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AAERT > Vocab - Legal > Flashcards

Vocab - Legal Flashcards

1
Q

affidavit

A

written statement of facts made under oath

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2
Q

affiant

A

someone who signs an affidavit

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3
Q

aggravating circumstances

A

considerations which increase a sentence in criminal cases

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4
Q

mitigating circumstances

A

considerations which decrease a sentence in criminal cases

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5
Q

allocution

A

formal statement by CONVICTED defendant as to whether there is any reason judgment should not be rendered against him

  • when sentencing bargain is agreed to in exchange for a guilty plea, defendant must admit guilt
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6
Q

arbitration

A

dispute mediation by impartial third party

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7
Q

arraignment

A

bringing accused person to court to plea to a criminal charge

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8
Q

bail - own recognizance

A

commonly referred to as amount of money deposited as form of collateral to guarantee person charged with crime will appear in court when scheduled

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9
Q

bench conference

A

discussion between attorneys and judge outside the hearing of a courtroom audience/jury
- may or may not be on the record

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10
Q

bench warrant

A

authority to find and bring to court someone who has failed to appear

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11
Q

bifurcation

A

trial of certain issues separately (like guilt/penalty or complaint/damages)

-two-pronged

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12
Q

black letter law

A

basic principles of law, especially when published in statutes
Literal statements in the statutes

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13
Q

Black’s Law Dictionary

A

standard legal reference work
- includes abbreviations

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14
Q

standard of evidence

A

how much evidence is needed to bear the burden of proof

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15
Q

case in chief

A

primary presentation of evidence by a party

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16
Q

case law

A

printed decisions and opinions of appellate jurisdictions

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17
Q

writ of certiorari

A

appellate court order (especially Supreme Court) granting hearing to appellant
- if granted, lower court is ordered to provide certified record of the case for appellate judges to review

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18
Q

chain of custody

A

record showing proper maintenance of “real” evidence (such as narcotics or weapons), as opposed to mere documents

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19
Q

challenge

A

objection to having someone serve as a juror
- may be for cause or peremptory (no reason given)

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20
Q

chambers

A

judge’s office in a courthouse

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21
Q

charge to the jury

A

instructions from judge concerning the law which governs a case

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22
Q

chattel

A

article of personal or movable property

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23
Q

circuit court of appeal

A

federal appellate level immediately below the Supreme Court

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24
Q

cloud on title

A

claim or lien which impairs owner’s otherwise free right to use his property

to remove such a claim, an action is brought to QUIET TITLE

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25
Q

collateral estoppel

A

bar to re-litigating an issue that has already been tried between the same parties

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26
Q

common law

A

customary, old, or “judge-made” law, as opposed to “positive” or statutory law

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27
Q

conflict of interest

A

conflict between private interests and public obligations of someone in position of authority or trust

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28
Q

confront accusers

A

right of person accused of a crime to face those making the accusation

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29
Q

contempt

A

willfully disobeying a court order
obstructing a court’s functions or lessening its dignity

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30
Q

court minutes

A

summary records of events in a case
- kept by the court clerk

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31
Q

deadlocked

A

jury unable to agree on a verdict

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32
Q

declarant

A

one having interest in a matter who makes an unsworn statement
- this statement is a DECLARATION

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33
Q

demurrer

A

assertion by defendant that although certain facts alleged against them may be true, they do not entitle the plaintiff to prevail

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34
Q

dismissed with prejudice

A

case cannot be brought again

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35
Q

dismissed without prejudice

A

case can be brought again when appropriate

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36
Q

emend

A

change or correct to improve the quality of a document

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37
Q

entrap

A

induce someone to commit a crime who otherwise would not commit one

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38
Q

equity

A

branch of law dealing with specific cases, not just general rules

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39
Q

estoppel - collateral estoppel

A

bar/impediment to prevent re-litigating issues that have already been tried

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40
Q

extradition

A

bringing someone in custody from one state to another state or country

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41
Q

federal question

A

case or issue involving federal law or constitutional claims

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42
Q

F.2d, F.3d

A

2nd/3rd sets of published federal appellate decisions
- Federal Reporter series of volumes

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43
Q

grand jury

A

special jury for criminal law
- determines if evidence is sufficient to warrant a trial
- if evidence is sufficient, grand jury issues INDICTMENT

