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Jurisprudence > Terminology > Flashcards

Flashcards in Terminology Deck (52)
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1
Q

science of the law, study of the law that affects you and use to your advantage

A

jurisprudence

2
Q

what are chiropractors more likely than not to do

A

see the inside of a courtroom

3
Q

A request made after a trial by a party that has lost on one or more issues that a higher court review the decision to determine if it was correct

A

appeal

4
Q

A trial without a jury, in which the judge serves as the fact-finder

A

bench trial

5
Q

A written statement submitted in a trial or appellate proceeding that explains one side’s legal and factual arguments

A

brief

6
Q

About appeals; an appellate court has the power to review the judgment of a lower court (trial court) or tribunal. For example, the U.S. circuit courts of appeals review the decisions of the U.S. district courts

A

appellate

7
Q

The duty to prove disputed facts. In civil cases, a plaintiff generally has the burden of proving his or her case. In criminal cases, the government has the burden of proving the defendant’s guilt

A

burden of proof

8
Q

The law as established in previous court decisions. A synonym for legal precedent. Akin to common law, which springs from tradition and judicial decisions.

A

case law

9
Q

a legal claim

A

cause of action

10
Q

A lawsuit in which one or more members of a large group, or class, of individuals or other entities sue on behalf of the entire class. The district court must find that the claims of the class members contain questions of law or fact in common before the lawsuit can proceed as a class action.

A

class action

11
Q

Money that a defendant pays a plaintiff in a civil case if the plaintiff has won. Damages may be compensatory (for loss or injury) or punitive (to punish and deter future misconduct)

A

damages

12
Q

A judge’s statement about someone’s rights. For example, a plaintiff may seek a declaratory judgment that a particular statute, as written, violates some constitutional right.

A

declaratory judgement

13
Q

An individual (or business) against whom a lawsuit is filed.

A

defendant

14
Q

Procedures used to obtain disclosure of evidence before trial.

A

discovery

15
Q

in criminal law, the constitutional guarantee that a defendant will receive a fair and impartial trial. In civil law, the legal rights of someone who confronts an adverse action threatening liberty or property.

A

due process

16
Q

Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case in favor of one side or the other.

A

evidence

17
Q

Doctrine that says evidence obtained in violation of a criminal defendant’s constitutional or statutory rights is not admissible at trial.

A

exclusionary rule

18
Q

A serious crime, usually punishable by at least one year in prison.

A

felony

19
Q

A body of 16-23 citizens who listen to evidence of criminal allegations, which is presented by the prosecutors, and determine whether there is probable cause to believe an individual committed an offense.

A

grand jury

20
Q

A court order preventing one or more named parties from taking some action. A preliminary injunction often is issued to allow fact-finding, so a judge can determine whether a permanent injunction is justified.

A

injunction

21
Q

The official decision of a court finally resolving the dispute between the parties to the lawsuit.

A

judgement

22
Q

The group of persons selected to hear the evidence in a trial and render a verdict on matters of fact

A

jury

23
Q

A judge’s directions to the jury before it begins deliberations regarding the factual questions it must answer and the legal rules that it must apply.

A

jury instructions

24
Q

An offense punishable by one year of imprisonment or less.

A

misdemeanor

25
Q

An invalid trial, caused by fundamental error. When a mistrial is declared, the trial must start again with the selection of a new jury.

A

mistrial

26
Q

request by a litigant to a judge for a decision on an issue relating to the case

A

motion

27
Q

No contest. A plea of nolo contendere has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.

A

nolo contendere

28
Q

A judge’s written explanation of the decision of the court.

A

opinion

29
Q

A person or business that files a formal complaint with the court.

A

plaintiff

30
Q

In a criminal case, the defendant’s statement pleading “guilty” or “not guilty” in answer to the charges.

A

plea

31
Q

Written statements filed with the court that describe a party’s legal or factual assertions about the case.

A

pleading

32
Q

A court decision in an earlier case with facts and legal issues similar to a dispute currently before a court

A

precedent

33
Q

To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government

A

prosecute

34
Q

to send back (often when superior court sends a case back to inferior court for retrial)

A

remand

35
Q

The act of a court setting aside the decision of a lower court. A reversal is often accompanied by a remand to the lower court for further proceedings.

A

reverse

36
Q

A penalty or other type of enforcement used to bring about compliance with the law or with rules and regulations.

A

sanction

37
Q

Parties to a lawsuit resolve their dispute without having a trial. Settlements often involve the payment of compensation by one party in at least partial satisfaction of the other party’s claims, but usually do not include the admission of fault.

A

settlement

38
Q

Degree of proof required. In criminal cases, prosecutors must prove a defendant’s guilt “beyond a reasonable doubt.”

A

standard of proof/burden of proof

39
Q

A law passed by a legislature.

A

statute

40
Q

The time within which a lawsuit must be filed or a criminal prosecution begun. The deadline can vary, depending on the type of civil case or the crime charged.

A

statute of limitations

41
Q

A civil, not criminal, wrong. A negligent or intentional injury against a person or property, with the exception of breach of contract.

A

tort

42
Q

The geographic area in which a court has jurisdiction. A change of venue is a change or transfer of a case from one judicial district to another.

A

venue

43
Q

The decision of a trial jury or a judge that determines the guilt or innocence of a criminal defendant, or that determines the final outcome of a civil case.

A

verdict

44
Q

Jury selection process of questioning prospective jurors, to ascertain their qualifications and determine any basis for challenge.

A

voir dire

45
Q

Court authorization, most often for law enforcement officers, to conduct a search or make an arrest.

A

warrant

46
Q

A person called upon by either side in a lawsuit to give testimony before the court or jury.

A

witness

47
Q

An order issued by the U.S. Supreme Court directing the lower court to transmit records for a case which it will hear on appeal.

A

writ of certiorari

48
Q

one who appeals

A

appellant

49
Q

state v. defendant

A

criminal action

50
Q

right to speedy and public trial by jury, informed of nature and cause of accusation, guaranteed knowledge of cause

A

6th Ammendment

51
Q

who cannot violate your constitutional right unless shown proof that they are acting in place of the state

A

private citizen/entity

52
Q

who can violate constitutional rights

A

government