chapter 3

Question 1

adjudicate

Answer 1

to hear and resolve a lawsuit by a judicial process

Question 2

arbitration

Answer 2

a hearing held between two or more parties who disagree o an issue but agree in advance to abide by the decision of an impartial third party

Question 3

assault

Answer 3

any deliberate attempt or threat in inf lict bodily injury on another person and with apparent ability to do so

Question 4

battery

Answer 4

illegal touching of another perspn

Question 5

beyond a resonable doubt

Answer 5

evidence so strong and credible that it leaves no more than a remote possibility that there is another explanation for what happened

Question 6

Cert. denied

Answer 6

when the U.S. Supreme Cort refuses to hear a case on appeal

Question 7

civil

Answer 7

the system of law concerned with lawsuits between individuals or between an individual and the state where the case does not relate to the violation of a statute

Question 8

common law

Answer 8

law created by judgs decisions and bycustomer

Question 9

concurrent

Answer 9

happening at the same time

Question 10

contingency

Answer 10

something that may occur but is dependent on an uncertain future event

Question 11

criminal

Answer 11

the system of law with crimes against the state or someone who has been proven guilty of such an offense

Question 12

cross examination

Answer 12

interrogation of a witness by a party other than the direct examiner

Question 13

defendnt

Answer 13

person or party whom a plaintiffs allegations are brought

Question 14

depostition

Answer 14

prior sworn statement by a witness to be used in court as testimony taken under oath and subject to cross examination

Question 15

deterrence

Answer 15

punishment used ot discourage crime

Question 16

direct examination

Answer 16

first interrrogation of a witness by the party for whom the witness has been called on behalf of that party’s claim

Question 17

district attorney

Answer 17

official prosecutor of a judicial district

Question 18

enumerate

Answer 18

to list a number of things

Question 19

felony

Answer 19

crime more serious than a misdemeanor and punishable by imprisonment for more than one year or death

Question 20

interrogatory

Answer 20

written questions about a case addressed to one party by another

Question 21

judgment

Answer 21

courts decision regarding the rights and obligations of the ep0arties in a dispute

Question 22

mediation

Answer 22

neutral party meets with the plaintiff and defendant with the intent of persuading them to settle their dispute

Question 23

misdemeanor

Answer 23

an offense less serious than a felon and which may be punished by a fine or sentence to a local prison for less than one year

Question 24

motion

Answer 24

the application to a court or judge for a ruling in favor of the one applying

Question 25

negligent act

Answer 25

failure to take resonable precautions to protect others from the risk of harm

Question 26

negotiation

Answer 26

exchange and consideration of offers until prties agree on a solution that is acceptable to both

Question 27

pejury

Answer 27

false statement under oath

Question 28

plaintiff

Answer 28

one who brings a court action against another

Question 29

preponderance of evidence

Answer 29

the greater weight of the evidence that is more likely than not

Question 30

pretrial conference

Answer 30

the first court conference of parties involved in a dispute

Question 31

reformation

Answer 31

rehabilitation of a criminal

Question 32

restraint

Answer 32

restriction of liberty

Question 33

retribution

Answer 33

something given or demanded in payment or as a punishment for criminal wrongdoing

Question 34

standard of proof

Answer 34

level of proof required which is established by considering all evidence

Question 35

strict liability

Answer 35

responsibility of a seller or manfactur for any defective product unduliy threatening personal safety

Question 36

tort

Answer 36

a private wrong or injury other than breach of contract for which the court will provide a remedy

Question 37

writ of certiorari

Answer 37

order used by th u.s. superme court to indicate the case it wishes to hear