Flashcards
BLAW Ch. 2
Cards in this deck (57)
- 1admissibilitythe quality of the evidence in a case that allows it to be presented to the jury
- 2affirmaction taken by an appellate court that approves the decision of the court below
- 3answerwhat a defendant must file to admit or deny facts asserted by the plaintiff
- 4appealtaking a case to a reviewing court to determine whether the judgment of the lower court or administrative agency was correct (parties= appellant and appellee
- 5appellate jurisdictionthe power of a court to hear and decide a given class of cases on appeal from another court or administrative agency
- 6arbitrationthe settlement of disputed questions, whether of law or fact, by one or more arbitrators by whose decision the parties agree to be bound
- 7association tribunala court created by a trade association or group for the resolution of disputes among its members
- 8attorney-client privilegeright of individual to have discussions with his/her attorney kept private and confidential
- 9complaintthe initial pleading filed by the plaintiff in many actions, which in many states may be served as original process to acquire jurisdiction over the defendant
- 10counterclaima claim that the defendant in an action may make against the plaintiff
- 11courta tribunal established by government to hear and decide matters properly brought to it
- 12cross-examinationthe examination made of witness by the attorney for the adverse party
- 13defendantthe party charged with a violation of civil or criminal law in a proceeding
- 14demurrera pleading to dismiss the adverse party's pleading for not stating a cause of action or a defense
- 15depositionthe testimony of a witness taken out of court before a person authorized to administer oaths
- 16direct examinationexamination of a witness by his or her attorney
- 17directed verdicta direction by the trial judge to the jury to return a verdict in favor of specified party to the action
- 18discoveryprocedures for ascertaining facts prior to the time of trial in order to eliminate the element of surprise in litigation
- 19en bancthe term used when the full panel of judges on the appellate court hears a case
- 20executionthe carrying out of a judgment of a court, generally directing that property owned by the defendant be sold and the proceeds first be used to pay the execution or judgment creditor
- 21expert witnessone who has acquired special knowledge in a particular field as through practical experience or study, or both, whose opinion is admissible as an aid to the trier of fact
- 22federal district courtsa general trial court of the federal system
- 23garnishmentthe name given in some states to attachment proceedings
- 24general jurisdictionthe power to hear and decide most controversies involving legal rights and duties
- 25impeachusing prior inconsistent evidence to challenge the credibility of a witness
- 26instructionssummary of the law given to jurors by the judge before deliberation begins
- 27interrogatorieswritten questions used as a discovery tool that must be answered under oath
- 28judgeprimary officer of the court
- 29judgment non obstante veredictoa judgment entered after verdict upon the motion of the losing party on the ground that the verdict is so wrong that a judgment should be entered the opposite of the verdict
- 30jurisdictionthe power of a court to hear and determine a given class of cases; the power to act over a particular defendant
- 31jurya body of citizens sworn by a court to determine by verdict the issues of fact submitted to them
- 32limited (special) jurisdictionthe authority to hear only particular kinds of cases
- 33mediationthe settlement of a dispute through the use of a messenger who carries to each side of the dispute the issues and offers in the case
- 34minitriala trial held on portions of the case or certain issues in the case
- 35mistriala court's declaration that termiantes a trial and portpones it to a later date; commonly entered when evidence has been of a highly prejudicial character or when a juror has been guilty of misconduct
- 36motion for summary judgmentrequest that the court decide a case on basis of law only because there are no material issues disputed by the parties
- 37motion to dismissa pleading that may be filed to attack the adverse party's pleading as not stating a cause of action or defense
- 38opening statementsstatements by opposing attorneys that tell the jury what their cases will prove
- 39original jursidictionthe authority to hear a controversy when it is first brought to court
- 40plaintiffparty who initiates a lawsuit
- 41pleadingsthe papers filed by the parties in an action in order to set forth the facts and frame the issues to be tried, although, under some systems, the pleadings merely give notice or a general indication of the nature of the issues
- 42processpaperwork served personally on a defendant in a civil case
- 43prosecutorparty who originates a criminal proceeding
- 44recross-examinationan axamination by the other side's attorney that follows the redirect examination
- 45redirect examinationquestioning after cross-examination, in which the attorney for the witness testifying may ask the same witness other question to overcome effects of the cross-examination
- 46reference to a third personsettlement that allows a nonparty to resolve the dispute
- 47remandterm used when an appellate court sends a case back to rial court for additional hearing or a new trial
- 48rent-a-judge plandispute resolution through private wourts with judges paid to be referees for the cases
- 49request for production of documentsdiscover tool for uncovering paper evidence in a case
- 50reversethe term used when the appellate court sets aside the verdict or judgment of a lower court
- 51reversible erroran error or defect in court proceedings of so serious a nature that on appeal the appellate court will set aside the proceedings of the lower court
- 52small claims courtscourts that resolve disputes between parties when those disputes do not exceed a minimal level; no lawyers are permitted; the parties represent themselves
- 53subject matter jurisdictionjudicial authority to hear a particular type of case
- 54summary jury triala mock or dry-run trial for parties to get a feel for how their cases will play to a jury
- 55summationthe attorney address that follows all the evidence presented in court and sums up a case and recommends a particular verdict be returned by a jury
- 56voir dire examinationthe preliminary examination of a juror or a witness to ascertain fitness to act as such
- 57writ of certiorarithe US supreme court granting a right of review by the court of a lower court decision