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Procedures
Vocabulary - Weeks 8&9
58
Court Reporting
Not Applicable
07/13/2012

Additional Court Reporting Flashcards

 


 

Cards

Term
Stay
Definition
Judicial order whereby some action is forbidden or held in abeyance until the court lifts the order
Term
Abeyance
Definition
An undetermined or incomplete state of affairs; also, a lapse in succession during which there is no person in whom title is invested
Term
Seal
Definition
A statute in some states that permits a person's criminal record to be closed and cannot be examined except by court order (not expunged)
Term
Suspend
Definition
To interrupt, to postpone, to discontinue temporarily, but with the expectation of resumption
Term
Waive
Definition
To give up a claim or right voluntarily; to renounce or disclaim a benefit; to abandon a remedy which the law gives him
Term
Prayer of relief
Definition
Part of a complaint in a civil action, which sets forth the requested relief or damages, which the pleader deems himself entitled; a request contained in a complaint or petition that asks for relief the plaintiff thinks themselves entitled
Term
Complaint
Definition
The first pleading of the plaintiff setting out the facts on which the claim for reflief is based
Term
Pleading
Definition
Constitutes the plaintiff's course of action and defendant's grounds for defense
Term
Sentencing
Definition
Punishment ordered by a court to be inflicted upon a person convicted of a crime
Term
Probabtion
Definition
Relief from all or part of a prison sentence on promise of good conduct
Term
Double jeopardy
Definition
Double prosecution and double punishment for the same offense
Term
Self-incrimination
Definition
The right of a person to refuse to answer or give testimony against himself; the right may be waived provided the requirements of the Miranda Rule have been met
Term
Miranda Rule
Definition
Requirement that a person receive certain warnings relating to self-incrimination and to receive advice from an attorney
Term
Sequester
Definition
To isolate the jury from the public; to be kept together throughout the trial and deliberation and guarded from improper contact
Term
Caption
Definition
Heading of a legal document containing the names of the parties, the court, index, docket number, etc
Term
Notice
Definition
Information concerning a fact actually communicated to a person by an authorized person
Term
Contempt
Definition
Willful disregard or disobedience for public authority
Term
Veracity
Definition
Honesty, truthfulness, accuracy
Term
Writ of inquiry
Definition
When a plaintiff has obtained a judgment by default, which directs the sheriff and jury to inquire into the amount of the plaintiff's demand and assess damages
Term
Indigent
Definition
Someone unable to hire a lawyer or otherwise afford the expense of defending himself in a criminal matter
Term
Verify
Definition
To confirm or substantiate by oath or affidavit
Term
Writ of execution
Definition
Puts in force the judgment or decree of a court; the written command of a court to direct an official to enforce (execute) a judgment
Term
Notary public
Definition
Public official who is authorized to witness signatures on documents, to administer oaths, and to take depositions
Term
Exception
Definition
An objection to a ruling or order of a court; or calling an error to the attention of the court in some manner
Term
Appeal
Definition
To bring a case from a lower court to a higher court for revised ruling or rehearing
Term
Indictment
Definition
Written accusation presented by a grand jury to a court charging that a person should be tried for a crime; informs an accused of the offenses with which he is charged
Term
Arraignment
Definition
First step in the criminal process where the defendant is charged with an offense, the charge is read to him, and he is asked to plead guilty, not guilty, or nolo contendere
Term
Supreme Court
Definition
Usually refers to the highest appellate state court; the court of last resorts
Term
Side bar conferences
Definition
Take place in the area of the court room that is within hearing of the judge, but out of hearing of the jury and witnesses; these conferences are recorded in order to be considered on appeal
Term
Sui juris
Definition
Latin for "of his own right"; someone capable of taking care of themselves
Term
Impeachment
Definition
Formal accusation brought to remove a civil officer from office
Term
M'Naghton Rule
Definition
A person is not responsible for a criminal act because of mental disease or defect if someone did not understand what they did, or that it was wrong; the person is unable to distinguish right from wrong
Term
Confrontation clause
Definition
Someone accused of a crime is entitled to be confronted with the witnesses against her; allows the accused to be present at her trial
Term
Chattel
Definition
Item of personal property other than real estate and land; moveable item of personal property
Term
Bill of Attainder
Definition
Special act of the legislature that inflicts capital punishment on persons supposed to be guilty of offenses like treason without a trial; prohibited by Article 1 of the Constitution
Term
Bill of Particulars
Definition
Form of discovery; gives notice to the accused of the offenses charged in the Bill of Indictment so he may prepare for a defense (particulars of an indictment)
Term
Bill of Indictment
Definition
Formal written document accusing a person of a crime and submitted to the Grand Jury by the prosecutor for their action
Term
Bill of Review
Definition
Proceeding brought to secure an explanation, alteration, or reversal of a final decree by the court which rendered it
Term
Decree
Definition
Final decision and judgment of a court
Term
Bond
Definition
Written instrument guaranteeing faithful performance of acts and duties
Term
Malpractice
Definition
Wrongful conduct by a professional through neglect or lack of ethics (medical or legal)
Term
United States District Court
Definition
Trial courts with general federal jurisdiction over cases involving federal laws or offenses; also, between citizens of different states
Term
Mediate
Definition
To settle disputes outside of a court setting
Term
Ex parte order/proceeding
Definition
Latin for "in behalf of"; an order granted for the benefit of one party only without notice and contestation by the other party (favors one side; not contested by the other)
Term
Default judgment
Definition
Judgment entered against a defendant due to his failure to respond to the plaintiff's action or to appear at trial
Term
Grand Jury
Definition
Accusatory body; generally 23 in number; if insuffiecient evidence exists to charge a person with a crime, it is a no bill
Term
No Bill
Definition
No indictment
Term
Preliminary examination
Definition
In criminal law to determine whether or not probable cause existed for the arrest of someone; preliminary hearing
Term
Preliminary hearing
Definition
Having reasonable grounds for belief in certain alleged facts
Term
Inquest
Definition
Trial of an issue of fact when the plaintiff alone introduces testimony, often without a jury (ex.: coroner's inquest - finding cause of death)
Term
Array
Definition
List of persons summoned to serve as jurors from which the final trial jury is selected
Term
Motion in Limine
Definition
Used to exclude references to anticipated evidence claimed to be objectionable until admissibility is ruled on; seeks to avoid presenting irrelevant, inadmissible, or prejudicial evidence (eliminate)
Term
Writ of Habeas Corpus
Definition
also, a writ of federal habeas corpus, is used to test the constitutionality of a state criminal conviction (something in the case is unconstitutional)
Term
Captial case
Definition
Ones for which the death penalty may, but need not necessarily be imposed
Term
Probate
Definition
Proving a will was signed and executed in accordance with legal requirements; determining the validity of a will
Term
Verdict
Definition
Decision of a jury
Term
Decision
Definition
Final determination arrived at after consideration; involves reaching a conclusion
Term
Foreman
Definition
Presiding member of the jury; the person who speaks on behalf of the jury when communicating with the court or rendering a verdict
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