Shared Flashcard Set

Details

School Law
Vocabulary
145
Law
Graduate
10/19/2011

Additional Law Flashcards

 


 

Cards

Term
acquittal
Definition
a jury verdict that a criminal defendant is not guilty, or the finding of a judge that the evidence is insufficient to support a conviction
Term
active judge
Definition
a judge in the full-time service of the court
Term
admissible
Definition
a term used to describe evidence that may be considered by a jury or judge in civil and criminal cases
Term
adversary proceeding
Definition
a lawsuit arising in or related to bankruptcy case that begins by filing a complaint with court, that is, a trial that takes place within the context of a bankruptcy case
Term
affidavit
Definition
a written or printed statement made under oath
Term
affirmed
Definition
in the practice of the court of appeals, it means that the court of appeals has concluded that the lower court decision is correct and will stand as rendered by the lower court
Term
Administrative Office of the US Courts(AO)
Definition
the federal agency responsible for collecting court statistics, administering the federal courts' budget, and performing many other administrative functions, under the direction and supervision of the Judicial Conference of the US
Term
alternative dispute resolution (ADR)
Definition
a procedure for settling a dispute outside the courtroom usually referred to a neutral party such as an arbitrator or mediator
Term
amicus curiae
Definition
Latin for friend of the court. advice formally offered to the court in a brief filed by an entity interested in, but not a party to, the case
Term
answer
Definition
the formal written statement by a defendant in a civil case that responds to a complaint, articulating the grounds for defense
Term
appeal
Definition
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
Term
appellant
Definition
the party who appeals a district court's decision, usually seeking reversal of that decision
Term
appellate
Definition
about appeals; an appellate court has the power to review the judgment of a lower court or tribunal
Term
appellee
Definition
the party who opposes an appellant's appeal, and who seeks to persuade the appeals court to affirm the district court's decision
Term
arraignment
Definition
a proceeding in which a criminal defendant is brought into court, told of the charges in an indictment or information, and asked to plead guilty or not guilty
Term
Article III Judge
Definition
a federal judge who is appointed for life, during "good behavior", under Article III of the Constitution. Article III judges are nominated by the President and confirmed by the Senate
Term
assets
Definition
property of all kinds, including real and personal, tangible and intangible
Term
assume
Definition
an agreement to continue performing duties under contract or lease
Term
brief
Definition
a written legal statement submitted in a trail or appellate proceeding that explains one side's legal and factual arguments
Term
burden of proof
Definition
the duty to prove disputed facts.  In civil cases, a plantiff generally has the burden of proving his or her case.  In criminal cases, the government has the burden of proving the defendant's guilt
Term

bench trial

 

 

 

 

Definition
a trial without jury, in which the judge serves as the fact-finder
Term
capital offense
Definition
a crime punishable by death
Term

case file

 

 

 

 

 

 

 

 

 

 

Definition
a complete collection of every document filed in court in a case
Term
caseload
Definition
the number of cases handled by a judge or a court
Term
cause of action
Definition
a legal claim
Term
chambers
Definition
the offices of a judge and his or her staff
Term
chief judge
Definition
the judge who has primary responsibility for the administration of a court; chief judges are determined by seniority
Term
claim
Definition
a creditor's assertation of a right to payment from a debtor or the debtor's property
Term
class action
Definition
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.
Term
clerk of court
Definition
the court officer who oversees administrative functions, especially managing the flow of cases through the court.  The clerk's office is often called a court's central nervous system.
Term
common law
Definition
the legal system that originated in England and is now in use in the US that relies on articulation of legal principals in a historical succession of judicial decisions.
Term
complaint
Definition
a written statement that begins a civil lawsuit, in which the plaintiff details the claims against the defendant
Term
confirmation
Definition
approval of a plan of reorganization by a bankruptcy judge
Term
contract
Definition
an agreement between two or more persons that creates an obligation to do or not to do a particular thing
Term
conviction
Definition
a judgement of guilt against a criminal defendant
Term
counsel
Definition
legal advice; a term also used to refer to the lawyers in a case
Term
court
Definition
government entity authorized to resolve legal disputes
Term
court reporter
Definition
a person who makes a word-for-word record of what is said in court, generally by using a stenographic machine, shorthand or audio recording, and then produces a transcript of the proceedings upon request
Term
count
Definition
an allegation in an indictment or information, charging a defendant with a crime.
Term
damages
Definition
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)
Term
declaratory judgment
Definition
a judge's statement about someone's rights
Term
de facto
Definition
Latin, meaning "in fact" or "actually". exists in fact but not as a matter of law
Term
default judgment
Definition
a judgment awarding a plaintiff the relief sought in the complaint becasue the defendant has failed to apear in court or otherwise respond to the complaint
Term
defendant
Definition
in a civil case, the person or organization against whom the plaintiff brings suit; in a criminal case, the person accused of the crime
Term
de jure
Definition
Latin, meaning "in law".  Something that exists by operation of law
Term
de novo
Definition
Latin, meaning 'anew".  A trial de novo is a completely new trial.
Term
deposition
Definition
an oral statement made before an officer authorized by law to administer oaths.  Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial
Term
discovery
Definition
procedures used to obtain disclosure of evidence before trial
Term
dismissal without prejudice
Definition
court action that prevents an identical lawsuit from being filed later
Term
docket
Definition
a log containing the complete history of each case in the form of brief chronological entries summarizing the court proceedings
Term
due process
Definition
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.
Term
en banc
Definition
French, meaning "on the bench".  All judges of an appellate court sitting together to hear a case.
Term
equitable
Definition
pertaining to civil suits in "equity" rather than in "law".
Term
evidence
Definition
information presented in testimony or in documents that is used to persuade the fact finder to decide the case in favor of one side or the other
Term
exculpatory evidence
Definition
evidence indicating that a defendant did not commit the crime
Term
ex parte
Definition
a proceeding brought before a court by one party only, without notice to or challenge by the other side
Term
federal public defender
Definition
an attorney employed by the federal courts on a full-time basis to provide legal defense to defendants who are unable to afford counsel
Term
federal public defender organization
Definition
as provided for in the Criminal Justice Act, an organization established within a federal judicial circuit to represent criminal defendants who cannot afford an adequate defense
Term
federal question jurisdiction
Definition
jurisdiction given to federal courts in cases involving the interpretation and application of the US Constitution, acts of Congress, and treaties
Term
felony
Definition
a serious crime, usually punishable by at least one year in prison
Term
file
Definition
to place a paper in the official custody of the clerk of court to enter into the files or records of a case
Term
grand jury
Definition
a body of 16-23 citizens who listen to evidence of criminal allegations, which is presented by the prosecutors, and determine whether there is a probable cause to believe an individual committed an offense
Term
hearsay
Definition
evidence presented by a witness who did not see or hear the incident in question but heard about it from someone else.  With some exceptions, hearsay generally is not admissible as evidence at trial
Term
impeachment
Definition

