Terminology Flashcards
science of the law, study of the law that affects you and use to your advantage
jurisprudence
what are chiropractors more likely than not to do
see the inside of a courtroom
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
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 side’s legal and factual arguments
brief
About appeals; an appellate court has the power to review the judgment of a lower court (trial court) or tribunal. For example, the U.S. circuit courts of appeals review the decisions of the U.S. district courts
appellate
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 defendant’s 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 more 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.
class action
Money that a defendant pays a plaintiff in a civil case if the plaintiff has won. Damages may be compensatory (for loss or injury) or punitive (to punish and deter future misconduct)
damages
A judge’s statement about someone’s rights. For example, a plaintiff may seek a declaratory judgment that a particular statute, as written, violates some constitutional right.
declaratory judgement
An individual (or business) against whom a lawsuit is filed.
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 defendant’s constitutional or statutory rights is not admissible at trial.
exclusionary rule
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 probable cause to believe an individual committed an offense.
grand jury
A court order preventing one or more named parties from taking some action. A preliminary injunction often is issued to allow fact-finding, so a judge can determine whether a permanent injunction is justified.
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 judge’s directions to the jury before it begins deliberations regarding the factual questions it must answer and the legal rules that it must apply.
jury instructions
An offense punishable by one year of imprisonment or less.
misdemeanor
An invalid trial, caused by fundamental error. When a mistrial is declared, the trial must start again with the selection of a new jury.
mistrial
request by a litigant to a judge for a decision on an issue relating to the case
motion
No contest. A plea of nolo contendere 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
A judge’s written explanation of the decision of the court.
opinion
A person or business that files a formal complaint with the court.
plaintiff
In a criminal case, the defendant’s 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.
pleading
A court decision in an earlier case with facts and legal issues similar to a dispute currently before a court
precedent
To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government
prosecute
to send back (often when superior court sends a case back to inferior court for retrial)
remand
The act of a court setting aside the decision of a lower court. A reversal is often accompanied by a remand to the lower court for further proceedings.
reverse
A penalty or other type of enforcement used to bring about compliance with the law or with rules and regulations.
sanction
Parties to a lawsuit resolve their dispute without having a trial. 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.
settlement
Degree of proof required. In criminal cases, prosecutors must prove a defendant’s guilt “beyond a reasonable doubt.”
standard of proof/burden of proof
A law passed by a legislature.
statute
The time within which a lawsuit must be filed or a criminal prosecution begun. The deadline can vary, depending on the type of civil case or the crime charged.
statute of 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. A change of venue is a change or transfer of a case from one judicial district to another.
venue
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 U.S. Supreme Court directing the lower court to transmit records for a case which it will hear on appeal.
writ of certiorari
one who appeals
appellant
state v. defendant
criminal action
right to speedy and public trial by jury, informed of nature and cause of accusation, guaranteed knowledge of cause
6th Ammendment
who cannot violate your constitutional right unless shown proof that they are acting in place of the state
private citizen/entity
who can violate constitutional rights
government
