Chapter 5 Flashcards
(19 cards)
Inherent powers
The powers that congress is assumed to have because they result logically from the powers expressly listed in the U.S. Constitution
Defendant
The person against whom a claim is made. It is the person being sued or charged
Petition for certiorari
It is a formal application by a party to have a lower-court decision reviewed by the U.S. Supreme Court, which has discretion to approve or deny and such application
Voir dire
It’s the screening process in which opposing lawyers question prospective jurors to ensure as favorable or as fair a jury as possible
Delegated powers
The powers specifically granted to congress by article. They include the power to tax, regulate commerce, and declare war.
Removal for cause
Part of the jury selection process. Opposing attorneys may request removal of any juror.
Trial courts
Courts that listen to testimony, consider evidence, and decide the facts in a disputed situation.
Due process of law
The idea that every person involved in a legal dispute is entitled to a fair trial or hearing.
Parties
The people directly concerned with or taking part in any legal matter
Concurring opinion
An additional written court opinion in which a judge or judges agrees with the decision reached by the court, but for reasons different from those used to support the majority opinion.
Error of law
A mistake made by a judge I legal procedure or rulings during a trial that may allow the case to be approved.
Precedent
Court decision on a legal question that guides future cases with similar questions.
Dissenting opinion
In a trial or appeal, the written opinion of the majority of judges who disagree with the decision of the majority.
Peremptory Challenge
Part of the pretrial jury selection. Attorneys on opposing sides may dismiss a certain number of possible jurors with out giving any reason.
Appeals court
A court I which appeals from trial-court decision are heard.
Prosecutor
The state or federal governments attorney in a criminal case.
Adversarial system
The judicial system used in the United States. It allows opposing parties to present their legal conflicts before an impartial judge and judges.
Inquisitional system
A European method for handling disputes in which the judges lays anactive role in gathering and presenting evidence and questioning witness.
Plaintiff
In a civil case, the injured party who brings legal action against the alleged wrongdoer.
