Unit 2 Flashcards
Negotiation
The process of 2 legal parties bargaining and discussing in order to reach an agreement
Settlement
Ends a conflict and dismisses the charges of a defendant, usually money
Arbitration
An alternative method to court where the 2 parties have their case heard by a third party outside the court
Mediation
The process of meeting an agreement with a neutral person assisting the negotiation process
Adversarial System
Where 2 advocates represent their party’s case before an impartial jury or judge
Inquisitional System
Settles disputes through extensive investigation and examination of all evidence by the judge
Plea Bargain
Agreements between sides where the defendant pleads guilty in order to serve a lesser sentence
Voir Dire
To “speak the truth”, jurors go through this process to determine their suitability for jury duty
Appeals Court
A higher court that reviews appeals from lower courts
Dissenting Opinion
Separate judicial opinion of an appellate judge who disagreed with the majority’s decision
Concurring Opinion
An opinion that agrees with the majority opinion but not with the rationale behind it
Probate Court
Courts of limited jurisdiction that hears matters surrounding a person’s death
Inherent Powers
Powers given directly to an entity
Delegated Power
Powers given to the courts
Petition of Certiorari
Issues when SCOTUS agrees to hear a case
Stare Decisis
Means “to stand by things decided”
Litigation
Prepares cases for trial, conducts discovery, and pretrial motions
Retainer
Type of compensation agreement with lawyers for reserving their employment or future services
Contingency Fee
Form of payment to a lawyer for legal services
Attorney-Client Privilege
Keeps communications between attorney and their client confidential
Disbarred
The removal of an attorney’s license to practice law
Legal Malpractice
The term for negligence, breach of fiduciary duty, or breach of contract by a lawyer that causes harm to the client
Amendment 6
Right to speedy jury trial
Amendment 7
Right to civil trial
Briefs
Facts of case given to court
Oral Argument
Question and answering session
What federal district do we live in?
York County
Federal court structure
Silly Cool Dream: Supreme Court US, Circuit Court US, District Courts (Appeals in-between all)
State court structure
Sour Straws In Mouth: Supreme Court US, State Supreme Court, Intermediate Court of Appeals, Municipal Court (Appeals in-between all)
4 Major opinions given by courts
Unanimous, majority, concurring, dissenting
Steps of a trial
Opening, Direct by P, Cross by D, Motions, Direct by D, Cross by P, Closing by P, Closing by D, Rebuttal, Jury Instruction, Verdict
Steps of mediation session
Intro, story, identifying positions, identifying solutions, revising solutions, reaching agreement
3 Ways to reach a settlement
Negotiation, Arbitration, Mediation
Steps to get the Supreme Court to hear your case
WBOO: Writ of Certiorari, Briefs, Oral Arguments, Opinion
4 Instances that require a lawyer
Buying a house, making a will, organizing a business, sign contract
