Legal Terminology

Question 0

Appeal

Answer 0

-Petitioning a higher court to review a case to reverse errors made at trial

Question 1

Affidavit

Answer 1

A sworn, written statement

Question 2

Arraignment

Answer 2

Bringing a defendant before a judge to allow him/her to hear the charges that were filed and make a plea (guilty, not guilty, insanity)

Question 3

Arrest

Answer 3

The official detention of a person for a criminal trial

Question 4

Bail

Answer 4

Money or property temporarily surrendered to the government by a defendant who will be released until trial to ensure that he will not flee the jurisdiction. It is returned to the defendant upon the trial’s conclusion.

Question 5

Bill of Rights

Answer 5

The first 10 amendments to the US Constitution; they secure several of the most important rights of American Citizens

Question 6

Book

Answer 6

The formal, clerical aspect of an arrest. During “booking”, several forms are filled out containing the defendant’s personal information and a description of the possessions he/she was carrying at the time of the arrest

Question 7

Certiorari

Answer 7

Petitioning the Supreme Court to hear an appeal

Question 8

Charge

Answer 8

An accusation of guilt; usually the first step in a criminal investigation

Question 9

Constitution

Answer 9

The document that defines the United States government. It also sets forth certain inalienable rights of American citizens. The Constitution limits the specific powers of each branch of the federal government, and sets forth their duties.

Question 10

Cross Examination

Answer 10

The period of questioning in a trial when the lawyers of one side interrogates a witness from the opposing side

Question 11

Defendant

Answer 11

Party against which a case is brought in a criminal or civil trial

Question 12

Defense attorney

Answer 12

Counsel employed to represent a defendant

Question 13

Direct examination

Answer 13

Period of questioning in a trial when the lawyers of one side question their own witness

Question 14

Due process

Answer 14

Guarantees and procedures built into the legal system to safeguard the civil rights of individuals

Question 15

Exclusionary rule

Answer 15

The provision that the Supreme Court interpreted to exist to exist in the Constitution that prohibits evidence obtained by means of an unlawful seizure from being admitted into a court of law
(Evidence obtained illegally can not be used in court)

Question 16

Execution

Answer 16

Termination of human life by the government as punishment for a crime

Question 17

Federalism

Answer 17

The sharing of powers and responsibilities between the country’s government as a whole (the federal government) and individual state government
(Both federal and state governments have power)

Question 18

Foreman

Answer 18

The jury member who speaks for the jury as a whole

Question 19

Grand Jury

Answer 19

A panel which receives complaints and accusations of crimes, hears preliminary evidence, and hands down indictments

Determines if there is enough evidence to go to trial

Question 20

Habeas Corpus

Answer 20

A judicial order, demanding someone to be present in court to determine if they are legitimately being detained
(Judge or court has to decide if the person may be guilty; used to prevent illegal imprisinment)

Question 21

Hung Jury

Answer 21

A jury who cannot agree on a specific verdict

All jury members must agree on exactly the same verdict; if they don’t it’s a hung jury

Question 22

Indictment

Answer 22

A formal accusation returned by a Grand Jury

Question 23

Information

Answer 23

A formal accusation that is filed when an indictment is unnecessary because a public official formally accuses the defendant (usually a corporation)
(an official criminal charge presented, usually by the prosecuting officers of the state, without the interposition of a grand jury)

Question 24

Judge

Answer 24

The public official who presides over trials and rules on points of law that come into question during trial

Question 25

Jury

Answer 25

A group of unbiased persons who determine the facts of a given case; determines the verdict

Question 26

Larceny

Answer 26

Any type of stealing

Question 27

Litigation

Answer 27

A lawsuit

Question 28

Mistrial

Answer 28

When the judge declares a legal proceeding to no longer be a trial due to a major defect or huge error

Question 29

Mitigating circumstances

Answer 29

Facts that do not justify or excuse a crime, but lessen the amount of moral blame. Example - boy shoots his father after years of abuse.

Question 30

Murder

Answer 30

When a person of sound mind (of sufficient age to create a criminal design and legally sane) kills any human being in the peace of a nation (excluding military actions) without warrant or justification, and with malice a forethought, expressed or implied

Question 31

Plaintiff

Answer 31

The side bringing civil charges against another party

Question 32

Prison

Answer 32

A public institution detaining criminals serving long term incarceration (prison terms)

Question 33

Prosecutor

Answer 33

Public official who presents the government's case against a person accused of a crime

Question 34

Search and Seizure

Answer 34

The act of law enforcement officers surveying a crime scene and taking into custody any contraband (illegal stuff) or evidence which has bearing or is important to the case

Question 35

Smuggling

Answer 35

Secretly bringing illegal or taxable goods into a country

Question 36

Testify

Answer 36

To give evidence under oath

Question 37

Trauma

Answer 37

An injury to the body caused by an external blow

Question 38

Voir dire

Answer 38

The examination of possible jurors by the judge and attorneys to determine if the jurors will be acceptable (unbiased) for the trial

Question 39

Warrant

Answer 39

Written permission given by a judge to a police officer to search a house, property, etc.. Warrants can only be given based on probable cause, as evidenced by an affidavit completed by the law enforcement official.