1.  the process of calling a witness's testimony into doubt.

2.  the constitutional process whereby the House of Rep may "impeach" high officers of the federal government, who are then tried by the Senate

Term
in camera
Definition
Latin, meaning in a judge's chambers.  outside the presence of the jury and the public.  in private
Term
inculpatory evidence
Definition
evidence indicating that a defendant did commit the crime
Term
indictment
Definition
the formal charge issued by a grand jury stating that there is enough evidence that the defendant commited the crime to justify having a trial; it is used primarily for felonies
Term
information
Definition
a formal accusation by a government attorney that the defendant committed a misdemeanor
Term
injunction
Definition
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
Term
interrogatories
Definition
a form of discovery consisting of written questions to be answered in writing and under oath
Term
issue
Definition

1.  the disputed point between parties in a lawsuit

2.  to send out officially, as in a court issuing an order

Term
joint administration
Definition
a court-approved mechanism under which two or more cases can be administered together
Term
judge
Definition
an official of the judicial branch with authority to decide lawsuits brought before courts
Term
judgeship
Definition
the position of judge.  By statute, Congress authorizes the number of judgeships for each district and appellate court
Term
judgment
Definition
the official decision of a court finally resolving the dispute between the parties to the lawsuit
Term
judicial conference of the US
Definition
the policy-making entity for the federal court system.  A 27-judge body whose presiding officer is the Chief Justice of the US
Term
jurisdiction
Definition
the legal authority of a court to hear and decide a certain type of case.  Synonym for venue
Term
jurisprudence
Definition
the study of law and the structure of the legal system
Term
jury
Definition
the group of persons selected to hear the evidence in a trial and render a verdict on matters of fact
Term
jury instructions
Definition
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
Term
lawsuit
Definition
a legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty which resulted in harm to the plaintiff
Term
lien
Definition
a charge on specific property that is designed to secure payment of a debt or performance of an obligation.  A debtor may still be responsible for a lien after a discharge
Term
litigation
Definition
a case, controversy, or lawsuit. Participants in lawsuits are called litigants
Term
magistrate judge
Definition
a judicial officer of a district court, who conducts initial proceedings in criminal cases, decided criminal misdemeanor cases, conducts many pretrial civil and criminal matters on behalf of district judges, and decides civil cases with the consent of the parties.
Term
mental health treatment
Definition
special condition the court imposes to require an individual to undergo evaluation and treatment for a mental disorder
Term
misdemeanor
Definition
an offense punishable by one year of imprisonment or less
Term
mistrial
Definition
an invalid trial, caused by fundamental error. Trial must start again with a new jury
Term
moot
Definition
not subject to a court ruling because the controversy has not actually arisen or has ended
Term
motion
Definition
a request by a litigant to a judge for a decision on an issue relating to the case
Term
motion in limine
Definition
a pretrial motion requesting the court to prohibit the other side from presenting, or even referring to, evidence on matters said to be so highly prejudicial that no steps taken by the judge can prevent the jury from being unduly influenced
Term
nolo contendere
Definition
no contest
Term
opinion
Definition
a judge's written explanation of the decision of the court
Term
oral argument
Definition
an opportunity for lawyers to summarize their position before the court and also to answer the judges' questions
Term
panel
Definition
1. in appellate cases, a group of judges assigned to decide the case 2. in the jury selection process, the group of potential jurors 3. the list of attorneys available
Term
per curiam
Definition
Latin, meaning "for the court". In appellate courts, often refers to an unsigned opinion
Term
peremptory challenge
Definition
a district court may grant each side in a civil or criminal trial the right to exclude a certain number of prospective jurors without cause or giving a reason
Term
petit jury (or trial jury)
Definition
a group of citizens who hear the evidence presented by both sides at trial and determine the facts in dispute
Term
petition
Definition
the document that initiates the filing of a bankruptcy proceeding, setting forth basic information regarding the debtor, including name, address, chapter under which the case is filed, and estimated amount of assets and liabilities
Term
petty offense
Definition
a federal misdemeanor punishable by six months or less in prison
Term
plaintiff
Definition
a person or business that files a formal complaint with the court
Term
plea
Definition
in a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges
Term
pleadings
