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
Trial Courts
Hear all criminal cases other than minor offenses, and can be also be called county, district, superior, circuit, or common pleas courts
Appellate Courts
Are considered a reviewing court, and determines appeal from the decisions of the trial courts
Conduct of Trial
Consists of opening statements by attorneys, direct and cross examination of witnesses and closing arguments by attorneys
Verdict
Jury’s final decision based on all of the facts and evidence presented in the trial
Federal District Courts
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
Jurisdiction
Having control,or authority over someone or something
Civil Case
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)
Federal Courts of Appeal
Hear appeals from district courts and determine whether the trial court committed prejudicial error
Prejudicial error
Errors of fact that are considered so incorrect they are determined to be an error of law
Reverse
Modify a judgement
Remand
Send the judgement back
Affirm
Keep the decision in effect
Federal Courts of Appeal
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
Patents
Grant of property right to an inventor
Trademark
Word, name, symbol, or device used by manufacturers or merchants to identify and distinguish their goods from those of others
Supreme Court
Highest level in the U.S court system; consists of a Chief Justice and eight associate justices
Judiciary Branch of Government
Explains and applies laws by hearing legal trials and making rulings on them.
U.S. Constitution
Contains the fundamental laws of the United States
The Chief Justice
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
Justice of the peace
A judge who handles minor legal issues, such as misdemeanors, small claims, traffic matters, performs marriages, etc
