Vocab - Legal Flashcards
(127 cards)
1
Q
affidavit
A
written statement of facts made under oath
2
Q
affiant
A
someone who signs an affidavit
3
Q
aggravating circumstances
A
considerations which increase a sentence in criminal cases
4
Q
mitigating circumstances
A
considerations which decrease a sentence in criminal cases
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
6
Q
arbitration
A
dispute mediation by impartial third party
7
Q
arraignment
A
bringing accused person to court to plea to a criminal charge
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
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
10
Q
bench warrant
A
authority to find and bring to court someone who has failed to appear
11
Q
bifurcation
A
trial of certain issues separately (like guilt/penalty or complaint/damages)
-two-pronged
12
Q
black letter law
A
basic principles of law, especially when published in statutes
Literal statements in the statutes
13
Q
Black’s Law Dictionary
A
standard legal reference work
- includes abbreviations
14
Q
standard of evidence
A
how much evidence is needed to bear the burden of proof
15
Q
case in chief
A
primary presentation of evidence by a party
16
Q
case law
A
printed decisions and opinions of appellate jurisdictions
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
18
Q
chain of custody
A
record showing proper maintenance of “real” evidence (such as narcotics or weapons), as opposed to mere documents
19
Q
challenge
A
objection to having someone serve as a juror
- may be for cause or peremptory (no reason given)
20
Q
chambers
A
judge’s office in a courthouse
21
Q
charge to the jury
A
instructions from judge concerning the law which governs a case
22
Q
chattel
A
article of personal or movable property
23
Q
circuit court of appeal
A
federal appellate level immediately below the Supreme Court
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
25
collateral estoppel
bar to re-litigating an issue that has already been tried between the same parties
26
common law
customary, old, or "judge-made" law, as opposed to "positive" or statutory law
27
conflict of interest
conflict between private interests and public obligations of someone in position of authority or trust
28
confront accusers
right of person accused of a crime to face those making the accusation
29
contempt
willfully disobeying a court order
obstructing a court's functions or lessening its dignity
30
court minutes
summary records of events in a case
- kept by the court clerk
31
deadlocked
jury unable to agree on a verdict
32
declarant
one having interest in a matter who makes an unsworn statement
- this statement is a DECLARATION
33
demurrer
assertion by defendant that although certain facts alleged against them may be true, they do not entitle the plaintiff to prevail
34
dismissed with prejudice
case cannot be brought again
35
dismissed without prejudice
case can be brought again when appropriate
36
emend
change or correct to improve the quality of a document
37
entrap
induce someone to commit a crime who otherwise would not commit one
38
equity
branch of law dealing with specific cases, not just general rules
39
estoppel - collateral estoppel
bar/impediment to prevent re-litigating issues that have already been tried
40
extradition
bringing someone in custody from one state to another state or country
41
federal question
case or issue involving federal law or constitutional claims
42
F.2d, F.3d
2nd/3rd sets of published federal appellate decisions
- Federal Reporter series of volumes
43
grand jury
special jury for criminal law
- determines if evidence is sufficient to warrant a trial
- if evidence is sufficient, grand jury issues INDICTMENT
44
gravaman
part of charge weighing most heavily against the accused, the primary subject matter of an issue
45
hypothecate
pledge property as collateral for a debt
46
hostile witness
called by one side, but whose interests lie with the other party
47
impeached
testimony contradicted with sufficient proof as to affect witness's credibility
48
rehabilitated
reestablishing witness's credibility (following impeachment) with further evidence
49
indictment
formal criminal charge against a person
COUNTS of the indictment are individual acts alleged to have broken the law
50
injunction
an order either forbidding or compelling an action
51
interlocutory
provisional, temporary, not yet finalized
52
intervenor
person voluntarily joining in an action, with permission of the court
53
intestate
dying without preparing a valid will
54
joinder
joining lawsuits together/joining parties together in a single suit
55
junior mortgage
mortgage next in line to prior mortgage
- senior mortgage paid off first
56
jurisdiction - subject matter
cases or issues a court is authorized to hear
57
jurisdiction - geographic (territorial)
area within which a court may exercise its authority to hear cases
58
limited jurisdiction
court may only consider certain matters
59
general jurisdiction
court may hear any matter constitutionally permitted
60
jurisdiction - original
no court, other than specific one holding original jurisdiction, may initially consider the matter in question
61
jury instructions
court's explanation of law applicable in a case, given to jury before their deliberation begins
62
jury venire
entire panel from which a jury is drawn
short for VENIRE FACIAS
63
justiciable
an issue the court is capable to decide/question, appropriate for judicial consideration
64
nonjusticiable
an issue a court cannot entertain, such as political questions reserved for Congress or state legislature
65
landmark/benchmark decision
