Judicial Process Flashcards

(35 cards)

0
Q

The person named in the suit

A

Defendant

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1
Q

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

A

Civil Case

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2
Q

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

A

Criminal case

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3
Q

An official examination of available evidence in a court of law

A

Trial

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4
Q

The most active of the federal judiciary courts

A

United States District Courts

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5
Q

The district courts possess

A

Original jurisdiction

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6
Q

The right of a court to be the first to hear and decide a case

A

Original jurisdiction

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7
Q

Most federal cases _______ in district court

A

Originate

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8
Q

District courts use 2 types of juries

A

Grand juries and trials (petit juries)

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9
Q

In criminal cases 13 to 23 is assembled to examine the evidence against the accused to try a case

A

Grand jury

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10
Q

If the grand jury believes that there is sufficient evidence to warrant a trial, it will issue a formal accusation against the accused called

A

Indictment

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11
Q

If the jury finds that evidence is INsufficient for a formal accusation it may hand down

A

Acquittal

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12
Q

Sets the accused free immediately

A

Acquittal

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13
Q

Composed of six to twelve jurors from the federal district where they actually hear the case in court

A

Trial jury

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14
Q

After hearing the case the trial jury will issue a ________ of “guilty” or “not guilty”

A

Verdict

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15
Q

A jury that cannot agree on a verdict

16
Q

When jurors “hear a case” they listen to the presentation of ________

17
Q

Material presented as proof at a trial

18
Q

Evidence given by someone who actually witnessed the crime

A

Direct evidence

19
Q

3 types of evidences

A

1) Demonstrative
2) circumstantial evidence
3) direct

20
Q

Involves objects that relate to the case like a gun with fingerprints on it

A

Demonstrative evidence

21
Q

Conclusions are deducted from facts about the case

A

Circumstantial evidence

22
Q

Attorneys must follow a set of standards governing the admission of evidence into the court proceedings

A

Rules of Evidence

23
Q

One of the most famous rules of evidence which states that evidence obtained illegally is not admissible in a court of law

A

Exclusionary Rule

24
The losing party in a federal trial court can _______ the case to a higher court
Appeal
25
Request that a higher court review the case records and verdict of the lower court
Appeal
26
Most of the appeals from the federal district courts go to the
United States Courts of Appeals
27
The U.S. Courts of Appeals have no original jurisdiction in any federal cases but they do have
Appellate jurisdiction
28
The right of a court to review the ruling of a lower court
Appellate jurisdiction
29
Attorneys submit ________to a panel of 3 judges
Briefs
30
The lawyer's written argument
Brief
31
When deciding the case, the judges will rely mostly on the written brief, oral arguments presented by the
Lawyers and precedents
32
Past decisions involving similar cases
Precedents
33
If the judges agree that the lower court handled the case properly and that the judgement was reasonable they will ______ or ______ the lower court's decision
Affirm or uphold
34
If the Appeals Courts decides that the lower court made am error in some part of the trial they can _______ the decision of the lower court
Reverse