Vocab 1

Question 1

adversary system

Answer 1

The trial methods used in the U.S. and some other countries, based on the belief that the trust can best be determined by giving opposing parties full opportunity to present and establish their evidence, and to test by cross-examination the evidence presented by their adversaries, under established rules of procedure before an impartial judge and/or jury.

Question 2

alternative dispute resolution

Answer 2

Processes that people can use to help resolve conflicts rather than going to court. Common ADR methods include mediation, arbitration and negotiation.

Question 3

Amicus curiae

Answer 3

A friend of the court; one not a party to a case who volunteers to offer information on a point of law or some other aspect of the case to assist the court in deciding a matter before it.

Question 4

appeal

Answer 4

A request by the losing party in a lawsuit that the judgment be reviewed by a higher court.

Question 5

appellant

Answer 5

The party who initiates an appeal. Sometimes called a petitioner.

Question 6

appellate court

Answer 6

A court having jurisdiction to hear appeals and review a trial court’s decision.

Question 7

appellee

Answer 7

The party against whom an appeal is taken, sometimes called a respondent.

Question 8

bar

Answer 8

The whole body of lawyers. The “case at bar” is the case currently being considered.

Question 9

brief

Answer 9

A written argument prepared by counsel to file in court setting forth both facts and law in support of a
case.

Question 10

burden of proof

Answer 10

In the law of evidence, the necessity or duty of affirmatively proving a fact or facts in dispute on an issue raised between the parties in a lawsuit. The responsibility of proving a point–the burden of proof– is not the same as the standard of proof. “Burden of proof” deals with which side must establish a point or points; “standard of proof” indicates the degree to which the point must be proven. For example, in a civil case the burden of proof rests with the plaintiff, who must establish his or her case by such standards of proof as “a preponderance of evidence” or “clear and convincing evidence.”

Question 11

case law

Answer 11

Law based on previous decisions of appellate courts, particularly the Supreme Court.

Question 12

certiorari

Answer 12

“To make sure.” A request for certiorari is an appeal which the higher court is not required to grant. If it does, then it agrees to hear the case, and a writ of certiorari is issued commanding officials of inferior courts to convey the record of the case to the higher court.

Question 13

civil case

Answer 13

A case involving disputes between two or more people, between people and companies, or between people and government agencies.

Question 14

common law

Answer 14

The term generally refers to the “judge-made law” (case law or decision law). The common law originated in England in the rulings of judges based on tradition and custom. These rulings became the law common to the land. Common law is distinguished from statutes (laws enacted by legislatures).

Question 15

complaint

Answer 15

The first legal document filed in a civil lawsuit. It includes a statement of the wrong or harm done to the plaintiff by the defendant and a request for a specific remedy from the court. A complaint in a criminal case is a sworn statement regarding the defendant’s actions that constitute a crime.

Question 16

criminal case

Answer 16

A case brought by the government, through a prosecutor, against a person thought to have broken the law. (Criminal law is a broad field of the law involving action taken by the state against a person accused of committing a crime.)

Question 17

crime

Answer 17

An act, or failure to act, forbidden by law and designated a crime in the statutes.

Question 18

decision

Answer 18

The judgment reached or given by a court of law.

Question 19

decree

Answer 19

An order of the court. A final decree is one which fully and finally disposes of the litigation; an interlocutory decree is one that often disposes of only part of a lawsuit.

Question 20

defendant

Answer 20

In a civil case, the person being sued. In a criminal case, the person charged with a crime.

Question 21

dispute

Answer 21

A conflict of claims or rights for which a legal suit may be brought.

Question 22

dissent

Answer 22

The disagreement of one or more judges with the decision of the majority.

Question 23

due process of law

Answer 23

Law in its regular administration through the courts of justice; the guarantee of due process requires that every person be protected by a fair trial; i.e., the right to an impartial judge and jury, the right to present evidence on one’s own behalf, the right to confront one’s accuser, the right to be represented by counsel, etc.

Question 24

enjoin

Answer 24

To issue an injunction, i.e., to issue a court order prohibiting an act.

Question 25

equal protection of the law

Answer 25

The guarantee in the Fourteenth Amendment to the U.S. Constitution that all persons be treated equally by the law. Court decisions have established that this guarantee requires that courts be open to all persons on the same conditions, with like rules of evidence and modes of procedure; that persons be subject to no restriction in the acquisition of property, the enjoyment of personal liberty, and the pursuit of happiness, which do not generally affect others; that persons are liable to no other or greater burdens than such laid upon others; and that no different or greater punishment is enforced against them for a violation of the laws.

Question 26

federalism or federal system

Answer 26

As applied to the United States, a division of powers between the federal or U.S. government and the governments of the fifty states. The states have powers of their own, such as power to create a public school system. The federal government has powers such as the control over coinage and the regulating of foreign trade. Both have concurrent powers in such areas as taxation and public health and welfare.

Question 27

felony

Answer 27

A most serious crime with penalties of imprisonment ranging from a year and a day to life, or, in some states, punishable by death.

Question 28

finding

Answer 28

Formal conclusion by a judge or regulatory agency on issues of fact; also a conclusion by a jury regarding a fact.

Question 29

grand jury

Answer 29

A jury of inquiry that hears evidence and, if satisfied that there is a probable cause that a crime was committed, presents an indictment. A petit jury is the jury in a criminal trial that decides the guilt or innocence of the accused.

Question 30

grievance

Answer 30

A legal dispute.

Question 31

grounds

Answer 31

The basis or foundation for some action; legal reasons for filing a lawsuit.

Question 32

homicide

Answer 32

The killing of one person by another.

