Midterm

Question 1

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

Answer 1

appeal

Question 2

to make such a request after a trial by a party that has lost is..

Answer 2

to appeal

Question 3

one who appeals is called

Answer 3

the appellant

Question 4

the other party that didn’t appeal is called the

Answer 4

appellee

Question 5

a trial without a jury, in which the judge serves as the fact finder

Answer 5

bench trial

Question 6

a written statement submitted in a trial or appellate proceeding that explains one sides legal and factual arguments

Answer 6

brief

Question 7

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

Answer 7

burden of proof

Question 8

the law as established in previous court decisions. A synonym for legal precedent. Akin to common law, which springs from tradition and judicial decisions

Answer 8

case law

Question 9

a legal claim

Answer 9

cause of action

Question 10

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

Answer 10

class action

Question 11

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.

Answer 11

common law

Question 12

how can common law principles be changed by

Answer 12

legislation

Question 13

an agreement between two or more people that creates an obligation to do or not to do a particular thing

Answer 13

contract

Question 14

money that a defendant pays a plaintiff in a civil case if the plaintiff has won.

Answer 14

damages

Question 15

damages may be compensatory

Answer 15

loss or injury

Question 16

damages may be punitive

Answer 16

to punish and deter future misconduct

Question 17

a judges statement about someone’s rights

Answer 17

declaratory judgement

Question 18

give an example of declaratory judgement

Answer 18

a plaintiff may seek a declaratory judgement that a particular statue, as written, violates some constitutional right

Question 19

in a civil base, the person or organization against whom the plaintiff brings suit; in a criminal case, the person accused of the crime

Answer 19

defendant

Question 20

procedures used to obtain disclosure of evidence before trial

Answer 20

discovery

Question 21

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

Answer 21

due process

Question 22

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

Answer 22

evidence

Question 23

doctrine that says evidence obtained in violation of a criminal defendants constitutional or statutory rights is not admissible at trial

Answer 23

exclusionary rule

Question 24

what is the exclusionary rule also referred to as

Answer 24

the fruit of poisonous tree

Question 25

a serious crime, usually punishable by at least one year in prison

Answer 25

felony

Question 26

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.

Answer 26

grand injury

Question 27

a court order preventing one or more named parties from taking some action

Answer 27

injunction

Question 28

type of injection issued to allow fact-finding, so a judge can determine whether a permanent injunction is justified

Answer 28

preliminary injunction

Question 29

the official decision of a court finally resolving the dispute between the parties to the lawsuit

Answer 29

judgement

Question 30

the group of persons selected to hear the evidence in a trial and render a verdict on matters of fact

Answer 30

jury

Question 31

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

Answer 31

jury instructions

Question 32

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

Answer 32

lawsuit

Question 33

a case, controversy, or lawsuit. participants (plaintiffs and defendants) in lawsuits are called

Answer 33

litigation

Question 34

an offense punishable by one year of imprisonment or less

Answer 34

misdemeanor

Question 35

an invalid trial, caused by fundamental error

Answer 35

mistrial

Question 36

the trial must start again with the selection of a new jury

Answer 36

when a mistrial is declared

Question 37

a request by litigant to a judge for a decision on an issue relating to the case

Answer 37

motion

Question 38

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

Answer 38

nolo contendere (no contest)

Question 39

a judges written explanation of the decision of the court

Answer 39

opinion (read slide) | slide 30

Question 40

a person or business that files a formal complaint with he court

Answer 40

plaintiff

Question 41

in a criminal case, the defendants statement pleading "guilty" or "not guilty" in answer to the charges

Answer 41

plea

Question 42

written statements filed with the court that describe a party's legal or factual assertions about the case

Answer 42

pleadings

Question 43

a cour decision in an earlier case with facts and legal issues similar to a dispute currently before a court

Answer 43

precedent ( read slide 32)

Question 44

to charge someone with a crime

Answer 44

prosecute

Question 45

a prosecutor tries a criminal case on behalf of the

Answer 45

government

Question 46

send back.

