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Flashcards in Legal Terms Deck (19):
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Writ of Habeas Corpus

An order by a judge to have an accused person brought from prison to the court to determine if their detention was arbitrary.

1

Writ of Certiorari

The Supreme Court's acceptance of a case for reive rat the discretion of 4 justices.

2

Writ of Appeal

The Supreme Court's acceptance of a case for review as a matter of right, where the Court feels it has no choice.

3

Writ of Mandamus

An order issued by a court of superior jurisdiction, commanding performance of a particular act by an inferior court or public official.

4

Writ

A written court order directing a person to perform/refrain from performing a specific act.

5

Subpoena

A written legal notice requiring a person to appear in court/give testimony or produce documentary evidence.

6

Probable Cause

Reasonable belief that a crime has been committed- the basis for all lawful searches.

7

Misdemeanor

Criminal offense that is less than a felony, and punishable by less than a year in prison.

8

Litigant

A person or group engaged in a lawsuit.

9

Judgement

The final determination/verdict by a court.

10

Indictment

Written accusation of a grand jury charging a crime.

11

Felony

A serious criminal offense for which the minimum sentence is 1 year.

12

Due Process

The constitutional guarantee that an accused person receives a fair/impartial trial.

13

Docket

Book containing entries of all proceedings in a court.

14

Corpus Delicti

The body/material substance upon which a crime has been committed. (Ex.: murdered corpse, charred remains from arson, etc.)

15

Brief

A legal document prepared by an attorney which presents the law/facts supporting his client.

16

Bench Warrant

The process issued by the court (or, "from the bench") for the arrest of a person. (Also used to seize documents, etc.)

17

Arbitration

The hearing/settlement of a dispute between opposing parties by a 3rd party, whose decision the parties have agreed to accept.

18

Aquit

To find a defendant not guilty in a criminal trial.