Unit 2 Flashcards
Negotiation
The process of 2 legal parties bargaining and discussing in order to reach an agreement
Settlement
Ends a conflict and dismisses the charges of a defendant, usually money
Arbitration
An alternative method to court where the 2 parties have their case heard by a third party outside the court
Mediation
The process of meeting an agreement with a neutral person assisting the negotiation process
Adversarial System
Where 2 advocates represent their party’s case before an impartial jury or judge
Inquisitional System
Settles disputes through extensive investigation and examination of all evidence by the judge
Plea Bargain
Agreements between sides where the defendant pleads guilty in order to serve a lesser sentence
Voir Dire
To “speak the truth”, jurors go through this process to determine their suitability for jury duty
Appeals Court
A higher court that reviews appeals from lower courts
Dissenting Opinion
Separate judicial opinion of an appellate judge who disagreed with the majority’s decision
Concurring Opinion
An opinion that agrees with the majority opinion but not with the rationale behind it
Probate Court
Courts of limited jurisdiction that hears matters surrounding a person’s death
Inherent Powers
Powers given directly to an entity
Delegated Power
Powers given to the courts
Petition of Certiorari
Issues when SCOTUS agrees to hear a case
Stare Decisis
Means “to stand by things decided”
Litigation
Prepares cases for trial, conducts discovery, and pretrial motions
Retainer
Type of compensation agreement with lawyers for reserving their employment or future services
Contingency Fee
Form of payment to a lawyer for legal services
Attorney-Client Privilege
Keeps communications between attorney and their client confidential
Disbarred
The removal of an attorney’s license to practice law
Legal Malpractice
The term for negligence, breach of fiduciary duty, or breach of contract by a lawyer that causes harm to the client
Amendment 6
Right to speedy jury trial
Amendment 7
Right to civil trial