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44
Q

gravaman

A

part of charge weighing most heavily against the accused, the primary subject matter of an issue

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45
Q

hypothecate

A

pledge property as collateral for a debt

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46
Q

hostile witness

A

called by one side, but whose interests lie with the other party

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47
Q

impeached

A

testimony contradicted with sufficient proof as to affect witness’s credibility

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48
Q

rehabilitated

A

reestablishing witness’s credibility (following impeachment) with further evidence

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49
Q

indictment

A

formal criminal charge against a person

COUNTS of the indictment are individual acts alleged to have broken the law

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50
Q

injunction

A

an order either forbidding or compelling an action

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51
Q

interlocutory

A

provisional, temporary, not yet finalized

52
Q

intervenor

A

person voluntarily joining in an action, with permission of the court

53
Q

intestate

A

dying without preparing a valid will

54
Q

joinder

A

joining lawsuits together/joining parties together in a single suit

55
Q

junior mortgage

A

mortgage next in line to prior mortgage
- senior mortgage paid off first

56
Q

jurisdiction - subject matter

A

cases or issues a court is authorized to hear

57
Q

jurisdiction - geographic (territorial)

A

area within which a court may exercise its authority to hear cases

58
Q

limited jurisdiction

A

court may only consider certain matters

59
Q

general jurisdiction

A

court may hear any matter constitutionally permitted

60
Q

jurisdiction - original

A

no court, other than specific one holding original jurisdiction, may initially consider the matter in question

61
Q

jury instructions

A

court’s explanation of law applicable in a case, given to jury before their deliberation begins

62
Q

jury venire

A

entire panel from which a jury is drawn

short for VENIRE FACIAS

63
Q

justiciable

A

an issue the court is capable to decide/question, appropriate for judicial consideration

64
Q

nonjusticiable

A

an issue a court cannot entertain, such as political questions reserved for Congress or state legislature

65
Q

landmark/benchmark decision

A

particularly important holding/ruling that affects large segments of society, establishes important new legal principles or changes established ones

66
Q

lien

A

legal right/claim to specific property which attaches to property until debt is satisfied

67
Q

mechanic’s lien

A

statutory claim created to ensure payment to contractors and suppliers on construction projects

68
Q

mistrial

A

result of inability of a jury to reach a verdict

also declared when certain technical violations of court rules are deemed to be significant enough to threaten possible miscarriage of justice

69
Q

motion in limine

A

motion filed by party to a lawsuit asking the court for order/ruling that limits/prevents certain evidence from being presented by other side at trial
- generally brought during pretrial hearings or beginning of trial

70
Q

motion to compel

A

often a MOTION IN LIMINE, in form of injunction requiring a party to comply with some court ruling

71
Q

nonsuit

A

action insufficient on its face to permit trial

72
Q

on all fours - on point

A

cases or court decisions whose underlying facts are similar

73
Q

opinion testimony

A

provided by expert witnesses who, on account of their special expertise, are qualified to consider hypothetical situations to aid the court’s understanding
- lay witnesses are not permitted to give opinion testimony

74
Q

own recognizance, OR

A

defendant in criminal case who is released from custody, not by posting bond, but on promise to appear in court as required

75
Q

parity

A

relative equality, as in status, amount, or value

76
Q

pecuniary damages

A

money awarded in compensation for damages sustained

77
Q

percipient witness

A

witness with firsthand knowledge of the matter, who observed the events

78
Q

peremptory challenge

A

rejecting prospective juror without having to reveal reason why

79
Q

prejudice

A

bias or preconceived opinion formed before evidence is fully heard

80
Q

preponderance of evidence

A

standard for winning a civil matter

81
Q

beyond a reasonable doubt

A

standard for conviction in criminal trial

82
Q

privity of contract

A

contractual relationship between parties

83
Q

probable cause

A

sufficient reason for law enforcement agents to obtain a search warrant or detain someone suspected of committing a crime

84
Q

proof hearing

A

Trial before judge where only one side is present

after default judgment, hearing where plaintiff presents actual evidence supporting a position

85
Q

punitive damages

A

money awarded to plaintiff above and beyond actual damages suffered
- designed to punish tortfeasor/defendant and warn others against pursuing such a course of action

86
Q

rebuttal

A

plaintiff presents rebuttal evidence to contradict points made in defendant’s case

