terms1 Flashcards
Admissible
A term used to describe evidence that may be considered by a jury or judge in civil and criminal cases.
Affidavit
A written or printed statement made under oath.
Affirmed
In the practice of the court of appeals, it means that the court of appeals has concluded that the lower court decision is correct and will stand as rendered by the lower court.
Alternative dispute resolution (ADR)
A procedure for settling a dispute outside the courtroom. Most forms of ADR are not binding, and involve referral of the case to a neutral party such as an arbitrator or mediator.
Answer
The formal written statement by a defendant in a civil case that responds to a complaint, articulating the grounds for defense.
Appeal
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. To make such a request is “to appeal” or “to take an appeal.” One who appeals is called the “appellant;” the other party is the “appellee.”
Appellant
The party who appeals a district court’s decision, usually seeking reversal of that decision.
Appellate
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.
Appellee
The party who opposes an appellant’s appeal, and who seeks to persuade the appeals court to affirm the district court’s decision.
Arraignment
A proceeding in which a criminal defendant is brought into court, told of the charges in an indictment or information, and asked to plead guilty or not guilty.
Assets
Property of all kinds, including real and personal, tangible and intangible.
Bench trial
A trial without a jury, in which the judge serves as the fact-finder.
Brief
A written statement submitted in a trial or appellate proceeding that explains one side’s legal and factual arguments.
Burden of proof
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. (See standard of proof.)
Capital offense
A crime punishable by death.
Case file
A complete collection of every document filed in court in a case
Caseload
The number of cases handled by a judge or a court.
Cause of action
A legal claim.
Chief judge
The judge who has primary responsibility for the administration of a court; chief judges are determined by seniority
Claim
A creditor’s assertion of a right to payment from a debtor or the debtor’s property.
Class 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.
Clerk of court
The court officer who oversees administrative functions, especially managing the flow of cases through the court. The clerk’s office is often called a court’s central nervous system.
