Chapter 5 Vocab Flashcards
(22 cards)
Parties
The people directly concerned with or taking part in any legal matter.
Trails Court
Courts that listen to testimony, consider evidence, and decide the facts in a disputed situation.
Plaintiff
In a civil case, the injured party who brings legal action against the alleged wrongdoer.
Prosecutor
The state or federal government’s attorney in a criminal case.
Defendant
The person against whom a claim is made. In a civil suit, the defendant is the person being sued; in a criminal case, the defendant is the person charged with committing a crime.
Adversarial system
The judicial system used in the US. It allows opposing parties to present their legal conflicts before an impartial judge and jury.
Inquisitional system
A European method for handling disputes in which the judge plays an active role in gathering and presenting evidence and questioning witnesses.
Voir Dire
From the French phrase meaning “to speak the truth.” It is the screening process in which opposing lawyers question prospective jurors to ensure as favorable or as fair a jury as possible.
Removal for cause
Part of the jury selection process. After Voir Dire, opposing attorneys may request removal of any juror who does not appear capable of rendering a fair and impartial verdict.
Peremptory challenge
Part of the pretrial jury selection. Attorneys on opposing sides may dismiss a certain number of possible jurors without giving any reason. There is one exception: peremptory challenges cannot be used to discriminate based on race.
Appeals court
A court in which appeals from trial-court decisions are heard.
Error of law
A mistake made by a judge in legal procedures or rulings during a trial that may allow the case to be appealed.
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 minority of judges who disagree with the decision of the majority.
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.
Inherent powers
The powers that Congress is assumed to have because they resolve logically from the powers expressly listed in the US Constitution. These powers are derived from the “necessary and proper clause” of the Constitution, Which allows Congress to expand its power to carry out functions expressly delegated by the Constitution; Also known as implied powers.
Delegated powers
The powers specifically granted to Congress by article 1, section 8, of the Constitution; also called enumerated or expressed powers. They include the power to tax, regulate commerce, and declare war.
Petition for certiorari
Certiorari Is a Latin word meaning “ to be informed of.” It is a formal application by a party to have a lower court decision reviewed by the US Supreme Court, which has discretion to approve or deny any such application.
Plea bargaining
In a criminal case, the negotiations between the prosecutor, defendant, and defendant’s attorney. In exchange for the defendant agreeing to plead guilty, the prosecutor agrees to charge the defendant with a less serious crime, which usually results in a lesser punishment.
Probate
The process of proving to a court that the will is genuine; Disturbing property according to the terms of a will.
Stare decisis
The rule stating that precedent must be followed, providing the legal system with predictability and stability.
Due Process
The idea stated in the 5th and 14th amendments that every person involved in a legal dispute is entitled to a fair hearing or trial. The requirements of due process vary with the situation, but they basically require notice and an opportunity to be heard.
