Legal Terminology Flashcards
Appeal
-Petitioning a higher court to review a case to reverse errors made at trial
Affidavit
A sworn, written statement
Arraignment
Bringing a defendant before a judge to allow him/her to hear the charges that were filed and make a plea (guilty, not guilty, insanity)
Arrest
The official detention of a person for a criminal trial
Bail
Money or property temporarily surrendered to the government by a defendant who will be released until trial to ensure that he will not flee the jurisdiction. It is returned to the defendant upon the trial’s conclusion.
Bill of Rights
The first 10 amendments to the US Constitution; they secure several of the most important rights of American Citizens
Book
The formal, clerical aspect of an arrest. During “booking”, several forms are filled out containing the defendant’s personal information and a description of the possessions he/she was carrying at the time of the arrest
Certiorari
Petitioning the Supreme Court to hear an appeal
Charge
An accusation of guilt; usually the first step in a criminal investigation
Constitution
The document that defines the United States government. It also sets forth certain inalienable rights of American citizens. The Constitution limits the specific powers of each branch of the federal government, and sets forth their duties.
Cross Examination
The period of questioning in a trial when the lawyers of one side interrogates a witness from the opposing side
Defendant
Party against which a case is brought in a criminal or civil trial
Defense attorney
Counsel employed to represent a defendant
Direct examination
Period of questioning in a trial when the lawyers of one side question their own witness
Due process
Guarantees and procedures built into the legal system to safeguard the civil rights of individuals
Exclusionary rule
The provision that the Supreme Court interpreted to exist to exist in the Constitution that prohibits evidence obtained by means of an unlawful seizure from being admitted into a court of law
(Evidence obtained illegally can not be used in court)
Execution
Termination of human life by the government as punishment for a crime
Federalism
The sharing of powers and responsibilities between the country’s government as a whole (the federal government) and individual state government
(Both federal and state governments have power)
Foreman
The jury member who speaks for the jury as a whole
Grand Jury
A panel which receives complaints and accusations of crimes, hears preliminary evidence, and hands down indictments
Determines if there is enough evidence to go to trial
Habeas Corpus
A judicial order, demanding someone to be present in court to determine if they are legitimately being detained
(Judge or court has to decide if the person may be guilty; used to prevent illegal imprisinment)
Hung Jury
A jury who cannot agree on a specific verdict
All jury members must agree on exactly the same verdict; if they don’t it’s a hung jury
Indictment
A formal accusation returned by a Grand Jury
Information
A formal accusation that is filed when an indictment is unnecessary because a public official formally accuses the defendant (usually a corporation)
(an official criminal charge presented, usually by the prosecuting officers of the state, without the interposition of a grand jury)
Judge
The public official who presides over trials and rules on points of law that come into question during trial
Jury
A group of unbiased persons who determine the facts of a given case; determines the verdict
Larceny
Any type of stealing
Litigation
A lawsuit
Mistrial
When the judge declares a legal proceeding to no longer be a trial due to a major defect or huge error
Mitigating circumstances
Facts that do not justify or excuse a crime, but lessen the amount of moral blame.
Example - boy shoots his father after years of abuse.
Murder
When a person of sound mind (of sufficient age to create a criminal design and legally sane) kills any human being in the peace of a nation (excluding military actions) without warrant or justification, and with malice a forethought, expressed or implied
Plaintiff
The side bringing civil charges against another party
Prison
A public institution detaining criminals serving long term incarceration (prison terms)
Prosecutor
Public official who presents the government’s case against a person accused of a crime
Search and Seizure
The act of law enforcement officers surveying a crime scene and taking into custody any contraband (illegal stuff) or evidence which has bearing or is important to the case
Smuggling
Secretly bringing illegal or taxable goods into a country
Testify
To give evidence under oath
Trauma
An injury to the body caused by an external blow
Voir dire
The examination of possible jurors by the judge and attorneys to determine if the jurors will be acceptable (unbiased) for the trial
Warrant
Written permission given by a judge to a police officer to search a house, property, etc.. Warrants can only be given based on probable cause, as evidenced by an affidavit completed by the law enforcement official.