Definition
written statements filed with the court which describe a party's legal or factual assertions about the case
Term
precedent
Definition
a court decision in an earlier case with facts and legal issues similar to a dispute currently before a court
Term
pretrial conference
Definition
a meeting of the judge and lawyers to plan the trial, to discuss which matters, should be presented to the jury, to review proposed evidence and witnesses, and to set a trial date
Term
pretrial services
Definition
a function of the federal courts that takes place at the very start of the criminal justice process
Term
procedure
Definition
the rules for conducting a lawsuit
Term
pro per
Definition
a slang expression sometimes used to refer to a pro se litigant
Term
pro se
Definition
representing oneself. serving as one's own lawyer
Term
prosecute
Definition
to charge someone with a crime
Term
pro tem
Definition
temporary
Term
record
Definition
a written account of the proceedings in a case, including all pleadings, evidence, and exhibits submitted in the course of the case
Term
remand
Definition
send back
Term
reverse
Definition
the act of a court setting aside the decision of a lower court
Term
sanction
Definition
a penalty or other type of enforcement used to bring about compliance with the law or with rules and regulations
Term
senior judge
Definition
a federal judge who, after attaining the requisite age and length of judicial experience, takes senior status, thus creating a vacancy among a court's active judges
Term
sentence
Definition
the punishment ordered by a court for a defendant convicted of a crime
Term
sentencing guidelines
Definition
a set of rules and principles established by the US Sentencing Commission that trial judges use to determine the sentence for a convicted
Term
service of process
Definition
the delivery of writs of summonses to the appropriate party
Term
settlement
Definition
parties to a lawsuit resolve their dispute without having a trial
Term
sequester
Definition
to separate
Term
statement of intention
Definition
a declaration made by a chapter 7 debtor concerning plans for dealing with consumer debts that are secured by property of the estate
Term
standard of proof
Definition
degree of proof required. criminal cases beyond a reasonable doubt. civil cases by preponderance of the evidence (50 percent plus)
Term
statute
Definition
a law passed by a legislature
Term
statute of limitations
Definition
the time within which a lawsuit must be filed or a criminal prosecution begun
Term
sua sponte
Definition
Latin, meaning "of its own will." court taking a action without being asked to do so by either side
Term
subordination
Definition
the act or process by which a person's rights or claims are ranked below those of others
Term
subpoena
Definition
a command, issued under a court's authority, to a witness to appear and give testimony
Term
subpoena duces tecum
Definition
a command to a witness to appear and produce documents
Term
summary judgment
Definition
a decision made on the basis of statements and evidence presented for the record without a trial. used when it is not necessary to resolve the dispute with facts
Term
temporary restraining order
Definition
akin to a preliminary injunction, it is a judge's short-term order forbidding certain actions until a full hearing can be conducted. (TRO)
Term
testimony
Definition
evidence presented orally by witnesses during trials or before grand juries
Term
toll
Definition
see statue of limitations
Term
transcript
Definition
a written word for word record of what was said either in a proceeding or during other formal conversation
Term
undue hardship
Definition
the most widely used test for evaluating undue hardship in the dischargeability of a student loan
Term
US attorney
Definition
a lawyer appointed by the President in each judicial district to prosecute and defend cases for the federal government
Term
US trustee
Definition
an office of the US Department of Justice responsible for supervising the administration of bankruptcy cases, estates, and trustees
Term
uphold
Definition
the appellate court agrees with the lower court decision and allows it to stand
Term
venue
Definition
the geographic area in which a court has jurisdiction
Term
verdict
Definition
the decision of a trial jury or a judge that determines the guilt or innocence of a criminal defendant or the outcome of a civil case
Term
voir dire
Definition
jury selection process of questioning prospective jurors, to ascertain their qualifications and determine any basis for challenge
Term
voluntary transfer
Definition
a transfer of a debtor's property with the debtor's consent
Term
warrant
Definition
court authorization most often for law enforcement officers, to conduct a search or make an arrest
Term
witness
Definition
a person called upon by either side in a lawsuit to give testimony before the court or jury
Term
writ
Definition
a written court order directing a person to take or refrain from taking a certain act
Term
writ of certiorari
Definition
an order issued by the US Supreme Court directing the lower court to transmit records for a case which it will hear on appeal
Supporting users have an ad free experience!