Criminal vs Civil Law Flashcards

1
Q

Prosecutor

A

Someone who institutes legal proceedings against someone

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2
Q

Plaintiff

A

a person who brings a case up against someone else in the court of law

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3
Q

Defendant

A

someone sued or accused in the court of law

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4
Q

Defense Attorney

A

represents the defendant in a lawsuit or prosecution

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5
Q

Bench Trial

A

a trial by the judge only, no jury

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6
Q

Hung Jury

A

a jury that is unable to agree on a verdict after extensive deliberation

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7
Q

Mistrial

A

a trial rendered invalid through an error in the proceedings

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8
Q

Grand Jury

A

23 jurors to examine the validity of an accusation before bringing it to trial

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9
Q

Petit Trial

A

hears evidence and delivers a verdict

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10
Q

Indictment

A

a formal charge or accusation of a serious crime

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11
Q

Allegation

A

a claim or assertion that someone has done something illegal or wrong, typically one made without proof

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12
Q

Physical Evidence

A

any material object that plays some sort of role in the crime

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13
Q

Eye Witness Testimony

A

an account given by someone who was there and witnessed an incident happen.

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14
Q

Circumstantial Evidence

A

Evidence that relies on an inference to connect it to a conclusion of fact.

ex. a fingerprint found at a crime scene

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15
Q

Inadmissible Evidence

A

evidence that is deemed so unreliable that it is not considered in the deliberation in court

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16
Q

Questions of the Law

A

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

17
Q

Questions of the Fact

A

questions which must be answered by reference to facts and evidence as well inferences arising from those facts

18
Q

Verdict

A

a final decision on a dispute in a civil or criminal case

19
Q

Based on Beyond Reasonable Doubt

A

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.

20
Q

Preponderance of Evidence

A

verdict is based on the more convincing evidence and its probable truth or accuracy, and not on the amount of evidence

21
Q

Nolo Contendere

A

accepts a conviction as if they were entering a guilty plea but does not admit guilty

22
Q

Plead Guilty

A

admiring guilty to the crime

23
Q

Plea Bargain

A

an agreement between defendant and the prosecutor where the defendant pleads guilty or nolo contendere in order to get a charge dropped or reduced

24
Q

Negotiation

A

to work out the problem away from court

25
Q

Mediation

A

intervention in a dispute in order to resolve it

26
Q

Arbitration

A

the use of an arbitrator ( officially appointed) in order to settle a disagreement or dispute