particularly important holding/ruling that affects large segments of society, establishes important new legal principles or changes established ones
66
lien
legal right/claim to specific property which attaches to property until debt is satisfied
67
mechanic's lien
statutory claim created to ensure payment to contractors and suppliers on construction projects
68
mistrial
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
motion in limine
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
motion to compel
often a MOTION IN LIMINE, in form of injunction requiring a party to comply with some court ruling
71
nonsuit
action insufficient on its face to permit trial
72
on all fours - on point
cases or court decisions whose underlying facts are similar
73
opinion testimony
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
own recognizance, OR
defendant in criminal case who is released from custody, not by posting bond, but on promise to appear in court as required
75
parity
relative equality, as in status, amount, or value
76
pecuniary damages
money awarded in compensation for damages sustained
77
percipient witness
witness with firsthand knowledge of the matter, who observed the events
78
peremptory challenge
rejecting prospective juror without having to reveal reason why
79
prejudice
bias or preconceived opinion formed before evidence is fully heard
80
preponderance of evidence
standard for winning a civil matter
81
beyond a reasonable doubt
standard for conviction in criminal trial
82
privity of contract
contractual relationship between parties
83
probable cause
sufficient reason for law enforcement agents to obtain a search warrant or detain someone suspected of committing a crime
84
proof hearing
Trial before judge where only one side is present
after default judgment, hearing where plaintiff presents actual evidence supporting a position
85
punitive damages
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
rebuttal
plaintiff presents rebuttal evidence to contradict points made in defendant's case
87
surrebuttal
presented by defendant to counteract plaintiff's rebuttal
88
recant
formal retraction of previous statement
89
recidivism/recidivist
recidivist is habitual, repeat criminal
recidivism is the tendency
90
recuse/recusal
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
redact
edit, revise, as in preparing a document for publication
92
remainderman
person to receive property after death of a life tenant
93
remitter
an operation of law which restores an earlier valid title, thus replacing a later defective title
94
remittitur
court's order reducing amount of grossly excessive jury award
95
rescission
cancellation or annulment, especially of a contract
96
riparian
relating to water rights and access to rivers and streams
97
scofflaw
one who not only breaks the law, but holds it in contempt
98
sealed
not open to public scrutiny
- juvenile conviction records often sealed
- subsequent court order can unseal a record when appropriate
99
sequester
to remove or set apart, as jury during deliberations or witnesses during trial
100
settlement
an agreement between parties, usually one which disposes of a lawsuit
101
Shepardizing
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
sidebar
counsel and judge discuss matters outside of the hearing of the jury
103
standing (to sue) doctrine
having sufficient interest in the outcome of an issue to permit filing a lawsuit or participating in an action
104
statutory law/positive law
law enacted by a legislature, as opposed to common law
105
statement - declaration
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
strike - stricken
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
suborn
to induce commission of an unlawful act, particularly to encourage perjured testimony from a witness
108
subpoena
formal order to appear in court
109
subpoena DUCES TECUM
to supply specified documents
110
subpoena AD TESTIFICANDUM
to come prepared to testify
111
summary judgment
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
summons
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
surplusage
irrelevant matter in a proceeding
excessive verbiage
114
temporary restraining order, TRO
forbids person from taking action which, if performed, may cause irreparable harm
- lasts until hearing is held on the merits of the issue
115
tenancy in common - joint tenancy
ownership of real property by two or more persons, each of whom has an undivided interest, whether with or without right of survivorship
116
tort
civil wrong
117
tortfeasor
defendant who is alleged or actually found to have committed such a wrong (TORT)
118
United States Code - U.S.C.
body of federal legislation enacted by Congress
119
verdict form
official form presented by a jury to a court proffering its findings
120
voir dire
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
warrant - search
judicial permission to law enforcement agents to conduct search of premises or persons to identify evidence of possible crime
122
within the four corners - a document speaks for itself
actual contents of documents which require no special interpretation
123
writ
court order requiring that an act be performed or granting authority to perform an act
124
writ of certiorari
common law writ issued by a superior court to one of inferior jurisdiction demanding the record of a particular case
125
Shepard’s Citations
Standard reference work
126
Sentencing bargain
Defendant offered alternative or lighter sentence in exchange for their guilty plea
127
Plea bargain
Prosecutor provides concession to defendant in exchange for plea of guilt or nolo contendere
