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
a serious crime, usually punishable by at least one year in prison
felony
a body of 16-23 citizens who listen to evidence of criminal allegations, which is presented by the prosecutors, and determine whether there is probably cause to believe an individual committed an offense.
grand injury
a court order preventing one or more named parties from taking some action
injunction
type of injection issued to allow fact-finding, so a judge can determine whether a permanent injunction is justified
preliminary injunction
the official decision of a court finally resolving the dispute between the parties to the lawsuit
judgement
the group of persons selected to hear the evidence in a trial and render a verdict on matters of fact
jury
a judges directions to the jury before it begins deliberations regarding the factual questions it must answer and ht legal rules that it must apply
jury instructions
a legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty which resulted in harm to the plaintiff
lawsuit
a case, controversy, or lawsuit. participants (plaintiffs and defendants) in lawsuits are called
litigation
an offense punishable by one year of imprisonment or less
misdemeanor
an invalid trial, caused by fundamental error
mistrial
the trial must start again with the selection of a new jury
when a mistrial is declared
a request by litigant to a judge for a decision on an issue relating to the case
motion
this has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose
nolo contendere (no contest)
a judges written explanation of the decision of the court
opinion (read slide)
slide 30
a person or business that files a formal complaint with he court
plaintiff
in a criminal case, the defendants statement pleading “guilty” or “not guilty” in answer to the charges
plea
written statements filed with the court that describe a party’s legal or factual assertions about the case
pleadings
a cour decision in an earlier case with facts and legal issues similar to a dispute currently before a court
precedent ( read slide 32)
to charge someone with a crime
prosecute
a prosecutor tries a criminal case on behalf of the
government
send back.
remand
when do remands often occur
when a superior court sends a case back to the inferior court for a retrial
the act of a court setting aside the decision of a lower court
reverse
what is a reversal often accompanied by
by a remand to the lower court for further proceedings
a penalty or other type of enforcement used to bring about compliance with the law or with rules and regulations
sanction
the punishment ordered by a court for a defendant convicted of a crime
sentence
parties to a lawsuit resolve their dispute without having a trial
settlement
what do settlements often involve
the payment of compensation by one party in at least partial satisfaction of the other party’s claims, but usually do not include the admission of fault
degrees of proof required
standard of proof (or burden of proof)
in criminal cases, prosecutors must prove a defendant’s guilt
“beyond a reasonable doubt”
the majority of civil lawsuits require proof
“by a preponderance of the evidence”
50 % plus, but in some the standard is higher and requires “clear and convincing” proof
a law passed by a legislature
statute
the time within which a lawsuit must be filed or a criminal prosecution begun.
statute limitations
a civil, not criminal, wrong.
a negligent or intentional injury against a person or property, with the exception of breach of contract
tort
the geographic area in which a court has jurisdiction
venue
what is a change of venue
transfer of a case from one judicial district to another
the decision of a trial jury or a judge that determines the guilt or innocence of a criminal defendant, or that determines the final outcome of a civil case
verdict
jury selection process of questioning prospective jurors, to ascertain their qualifications and determine any basis for challenge
voir dire
court authorization, most often for law enforcement officers, to conduct a search or make an arrest
warrant
a person called upon by either side in a lawsuit to give testimony before the court or jury
witness
an order issued by the US supreme court directing the lower court to transmit records for a case which it will hear an appeal
writ of certiorari
case titles are usually “state of X v Defendant”
criminal action
this kind of action is brought against you when you break the law and commit “an offense against the state”
criminal action
remedies can include fines, jail time, community service, loss of privileges, deportation
criminal action
the parties in these cases are called The State and The Defendant
criminal action
you have a constitutional right to demand a trial by jury, but it isn’t absolutely necessary
its your choice and not always the best one
criminal action
in all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with he witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense
amendment 6 of the US constitution
cases titles are usually “plaintiff v defendant”
civil action
this kind of action is brought against you or can be brought by you when a legal right has been violated by a private entity or person
civil action
remedies can include money damages, injunctions, declaratory judgements, awards of property, modification of agreements, remanding to rehearing
civil action
the parties in these cases are plaintiff and defendant in original jurisdiction or petitioner and respondent in appellate jurisdiction
civil action
you have the right to initiate these cases, but the court can refuse to hear them
civil action
if someone is suing someone else
it is a civil case
if the state is prosecuting someone for a crime
it is a criminal case
a private citizen or entity CANNOT VIOLATE YOUR CONSTITUTIONAL RIGHTS unless
they are found to be acting in the place of the state by a finder of fact
ONLY THE GOVERNMENT CAN VIOLATE YOUR CONSTITUTIONAL RIGHTS unless
the above(very unlikely) exception is found
you may file an appeal of your case in a higher court, but you may not have a RIGHT to do this, depending on the case
appeals
you may also negotiate a settlement outside of court, which often yields themes favorable outcomes
appeals
some courts, notably the SCOTUS, must grant your case certiorari, or “cert”, before your case can be heard before them
appeals
