Chapter 9 - Civil Procedure, Evidence, and the Appellate Process - Terminology Flashcards Preview

LAS101 - Intro to Law > Chapter 9 - Civil Procedure, Evidence, and the Appellate Process - Terminology > Flashcards

Flashcards in Chapter 9 - Civil Procedure, Evidence, and the Appellate Process - Terminology Deck (120):
1

To uphold, ratify or approve

affirm

2

the defendant's response to the allegations of the plaintiff's complaint or petition

answer

3

appellee's written response to the appellant's law brief filed in an appellate court

answer brief

4

a person who takes an appeal to a higher court

appellant

5

the rules of procedure follow by the appellate courts in deciding appeals

appellate procedure

6

the party against whom a case is appealed to a higher court

appellee

7

right of a person (client) not to testify about matters discussed in confidence with an attorney in the course of the attorney's representation of the client

attorney-client procedure

8

trial held before a judge without a jury present

bench trial

9

the requirement that the original document or best facsimile must be produced in the court to prove the content of a writing

best evidence rule

10

records kept in the ordinary course of business and records required the be kept by governments

business and public records

11

a meeting between a judge and counsel to review the status of a case before the court and to plan necessary steps to conclude the case

case management conference

12

a right to bring suit based on someone's breach of a legal duty

cause of action

13

objection to prospective jurors on some specified ground (close relationship to case)

challenge for cause

14

indirect evidence from which the existence of certain facts may be inferred

circumstantial evidence

15

a reference to a statute or court decision, often designating a publication where the law or decision appears

citations

16

rules of court followed by courts in adjudicating civil cases

civil procedure

17

a lawsuit brought by one or more parties on behalf of themselves and others similarly situated

class action

18

the exemption of a clergyperson and a penitent from disclosing communications made in confidence by the penitent

clergy privilege

19

arguments presented at trial by counsel at the conclusion of the presentation of evidence

closing arguments

20

English common law system of filing various written documents in litigation to arrive at the issues toe be resolved by the court

common law pleading

21

legally qualified

competent

22

an initial document filed in court to inform the defendant of the nature and extent of the plaintiff's claim against the defendant

complaint

23

an opinion by a judge or justice agreeing with the judgment of an appellate court without agreeing with the court's reasoning process

concurring in the judgment

24

opinion by a judge or justice agreeing with the decision of the court. May or may not agree with the rationale adopted by the court in reaching its decision

concurring opinion

25

a form of service of court process other than by personal delivery to the intended recipient. Sometimes accomplished by a notice published in the newspaper with a copy sent to the last known address of the intended recipient

constructive service

26

a request by the defendant for relief against the plaintiff

counterclaim

27

a claim asserted in a lawsuit by one party against a co-party

cross-claim

28

process of interrogating a witness who has testified on direct examination by asking the witness questions concerning testimony given

cross-examination

29

monetary compensation awarded by a court to a person who has suffered injuries or losses to person or property as a a result of someone else's conduct

damages

30

a court decision establishing rights of parties

declaratory relief

31

failure to do some act required by contract or by law

default

32

a judgment entered by a court due to a defendant's failure to respond to legal process or to appear in court t o contest the plaintiff's claim

default judgment

33

a person charged with a crime or against whom a civil action has been initiated

defendant

34

the recorded sworn testimony of a witness; not given in open court

deposition

35

evidence that applies directly to proof of a fact or proposition. For example, an eyewitness

direct evidence

36

interrogation by an attorney of a party or a witness called to testify

direct examination

37

a verdict rendered by a jury upon direction of the presiding judge

directed verdict

38

a process whereby counsel seek to obtain information from parties in a lawsuit through interrogatories and depositions

discovery

39

a written opinion by a judge or justice setting forth reasons for disagreeing with a particular decision of the court

dissenting opinion

40

the authority of federal courts to hear lawsuits in which the parties are citizens of different states and the amount in controversy exceeds $75,000.

diversity jurisdiction

41

statement made by a person who believes that his or her death is imminent. generally considered an exception to the hearsay rule of evidence.

