Trial Terms Flashcards
Presumption of innocence
The principle that one is considered innocent unless proven guilty.
Void dire
Refers to the process by which prospective jurors are question about their background potential biases before being chosen to sit on a jury.
Opening statement
Introductory remarks made by an attorney at the commencement of a trial in which she outlines the evidence that is expected to be proven.
Beyond reasonable doubt
The standard of proof used to convict defendants charged with crimes. It is proof that makes you firmly convinced of the defendants guilt.
Burden of proof
The duty placed upon a party to prove or disprove a disputed fact.
Evidence
Every type of proof legally presented at trial.
Direct evidence
Evidence in the form of testimony from the witness who actually saw, heard, or touched the subject of questioning.
Circumstantial Evidence
All evidence except testimony from eyewitness to the event, circumstantial evidence is used to help the juries, and further conclude that certain facts can be relied upon in determining a verdict.
Expert witness
A person who is permitted to testify at the trial because of special knowledge or proficiency in a particular field that is relevant to the case.
Direct examination
The questioning of the witness by the party that has called that witness to give evidence.
Cross examination
When the lawyer for the plaintive or the government has finished questioning a witness, the lawyer for the defendant may then cross examine a witness.
Direct examination/Recross examination
These are the lawyers chances to question the witness again, before that witness finish’s testifying. Judges have a great deal of leeway in deciding what kinds of questions to allow on redirect and recross examination.