Criminal vs Civil Law Flashcards
Prosecutor
Someone who institutes legal proceedings against someone
Plaintiff
a person who brings a case up against someone else in the court of law
Defendant
someone sued or accused in the court of law
Defense Attorney
represents the defendant in a lawsuit or prosecution
Bench Trial
a trial by the judge only, no jury
Hung Jury
a jury that is unable to agree on a verdict after extensive deliberation
Mistrial
a trial rendered invalid through an error in the proceedings
Grand Jury
23 jurors to examine the validity of an accusation before bringing it to trial
Petit Trial
hears evidence and delivers a verdict
Indictment
a formal charge or accusation of a serious crime
Allegation
a claim or assertion that someone has done something illegal or wrong, typically one made without proof
Physical Evidence
any material object that plays some sort of role in the crime
Eye Witness Testimony
an account given by someone who was there and witnessed an incident happen.
Circumstantial Evidence
Evidence that relies on an inference to connect it to a conclusion of fact.
ex. a fingerprint found at a crime scene
Inadmissible Evidence
evidence that is deemed so unreliable that it is not considered in the deliberation in court
Questions of the Law
a question that must be answered by applying relevant legal principles to interpretation of the law. Such a question is distinct from a question of fact, which must be answered by reference to facts and evidence as well inferences arising from those facts
Questions of the Fact
questions which must be answered by reference to facts and evidence as well inferences arising from those facts
Verdict
a final decision on a dispute in a civil or criminal case
Based on Beyond Reasonable Doubt
that no other logical explanation can be derived from the facts except that the defendant committed the crime, thereby overcoming the presumption that a person is innocent until proven guilty.
Preponderance of Evidence
verdict is based on the more convincing evidence and its probable truth or accuracy, and not on the amount of evidence
Nolo Contendere
accepts a conviction as if they were entering a guilty plea but does not admit guilty
Plead Guilty
admiring guilty to the crime
Plea Bargain
an agreement between defendant and the prosecutor where the defendant pleads guilty or nolo contendere in order to get a charge dropped or reduced
Negotiation
to work out the problem away from court