dying declarations

42

a rehearing in an appellate court in which all or a majority of the judges participate

en banc rehearing

43

the function of appellate courts in correcting errors committed by lower tribunals in their interpretation and application of law, evidence and procedure

error correction

44

establishment of one fact allow inference of another fact or circumstance

evidentiary presumption

45

a witness with specialized knowledge or training called to testify in his or her field of expertise

expert witness

46

testimony given by a person based on personal observation of an event

eyewitness testimony

47

persons qualified in the application of scientific knowledge to legal principles, usually applied to those who participate in discourse or who testify in court

forensic experts

48

a challenge to a prospective juror's competency to serve based solely on the prospective juror's gender

gender-based peremptory challenges

49

damages that have accrued to the plaintiff due to a particular injury or loss

general damages

50

an objection raised against a witness's testimony or introduction of evidence when the objecting party does not recite a specific ground for the objection

general objection

51

ordinary form of jury verdict in civil case that finds for the plaintiff or defendant in general terms; in criminal case, finds the defendant not guilty or guilty of specified crime

general verdict

52

statements made by someone other than a witness offered in evidence at a trial or hearing to prove the truth of the matter asserted

hearsay evidence

53

a trial jury unable to reach a verdict

hung jury

54

a question based on an assumed set of facts. May be asked of expert witnesses in criminal trials.

hypothetical question

55

"In the manner of a pauper." Waiver of filing costs and other fees associated with judicial proceedings to allow an indigent person to proceed

in forma pauperis

56

inferences and presumptions that tend to establish a fact or issue

indirect evidence

57

appellant's brief filed in support of issues raised in appellate court

initial brief

58

petition or complain filed to initiate a proceeding in a judicial tribunal

initial pleading

59

a court order prohibiting someone from doing some specified act or commanding someone to undo some wrong or injury

injunction

60

written questions put to a witness

interrogatories

61

dismissal of a law action based on legal grounds

involuntary dismissal

62

a meeting of judges to deliberate on disposition of a case

judicial conference

63

the act of a court recognizing, without proof, the existence of certain facts that are commonly known. Such facts are often brought to the court's attention through the use of a calendar or almanac.

judicial notice

64

geographical area within which, subject matter with respect to which, and the persons over whom a court can properly exercise its power

jurisdiction

65

a judge's explanation of the law applicable to a case being heard by a jury

jury instructions

66

a judicial proceeding to determine a defendant's guilt or innocence conducted before a body of persons sworn to render a verdict based on the law and the evidence presented

jury trial

67

appellate court makes law by interpreting or reinterpreting a constitutional or statutory provision

lawmaking

68

a state law authorizing service of process on a nonresident defendant as a basis for the court's jurisdiction. To be constitutional applied, the defendant must have had minimal contacts within the state where the court is to acquire jurisdiction

long-arm statutes

69

"We command." A judicial order or writ commanding a public official or an organization to perform a specified non-discretionary duty

mandamus

70

privilege of married persons not to be compelled to testify against one another

marital privilege

71

trial terminated due to misconduct, procedural error or a "hung jury"

mistrial

72

formal request made to a court of law to convene another hearing in a case in which the court has already ruled

motion for rehearing

73

formal application to courts to obtain an order or grant some relief to the movant

motions

74

a token amount awarded to a plaintiff who proves the defendant liable but fails to prove actual damages

nominal damages

75

document filed notifying an appellate court of an appeal from a judgment of a lower court

notice of appeal

76

a prosecutor's or defense lawyer's initial statement to the judge or jury in a trial

opening statement

77

the opinion expressing the views of the majority of judges participating in a judicial decision

opinion of the court

78

verbal presentation made to an appellate court in an attempt to persuade the court to affirm, reverse, or modify a lower court decision

oral argument

79

writs issued by a court in an original, as opposed to an appellate, proceeding. Include mandamus, prohibition, quo warranto, and habeas corpus

original writs

80

compromises arrived at between parties that result in dismissal of cases before formal trials occur

out-of-court settlements

81

persons involved in court actions; persons who enter contracts

parties

82

opinion rendered "by the court" as distinct from on attributed to one or more judges

