direct and cross examination of witnesses and closing arguments by attorneys

18
Q

Verdict

A

Jury’s final decision based on all of the facts and evidence presented in the trial

19
Q

Federal District Courts

A

use juries and witnesses to help determine the outcome of the case and have jurisdiction to hear nearly all categories of federal cases, including both civil and criminal matters

20
Q

Jurisdiction

A

Having control,or authority over someone or something

21
Q

Civil Case

A

a dispute between two more parties consisting of the first party, or plaintiff, accusing the second party, or defendant, of violating a civil law and causing injury or damage to them, the plaintiff (either party may be an individual or a corporation)

22
Q

Federal Courts of Appeal

A

Hear appeals from district courts and determine whether the trial court committed prejudicial error

23
Q

Prejudicial error

A

Errors of fact that are considered so incorrect they are determined to be an error of law

24
Q

Reverse

A

Modify a judgement

25
Q

Remand

A

Send the judgement back

26
Q

Affirm

A

Keep the decision in effect

27
Q

Federal Courts of Appeal

A

Have nationwide authority in areas including:international trade, government contracts, patents, trademarks, specific money claims against the U.S. government, etc.; consist of 12 courts across the United States

28
Q

Patents

A

Grant of property right to an inventor

29
Q

Trademark

A

Word, name, symbol, or device used by manufacturers or merchants to identify and distinguish their goods from those of others

30
Q

Supreme Court

A

Highest level in the U.S court system; consists of a Chief Justice and eight associate justices

31
Q

Judiciary Branch of Government

A

Explains and applies laws by hearing legal trials and making rulings on them.

32
Q

U.S. Constitution

A

Contains the fundamental laws of the United States

33
Q

The Chief Justice

A

Holds a lifetime position unless he/she makes the decision to step down, and is elected by the president of the United States; shares responsibilities with the president

34
Q

Justice of the peace

A

A judge who handles minor legal issues, such as misdemeanors, small claims, traffic matters, performs marriages, etc