Terminology Flashcards

1
Q

What does impanel the jury mean?

A

To choose people to serve on a jury.

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2
Q

Who generally has the burden of proof?

A

The prosecution.

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3
Q

What does the phrase “Beyond a Reasonable Doubt” mean?

A

It is the standard that must be met by the prosecution’s evidence in a criminal prosecution. There is no other logical explanation that the defendant committed the crime (overcoming the presumption that a person is innocent until proven guilty).

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4
Q

What is an eye witness?

A

Someone who was at the scene of the crime and saw what happened.

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5
Q

What is an expert witness?

A

Someone who was not at the scene of the crime, but is presented in court to give their opinion on the matter (such as a medical doctor).

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6
Q

What are some examples of expert witnesses?

A

Psychologists, Medical Doctors, Ballistic Experts.

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7
Q

What are ballistic experts?

A

People who are knowledgeable with firearms.

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8
Q

What’s the difference between eye witnesses and expert witnesses?

A

The eye witness just tells the facts. Expert witnesses give their opinion.

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9
Q

What is another name for judgment of acquittal?

A

Directed verdict or directed verdict of acquittal.

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10
Q

What does the phrase “The prosecution rests” mean?

A

The prosecution has presented all of their evidence before the judge and council.

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11
Q

What is the direct examination?

A

The first set of questions asked to a witness on the stand.

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12
Q

What is a cross examination?

A

The second set of questions asked to a witness on the stand.

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13
Q

What does the phrase “defense rests its case” mean?

A

The defense has presented all of the evidence before the judge and council.

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14
Q

What does it mean when the jury deliberates the case?

A

It means that the jury is carefully weighing and discussing the case after both the prosecution and defense rests their case and the judge gives jury instructions.

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15
Q

What does it mean when the judge gives jury instructions?

A

The judge describes the laws and ordinances that pertain to the case so that jury is well-informed.

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16
Q

What does deliberate mean?

A

Deliberate means to think about and weigh or discuss issues and decisions carefully.

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17
Q

What does acquit mean?

A

Acquit means to discharge completely or to absolve a defendant.

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18
Q

What is a judgment of acquittal?

A

A judgement that is rendered upon motion of the court of defense at the close of the evidence that acquits the defendant of one or more of the offenses because evidence is insufficient to sustain a conviction.

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19
Q

What does absolve mean?

A

To set someone free from an obligation or the consequences of guilt.

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20
Q

What is a prosecutor?

A

A lawyer in a criminal case who tries to prove that the accused person is guilty.

21
Q

What is an indictment?

A

A formal written statement framed from the prosecuting authority and found by a jury charging a person with an offense.

22
Q

What is an arraignment?

A

To call an accused person before a court to answer the charges made against him/her by indictment, information, or complaint.

23
Q

Who is the defendant?

A

The person being sued or accused of a crime in a court of law.

24
Q

What is the defense (defense bar)?

A

The lawyers who represent the defendant.

25
Q

Prosecution

A

The lawyers who are trying to prove that the defendant is guilty.

26
Q

Court Clerk

A

A person whose job is to keep records or accounts and issue writs.

27
Q

Writ

A

An order in writing signed by an officer of a court ordering someone to do or not to do something.

28
Q

Plantiff

A

A person who brings a legal action against the defendant.

29
Q

Synonym for plantiff

A

One who complains/ complainant

30
Q

Bench trial

A

A trial without the jury. The judge makes the decisions.

31
Q

Indict

A

To charge someone with a crime in front of a grand jury.

32
Q

Bail

A

Paying money in order to be released from prison and with the guarantee that the prisoner will return for trial.

33
Q

What is a voir dire

A

The process of questioning prospective jurors to determine which are qualified and suited for service on a jury.

34
Q

What is the process of a peremptory challenge?

A

After a voir dire, the judge, attorneys, and bailiff gather and present any challenges against jury. Judge asks attorney’s for challenges and they may be presented. Persons can/will be called off the jury if challenges are mentioned.

35
Q

What is a challenge?

A

Objection to someone or something as not being qualified.

36
Q

What is a challenge for cause?

A

When someone is unqualified due to legitimate reasons (such as sick, conflict of interest, etc.)

37
Q

What does impanel mean?

A

To call or enroll someone on a panel.

38
Q

What is the burden of proof?

A

Responsibility of presenting evidence in support of a fact or issue.

39
Q

What does verdict mean?

A

A decision or conclusion on a matter submitted in trial.

40
Q

In a criminal case, the verdict must be…

A

Unanimous.

41
Q

What is a hung jury?

A

When the jury cannot make a unanimous vote and leads to a mistrial.

42
Q

Before a person has been charged with a crime, they are considered…

A

suspects

43
Q

During the arraignment, the defendant is informed of the charges against him or her and asked to enter….

A

a please to the charges

44
Q

Given the right conditions a defendant sometimes can be allowed to leave the jail without posting a bond. What’s this called?

A

Own recognizance

45
Q

After choosing the people who are going to serve as the jury in a trial, the judge and attorneys will decide who will b added to the panel as____ jurors.

A

Alternate

46
Q

If a person is acquitted of criminal charges, this means they were found to be…

A

not guilty of the charges

47
Q

Before a case goes to trial, attorneys for both sides usually present different_______ to the court for their consideration.

A

motions

48
Q

What’s a sidebar?

A

A private conversation with the attorney and judge. Both defense and prosecution are present.

49
Q

What is a warrant?

A

A document issued by court that gives the police to do something (like arrest someone).