Legal Terms Chapter 7 - Steps in a Trial Flashcards
Adjudication
A court judgment; determination.
Admissable evidence
Evidence that is pertinent and proper to be considered in reaching a decision following specific rules.
Affirm
Approve.
Appeal bond
A bond often required as security to guarantee the cost of an appeal, especially in civil cases.
Appellant
The party bringing an appeal.
Appellee
A party against whom an appeal is brought; also called defendant in error or respondent.
Capital criminal case
A case in which the death penalty may be inflicted.
Case in chief
The introduction of evidence to prove the allegations that were made in the pleadings and in the opening statement.
Circum
Around.
Circumstantial evidence
Indirect evidence; unlike direct evidence, this requires an inference to be drawn from the facts presented.
Consent decree
A decree that is entered by consent of both parties, usually without admission of guilt or wrongdoing.
Court of equity
A court that administers justice according to the system of equity.
Cross-examination
The examination of an opposing or hostile witness.
Decree
The decision of a court of equity.
Deliberates
To consider slowly and carefully.
Direct evidence
Evidence that directly relates to the fact in issue; such as eyewitness testimony that does not need inference.
Direct examination
The examination of one’s own witness.
DNA
The double strand of molecules that carries a cell’s unique genetic code
DNA sample
Biological evidence of any nature utilized to conduct DNA analysis.
Documentary evidence
Evidence consisting of such documents as written contracts, business records, correspondence, wills and deeds.
Equity
That which is just and fair.
Exhibits
Tangible items that are introduced in evidence.
Hearsay
An out of court statement offered in court to prove the truth of the matter being asserted in court.
Hung jury
A deadlocked jury; one that cannot agree.
Infant
Legal name for a minor.
Injunction
An order from a court of equity to do or to refrain from doing a particular act.
Judgment notwithstanding the verdict
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.
Judgment on the merits
A judgment based on the evidence and facts introduced.
Judgment on the pleadings
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.
Jury charge
Instructions to a jury on matters of law.
Leading question
Questions that suggest to the witness the desired answer.
Malpractice
Professional misconduct; negligence of a professional.
Manslaughter
The unlawful killing of one human being by of another without malice aforethought.
Mistrial
An invalid trial of no consequence.
Motion for a directed verdict
An attorney asks the court to find in favor of their party without giving the case to the jury.
Opening statement
An attorney’s outline to the jury, or to a judge in a bench trial, of the anticipated evidence to be shown.
Polling the jury
A procedure in which each individual juror is asked whether he or she agrees with the verdict given by the jury foreperson.
Preliminary injuction
An injunction issued by a court before hearing the merits of a case.
Prima facie case
Legally sufficient as proof unless rebutted or contradicted by other evidence is what is expected in the opening statement.
Questions of fact
Questions about the activities that took place between the parties which caused them to go to court.
Questions of law
Questions about the application or interpretation of the law.
Real evidence
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.
Rebuttal case
Introducing evidence that will cancel the effect of the evidence introduced by the other side.
Re-cross-examination
Defendant’s attorney may follow up after a redirect examination.
Redirect examination
The plaintiff’s attorney may conduct an examination on issues brought up in the cross-examination.
Relevant evidence
Evidence tending to prove or disprove an alleged factual issue in dispute at trial.
Remand
To send back.
Reversal
The decision of a court of appeal that the judgment of a lower court was incorrect, requiring the case to be retried.
Ripe for judgment
The stage of a trial at which everything has been completed except the court’s decision.
Sequestered
Isolated or set apart.
Set aside
Make void; also called a reverse.
Summation
Final statement by an attorney summarizing the evidence that has been introduced; also called closing argument.
Testimonial evidence
Oral testimony of a witnesses made under oath in open court.
Vacate
To annul.
Verdict
Decision of the jury.
Verdict contrary to law
The jury’s verdict is incorrect as a matter of law.
