Legal Terms Chapter 7 - Steps in a Trial

Question 1

Adjudication

Answer 1

A court judgment; determination.

Question 2

Admissable evidence

Answer 2

Evidence that is pertinent and proper to be considered in reaching a decision following specific rules.

Question 3

Affirm

Answer 3

Approve.

Question 4

Appeal bond

Answer 4

A bond often required as security to guarantee the cost of an appeal, especially in civil cases.

Question 5

Appellant

Answer 5

The party bringing an appeal.

Question 6

Appellee

Answer 6

A party against whom an appeal is brought; also called defendant in error or respondent.

Question 7

Capital criminal case

Answer 7

A case in which the death penalty may be inflicted.

Question 8

Case in chief

Answer 8

The introduction of evidence to prove the allegations that were made in the pleadings and in the opening statement.

Question 9

Circum

Answer 9

Around.

Question 10

Circumstantial evidence

Answer 10

Indirect evidence; unlike direct evidence, this requires an inference to be drawn from the facts presented.

Question 11

Consent decree

Answer 11

A decree that is entered by consent of both parties, usually without admission of guilt or wrongdoing.

Question 12

Court of equity

Answer 12

A court that administers justice according to the system of equity.

Question 13

Cross-examination

Answer 13

The examination of an opposing or hostile witness.

Question 14

Decree

Answer 14

The decision of a court of equity.

Question 15

Deliberates

Answer 15

To consider slowly and carefully.

Question 16

Direct evidence

Answer 16

Evidence that directly relates to the fact in issue; such as eyewitness testimony that does not need inference.

Question 17

Direct examination

Answer 17

The examination of one’s own witness.

Question 18

DNA

Answer 18

The double strand of molecules that carries a cell’s unique genetic code

Question 19

DNA sample

Answer 19

Biological evidence of any nature utilized to conduct DNA analysis.

Question 20

Documentary evidence

Answer 20

Evidence consisting of such documents as written contracts, business records, correspondence, wills and deeds.

Question 21

Equity

Answer 21

That which is just and fair.

Question 22

Exhibits

Answer 22

Tangible items that are introduced in evidence.

Question 23

Hearsay

Answer 23

An out of court statement offered in court to prove the truth of the matter being asserted in court.

Question 24

Hung jury

Answer 24

A deadlocked jury; one that cannot agree.

Question 25

Infant

Answer 25

Legal name for a minor.

Question 26

Injunction

Answer 26

An order from a court of equity to do or to refrain from doing a particular act.

Question 27

Judgment notwithstanding the verdict

Answer 27

A judgment the court renders in favor of one party notwithstanding a verdict in favor of the other party; also called judgment n.o.v for nolo obstante verdicto.

Question 28

Judgment on the merits

Answer 28

A judgment based on the evidence and facts introduced.

Question 29

Judgment on the pleadings

Answer 29

A judgment rendered without hearing evidence when the court determines that it is clear from the pleadings that one party is entitled to win the case.

Question 30

Jury charge

Answer 30

Instructions to a jury on matters of law.

Question 31

Leading question

Answer 31

Questions that suggest to the witness the desired answer.

Question 32

Malpractice

Answer 32

Professional misconduct; negligence of a professional.

Question 33

Manslaughter

Answer 33

The unlawful killing of one human being by of another without malice aforethought.

Question 34

Mistrial

Answer 34

An invalid trial of no consequence.

Question 35

Motion for a directed verdict

Answer 35

An attorney asks the court to find in favor of their party without giving the case to the jury.

Question 36

Opening statement

Answer 36

An attorney's outline to the jury, or to a judge in a bench trial, of the anticipated evidence to be shown.

Question 37

Polling the jury

Answer 37

A procedure in which each individual juror is asked whether he or she agrees with the verdict given by the jury foreperson.

Question 38

Preliminary injuction

Answer 38

An injunction issued by a court before hearing the merits of a case.

Question 39

Prima facie case

Answer 39

Legally sufficient as proof unless rebutted or contradicted by other evidence is what is expected in the opening statement.

Question 40

Questions of fact

Answer 40

Questions about the activities that took place between the parties which caused them to go to court.

Question 41

Questions of law

Answer 41

Questions about the application or interpretation of the law.

Question 42

Real evidence

Answer 42

Actual objects that have bearing on the case, such as an item of clothing, a weapon found at the scene of the crime, a photograph, a chart, a model, or fingerprints.

Question 43

Rebuttal case

Answer 43

Introducing evidence that will cancel the effect of the evidence introduced by the other side.

Question 44

Re-cross-examination

Answer 44

Defendant's attorney may follow up after a redirect examination.

Question 45

Redirect examination

Answer 45

The plaintiff's attorney may conduct an examination on issues brought up in the cross-examination.

Question 46

Relevant evidence

Answer 46

Evidence tending to prove or disprove an alleged factual issue in dispute at trial.

Question 47

Remand

Answer 47

To send back.

Question 48

Reversal

Answer 48

The decision of a court of appeal that the judgment of a lower court was incorrect, requiring the case to be retried.

Question 49

Ripe for judgment

Answer 49

The stage of a trial at which everything has been completed except the court's decision.

Question 50

Sequestered

Answer 50

Isolated or set apart.

Question 51

Set aside

Answer 51

Make void; also called a reverse.

Question 52

Summation

Answer 52

Final statement by an attorney summarizing the evidence that has been introduced; also called closing argument.

Question 53

Testimonial evidence

Answer 53

Oral testimony of a witnesses made under oath in open court.

Question 54

Vacate

Answer 54

To annul.

Question 55

Verdict

Answer 55

Decision of the jury.

Question 56

Verdict contrary to law

Answer 56

The jury's verdict is incorrect as a matter of law.