Answer 46

remand

Question 47

when do remands often occur

Answer 47

when a superior court sends a case back to the inferior court for a retrial

Question 48

the act of a court setting aside the decision of a lower court

Answer 48

reverse

Question 49

what is a reversal often accompanied by

Answer 49

by a remand to the lower court for further proceedings

Question 50

a penalty or other type of enforcement used to bring about compliance with the law or with rules and regulations

Answer 50

sanction

Question 51

the punishment ordered by a court for a defendant convicted of a crime

Answer 51

sentence

Question 52

parties to a lawsuit resolve their dispute without having a trial

Answer 52

settlement

Question 53

what do settlements often involve

Answer 53

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

Question 54

degrees of proof required

Answer 54

standard of proof (or burden of proof)

Question 55

in criminal cases, prosecutors must prove a defendant's guilt

Answer 55

"beyond a reasonable doubt"

Question 56

the majority of civil lawsuits require proof

Answer 56

"by a preponderance of the evidence" | 50 % plus, but in some the standard is higher and requires "clear and convincing" proof

Question 57

a law passed by a legislature

Answer 57

statute

Question 58

the time within which a lawsuit must be filed or a criminal prosecution begun.

Answer 58

statute limitations

Question 59

a civil, not criminal, wrong. | a negligent or intentional injury against a person or property, with the exception of breach of contract

Answer 59

tort

Question 60

the geographic area in which a court has jurisdiction

Answer 60

venue

Question 61

what is a change of venue

Answer 61

transfer of a case from one judicial district to another

Question 62

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

Answer 62

verdict

Question 63

jury selection process of questioning prospective jurors, to ascertain their qualifications and determine any basis for challenge

Answer 63

voir dire

Question 64

court authorization, most often for law enforcement officers, to conduct a search or make an arrest

Answer 64

warrant

Question 65

a person called upon by either side in a lawsuit to give testimony before the court or jury

Answer 65

witness

Question 66

an order issued by the US supreme court directing the lower court to transmit records for a case which it will hear an appeal

Answer 66

writ of certiorari

Question 67

case titles are usually "state of X v Defendant"

Answer 67

criminal action

Question 68

this kind of action is brought against you when you break the law and commit "an offense against the state"

Answer 68

criminal action

Question 69

remedies can include fines, jail time, community service, loss of privileges, deportation

Answer 69

criminal action

Question 70

the parties in these cases are called The State and The Defendant

Answer 70

criminal action

Question 71

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

Answer 71

criminal action

Question 72

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

Answer 72

amendment 6 of the US constitution

Question 73

cases titles are usually "plaintiff v defendant"

Answer 73

civil action

Question 74

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

Answer 74

civil action

Question 75

remedies can include money damages, injunctions, declaratory judgements, awards of property, modification of agreements, remanding to rehearing

Answer 75

civil action

Question 76

the parties in these cases are plaintiff and defendant in original jurisdiction or petitioner and respondent in appellate jurisdiction

Answer 76

civil action

Question 77

you have the right to initiate these cases, but the court can refuse to hear them

Answer 77

civil action

Question 78

if someone is suing someone else

Answer 78

it is a civil case

Question 79

if the state is prosecuting someone for a crime

Answer 79

it is a criminal case

Question 80

a private citizen or entity CANNOT VIOLATE YOUR CONSTITUTIONAL RIGHTS unless

Answer 80

they are found to be acting in the place of the state by a finder of fact

Question 81

ONLY THE GOVERNMENT CAN VIOLATE YOUR CONSTITUTIONAL RIGHTS unless

Answer 81

the above(very unlikely) exception is found

Question 82

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

Answer 82

appeals

Question 83

you may also negotiate a settlement outside of court, which often yields themes favorable outcomes

Answer 83

appeals

Question 84

some courts, notably the SCOTUS, must grant your case certiorari, or "cert", before your case can be heard before them

Answer 84

appeals