Unit 2 Flashcards

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1
Q

Negotiation

A

The process of 2 legal parties bargaining and discussing in order to reach an agreement

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2
Q

Settlement

A

Ends a conflict and dismisses the charges of a defendant, usually money

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3
Q

Arbitration

A

An alternative method to court where the 2 parties have their case heard by a third party outside the court

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4
Q

Mediation

A

The process of meeting an agreement with a neutral person assisting the negotiation process

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5
Q

Adversarial System

A

Where 2 advocates represent their party’s case before an impartial jury or judge

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6
Q

Inquisitional System

A

Settles disputes through extensive investigation and examination of all evidence by the judge

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7
Q

Plea Bargain

A

Agreements between sides where the defendant pleads guilty in order to serve a lesser sentence

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8
Q

Voir Dire

A

To “speak the truth”, jurors go through this process to determine their suitability for jury duty

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9
Q

Appeals Court

A

A higher court that reviews appeals from lower courts

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10
Q

Dissenting Opinion

A

Separate judicial opinion of an appellate judge who disagreed with the majority’s decision

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11
Q

Concurring Opinion

A

An opinion that agrees with the majority opinion but not with the rationale behind it

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12
Q

Probate Court

A

Courts of limited jurisdiction that hears matters surrounding a person’s death

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13
Q

Inherent Powers

A

Powers given directly to an entity

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14
Q

Delegated Power

A

Powers given to the courts

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15
Q

Petition of Certiorari

A

Issues when SCOTUS agrees to hear a case

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16
Q

Stare Decisis

A

Means “to stand by things decided”

17
Q

Litigation

A

Prepares cases for trial, conducts discovery, and pretrial motions

18
Q

Retainer

A

Type of compensation agreement with lawyers for reserving their employment or future services

19
Q

Contingency Fee

A

Form of payment to a lawyer for legal services

20
Q

Attorney-Client Privilege

A

Keeps communications between attorney and their client confidential

21
Q

Disbarred

A

The removal of an attorney’s license to practice law

22
Q

Legal Malpractice

A

The term for negligence, breach of fiduciary duty, or breach of contract by a lawyer that causes harm to the client

23
Q

Amendment 6

A

Right to speedy jury trial

24
Q

Amendment 7

A

Right to civil trial

25
Q

Briefs

A

Facts of case given to court

26
Q

Oral Argument

A

Question and answering session

27
Q

What federal district do we live in?

A

York County

28
Q

Federal court structure

A

Silly Cool Dream: Supreme Court US, Circuit Court US, District Courts (Appeals in-between all)

29
Q

State court structure

A

Sour Straws In Mouth: Supreme Court US, State Supreme Court, Intermediate Court of Appeals, Municipal Court (Appeals in-between all)

30
Q

4 Major opinions given by courts

A

Unanimous, majority, concurring, dissenting

31
Q

Steps of a trial

A

Opening, Direct by P, Cross by D, Motions, Direct by D, Cross by P, Closing by P, Closing by D, Rebuttal, Jury Instruction, Verdict

32
Q

Steps of mediation session

A

Intro, story, identifying positions, identifying solutions, revising solutions, reaching agreement

33
Q

3 Ways to reach a settlement

A

Negotiation, Arbitration, Mediation

34
Q

Steps to get the Supreme Court to hear your case

A

WBOO: Writ of Certiorari, Briefs, Oral Arguments, Opinion

35
Q

4 Instances that require a lawyer

A

Buying a house, making a will, organizing a business, sign contract