87
Q

surrebuttal

A

presented by defendant to counteract plaintiff’s rebuttal

88
Q

recant

A

formal retraction of previous statement

89
Q

recidivism/recidivist

A

recidivist is habitual, repeat criminal

recidivism is the tendency

90
Q

recuse/recusal

A

to disqualify

judge expected to recuse themselves when there is a conflict of interest or judge might otherwise be biased toward either side in a matter

91
Q

redact

A

edit, revise, as in preparing a document for publication

92
Q

remainderman

A

person to receive property after death of a life tenant

93
Q

remitter

A

an operation of law which restores an earlier valid title, thus replacing a later defective title

94
Q

remittitur

A

court’s order reducing amount of grossly excessive jury award

95
Q

rescission

A

cancellation or annulment, especially of a contract

96
Q

riparian

A

relating to water rights and access to rivers and streams

97
Q

scofflaw

A

one who not only breaks the law, but holds it in contempt

98
Q

sealed

A

not open to public scrutiny

  • juvenile conviction records often sealed
  • subsequent court order can unseal a record when appropriate
99
Q

sequester

A

to remove or set apart, as jury during deliberations or witnesses during trial

100
Q

settlement

A

an agreement between parties, usually one which disposes of a lawsuit

101
Q

Shepardizing

A

legal research into the ultimate outcome of a case after appeals

Checking to see if prior opinion is still valid or has been changed by subsequent ruling

102
Q

sidebar

A

counsel and judge discuss matters outside of the hearing of the jury

103
Q

standing (to sue) doctrine

A

having sufficient interest in the outcome of an issue to permit filing a lawsuit or participating in an action

104
Q

statutory law/positive law

A

law enacted by a legislature, as opposed to common law

105
Q

statement - declaration

A

written statement of facts, generally not made under oath
- made by individuals with some personal interest in case’s outcome, not just knowledge of relevant facts

106
Q

strike - stricken

A

to remove portion of the record from consideration by a fact-finder
- material to be struck remains physically in existence in case the ruling to strike is found, upon appeal, to be in error

107
Q

suborn

A

to induce commission of an unlawful act, particularly to encourage perjured testimony from a witness

108
Q

subpoena

A

formal order to appear in court

109
Q

subpoena DUCES TECUM

A

to supply specified documents

110
Q

subpoena AD TESTIFICANDUM

A

to come prepared to testify

111
Q

summary judgment

A

procedure in civil cases where party is entitled to prevail as a matter of law, there being no genuine issue of material fact in dispute
- court’s decision rendered before completion of a full trial

112
Q

summons

A

official notice served on defendant that action has been brought + ordering an appearance in court

an order in administrative proceedings (like IRS tax audit) for production of records, as by a financial institution

113
Q

surplusage

A

irrelevant matter in a proceeding

excessive verbiage

114
Q

temporary restraining order, TRO

A

forbids person from taking action which, if performed, may cause irreparable harm
- lasts until hearing is held on the merits of the issue

115
Q

tenancy in common - joint tenancy

A

ownership of real property by two or more persons, each of whom has an undivided interest, whether with or without right of survivorship

116
Q

tort

A

civil wrong

117
Q

tortfeasor

A

defendant who is alleged or actually found to have committed such a wrong (TORT)

118
Q

United States Code - U.S.C.

A

body of federal legislation enacted by Congress

119
Q

verdict form

A

official form presented by a jury to a court proffering its findings

120
Q

voir dire

A

examination of witness (especially expert witness) as to qualifications to testify on a matter

examination of prospective jurors to see if they are qualified to sit on a jury

means literally “to see” or “to say”

121
Q

warrant - search

A

judicial permission to law enforcement agents to conduct search of premises or persons to identify evidence of possible crime

122
Q

within the four corners - a document speaks for itself

A

actual contents of documents which require no special interpretation

123
Q

writ

A

court order requiring that an act be performed or granting authority to perform an act

124
Q

writ of certiorari

A

common law writ issued by a superior court to one of inferior jurisdiction demanding the record of a particular case

125
Q

Shepard’s Citations

A

Standard reference work

126
Q

Sentencing bargain

A

Defendant offered alternative or lighter sentence in exchange for their guilty plea

127
Q

Plea bargain

A

Prosecutor provides concession to defendant in exchange for plea of guilt or nolo contendere

AAERT (6 decks)

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