Judicial Process Flashcards
(35 cards)
The person named in the suit
Defendant
One in which the plaintiff (person filing the lawsuit) feels he has been wronged by the defendant and is seeking to recover something of value
Civil Case
Differ from civil cases in that the government is the plaintiff (called the prosecution) and seeks to bring some legal action against the defendant because he has wronged society by his behavior
Criminal case
An official examination of available evidence in a court of law
Trial
The most active of the federal judiciary courts
United States District Courts
The district courts possess
Original jurisdiction
The right of a court to be the first to hear and decide a case
Original jurisdiction
Most federal cases _______ in district court
Originate
District courts use 2 types of juries
Grand juries and trials (petit juries)
In criminal cases 13 to 23 is assembled to examine the evidence against the accused to try a case
Grand jury
If the grand jury believes that there is sufficient evidence to warrant a trial, it will issue a formal accusation against the accused called
Indictment
If the jury finds that evidence is INsufficient for a formal accusation it may hand down
Acquittal
Sets the accused free immediately
Acquittal
Composed of six to twelve jurors from the federal district where they actually hear the case in court
Trial jury
After hearing the case the trial jury will issue a ________ of “guilty” or “not guilty”
Verdict
A jury that cannot agree on a verdict
Hung jury
When jurors “hear a case” they listen to the presentation of ________
Evidence
Material presented as proof at a trial
Evidence
Evidence given by someone who actually witnessed the crime
Direct evidence
3 types of evidences
1) Demonstrative
2) circumstantial evidence
3) direct
Involves objects that relate to the case like a gun with fingerprints on it
Demonstrative evidence
Conclusions are deducted from facts about the case
Circumstantial evidence
Attorneys must follow a set of standards governing the admission of evidence into the court proceedings
Rules of Evidence
One of the most famous rules of evidence which states that evidence obtained illegally is not admissible in a court of law
Exclusionary Rule