per curiam opinion

83

objection to the selection of a prospective juror in which the attorney making the challenge is not required to state the reason for the objection

peremptory challenges

84

service of legal process by delivery to the named person

personal service

85

person who brings a petition before a court of law

petitioner

86

party initiating legal action; complaining party

plaintiff

87

results of lie detector tests (generally inadmissible)

polygraph evidence

88

evidence that has greater weight that countervailing evidence

preponderance of the evidence

89

meeting of attorneys and the trial judge in advance of a jury trial to define issues, stipulate as to evidentiary exhibits, estimate the time required for trial and discuss other details concerning the trial

pretrial conference

90

confidential communications that persona are not required to disclose in court proceedings

privileged communication

91

provision of law forbidding a particular form of conduct

prohibition

92

a court order protecting a person from whom discovery is sought prior to trial from annoyance, oppression, or undue expense in complying with demands of a party seeking discovery

protective order

93

a sum of money awarded to the plaintiff in a civil case as a means of punishing the defendant for wrongful conduct

punitive damages

94

peremptory challenges to prospective jurors that are based solely on racial animus or racial stereotypes

racially based peremptory challenges

95

refers to maps, blood samples, x-rays, photos, stolen goods, fingerprints, knives, guns and other tangible items introduced into evidence.

real evidence

96

a legal presumption that may be refuted by evidence

rebuttal presumption

97

refutation by an attorney of the opposing attorney's argument

rebuttal

98

evidence tending to prove or disprove an alleged fact

relevant evidence

99

to send back, as from a higher court to a lower court for the latter to take specified action in a case or to follow proceedings designated by the higher court

remand

100

a brief submitted in response to an appellee's answer brief

reply brief

101

books that are a party of the National Reporter Series that contain judicial decision and accompanying opinions, for example, the Supreme Court Reporter Series that includes Supreme Court decisions; other regional reporters contain decisions of federal and state decisions

reporters

102

set aside a decision on appeal

reverse

103

US Supreme Court rule whereby the Court grants certiorari only on the agreement of at least four justices

rule of four

104

rules that govern the introduction of evidence in courts

rules of evidence

105

isolation of jurors (usually in a high-profile criminal case) from contact with the general public until a trial jury has reached a verdict

sequestration of the jury

106

compensation awarded by a court to reimburse a plaintiff four out-of-pocket losses sustained as a result of a defendant's actions. In a typical tort action, include compensation for medical expenses and loss of wages

special damages

107

A jury verdict with the jury answering specific questions as to its findings on issues posed by the court

special verdict

108

counsel's objection to a question posed to a witness by opposing counsel where a specific reason is given for the objection, for example, calls for hearsay

specific objection

109

a court-imposed requirement that a party perform obligations incurred under a contract

specific performance

110

exceptions to the hearsay rule of evidence. Statements made describing or explaining an event while the declarant is perceiving the event or immediately after; or a statement relating to a startling event made while the declarant was under stress caused by the event

spontaneous or excited utterance

111

a significant legal question pertaining to the US Constitution, a federal statute, treaty, regulation, or judicial interpretation of any of the foregoing

substantial federal question

112

any form of service of process other than by personal service, such as service by mail or by publication in a newspaper

substituted service

113

a decision rendered by a trial court without extended argument where there is no genuine issue of material fact and the moving party is entitled to a judgment as a matter of law

summary judgment

114

a court order requiring a person to appeal in court to answer a criminal charge

summons

115

evidence received by a court from witnesses who have testified under oath

testimonial evidence

116

where a defendant in a civil suit makes a third party an additional defendant in the litigation. Basis is the allegation that such party is or may be liable to the defendant for all or part of the plaintiff's claim against the defendant

third-party practice

117

group of citizens from whom a jury is chosen in a given case

venire

118

location of a trial or hearing

venue

119

"To speak the truth." The process by which prospective jurors are questioned by the counsel and/or the court before being selected to serve on a jury

voir dire

120

order from a higher court directing a lower court to send up the record of a case for appellate review

writ of certiorari