Midterm Flashcards
a request made after a trial by a party that has lost on one or more issues that a higher court review the decision to determine if it was correct
appeal
to make such a request after a trial by a party that has lost is..
to appeal
one who appeals is called
the appellant
the other party that didn’t appeal is called the
appellee
a trial without a jury, in which the judge serves as the fact finder
bench trial
a written statement submitted in a trial or appellate proceeding that explains one sides legal and factual arguments
brief
the duty to prove disputed facts. in civil cases, a plaintiff generally has the burden of proving his or her case. in criminal cases, the government has the burden of proving the defendants guilt
burden of proof
the law as established in previous court decisions. A synonym for legal precedent. Akin to common law, which springs from tradition and judicial decisions
case law
a legal claim
cause of action
a lawsuit in which one or moe members of a large group, or class of individuals or other entities sue on behalf of the entire class. the district court must find that the claims of the class members contain questions of law or fact in common before the lawsuit can proceed as a
class action
the legal system that originated in england and is now in use in the united states, which relies on the articulation of legal principles in a historical succession of judicial decisions.
common law
how can common law principles be changed by
legislation
an agreement between two or more people that creates an obligation to do or not to do a particular thing
contract
money that a defendant pays a plaintiff in a civil case if the plaintiff has won.
damages
damages may be compensatory
loss or injury
damages may be punitive
to punish and deter future misconduct
a judges statement about someone’s rights
declaratory judgement
give an example of declaratory judgement
a plaintiff may seek a declaratory judgement that a particular statue, as written, violates some constitutional right
in a civil base, the person or organization against whom the plaintiff brings suit; in a criminal case, the person accused of the crime
defendant
procedures used to obtain disclosure of evidence before trial
discovery
in criminal law, the constitutional guarantee that a defendant will receive a fair and impartial trial
in civil law, the legal rights of someone who confronts an adverse action threatening liberty or property
due process
information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case in favor of one side or the other
evidence
doctrine that says evidence obtained in violation of a criminal defendants constitutional or statutory rights is not admissible at trial
exclusionary rule
what is the exclusionary rule also referred to as
the fruit of poisonous tree