Question 33

impartial

Answer 33

Objective; provision of the Sixth Amendment to the U.S. Constitution requiring the judge or a jury not to favor one party over another or to prejudge the merits of the case.

Question 34

indictment

Answer 34

A formal charge or accusation of criminal action.

Question 35

injunction

Answer 35

A court order prohibiting a threatened or continuing act.

Question 36

judicial review

Answer 36

The power of the Supreme Court to declare an act of Congress unconstitutional. Marbury v. Madison is the classic case of judicial review.

Question 37

legislative history

Answer 37

Background of action by a legislature, including testimony before committees, written reports and debates on the legislation.

Question 38

litigation

Answer 38

The process of resolving a dispute over legal rights in court.

Question 39

misdemeanor

Answer 39

Less serious crime; in Minnesota punishable by 90 days in jail and/or $500 fine. Gross misdemeanor is a less serious class of crime with penalties of imprisonment from 91 days to one year or a fine greater than $500 or both. A petty misdemeanor is a minor offense for which one may be fined.

Question 40

moot

Answer 40

A moot case or a moot point is one not subject to a judicial determination because it involves an abstract question or a pretended controversy which has not yet actually arisen or has already passed. Mootness usually refers to a court’s refusal to consider a case because the issue involved has been resolved prior to the court’s decision, leaving nothing which would be affected by the court’s decision.

Question 41

motion

Answer 41

An application for a rule or order, made to a court or judge.

Question 42

opinion

Answer 42

A written statement of a judge setting forth the reasons for a decision and explaining his or her interpretation of the law applicable to the case. A majority opinion represents the views of more than half of the judges who participated in the case. A plurality opinion represents the view of the greatest number of judges, but less than half of those who hears the case. For example, suppose nine judges hear a case and decide it by a five-to-four vote. If all five agree in their reasons for the decision and join in an opinion stating those reasons, it would be a majority opinion. However, if three of the five agree on the reasoning and the other two agree with the decision but not with the reasoning, the opinion of the three would be a plurality opinion. A dissenting opinion is one which disagrees with the decision of the majority. A concurring opinion agrees with the decision of the majority, but differs from the reasoning of the majority opinion.

Question 43

ordinance

Answer 43

The laws passed by city government.

Question 44

overrule

Answer 44

To overturn; as, for example, when a court of appeals decides that a previous decision in a different case, by that court or by a lower court, was incorrect. After a case has been overruled it can no longer be referred to as a precedent.

Question 45

perjury

Answer 45

Lying under oath.

Question 46

plaintiff

Answer 46

The complaining party to litigation; one who initiates the court action.

Question 47

precedent

Answer 47

A prior judicial decision that serves as an example or rule to authorize or justify another.

Question 48

prosecutor

Answer 48

A public officer who conducts criminal proceedings on behalf of the people (i.e., the government’s attorney in a criminal case).

Question 49

public defender

Answer 49

A public officer who provides Constitutionally-guaranteed defense for those who are accused of criminal offenses but cannot afford to hire an attorney.

Question 50

ratification

Answer 50

The process of approving an amendment to the U.S. Constitution, which is spelled out in Article 5 of that document.
relief Deliverance from oppression, wrong, or injustice; a general designation of the assistance, redress, or benefit which a plaintiff seeks at the hands of the court.

Question 51

remand

Answer 51

To send back to a lower court, a higher court can remand a case to a lower court with instructions to carry out certain orders.

Question 52

remedy

Answer 52

Legal or judicial means by which a right or privilege is enforced or the violation of a right or privilege is prevented, redressed, or compensated.

Question 53

reverse

Answer 53

To overturn the ruling of a lower court.

Question 54

standard of proof

Answer 54

The level of evidence necessary to prevail in a legal case. It varies depending on the nature of the case. The standard is “beyond a reasonable doubt” (the jury has a higher degree of certainty about the defendant’s guilt although need not be 100% convinced) in criminal cases, and “preponderance of the evidence” or “clear and convincing evidence” (the majority of the evidence) in most civil cases.

Question 55

statutory law

Answer 55

Law enacted by the legislative branch of government, as distinguished from case law or common law. A statute is an act of the legislature declaring, commanding or prohibiting something. Regulation refers to rules made by government agencies that carry out the intent of a statute.

Question 56

stay

Answer 56

To stop or hold off. To stay a judgment is to prevent it from being enforced.

Question 57

subpoena

Answer 57

A process which requires a person to appear as a witness and give testimony in court.

Question 58

supreme court

Answer 58

The highest court of most states; the highest court of the United States. The U.S. Supreme Court is made up of a chief justice and eight associate justices appointed by the president. Supreme Court decisions must be followed by lower courts in similar cases. However, the Supreme Court itself need not abide by its earlier decisions if it becomes convinced that circumstances demand a new approach. After a major decision by the Supreme Court, legislatures often revise laws to bring them into accord with the Constitution as interpreted by the decision

Question 59

supremacy clause

Answer 59

Article 6, clause 2 of the Constitution, which declares the federal Constitution and laws to be binding over the state constitutions and laws.

Question 60

trier of fact

Answer 60

The judge or jury when deciding the events that actually happened as proven in a trial. A court trial is a type of trial where the judge is the trier of fact as well as law. A jury trial is a type of trial where the jury is the trier of fact.

Question 61

voir dire

Answer 61

The process of selecting a jury.

Question 62

warrant

Answer 62

A court order calling for the arrest of the person named for a specific charge or the search of a specified area.

Question 63

acquittal

Answer 63

A finding of “not guilty,” certifying the innocence of a person charged with a crime.