Terminology Flashcards
science of the law, study of the law that affects you and use to your advantage
jurisprudence
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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
