Court System & Structures

Front 1

the pleading

Back 1

series of formal, written statements in which the plaintiff and defendant bothstate their claims for their defense regarding the matter which is being disputed

Front 2

issue of fact

Back 2

argument between the two parties regarding the events which took place whichcaused the lawsuit to arise

Front 3

issue of law

Back 3

argument between the two parties in regards to which legal rules apply to thefacts stated in the pleading

Front 4

pretrail procedure

Back 4

occurs when parties must disclose any evidence they have to prove the arguedfacts (used to push for settlements between parties so trial does not have totake place or to make trials more effective)

Front 5

judgment on pleadings

Back 5

occurs when the judge determines there is no issue of fact or law; effectivelyending the case

Front 6

discovery

Back 6

includes the right of each party to obtain and present witnesses and evidence(such as documents and physical objects)

Front 7

summary judgment q

Back 7

final ruling by the judge based on the evidence found in the discovery; oftenrequested by the defendant to avoid going to trial

Front 8

the trail

Back 8

introduces the evidence and facts from the pleadings and pretrial procedureand determines the outcome of the case

Front 9

jury selection

Back 9

process of choosing potential jurors by weeding out biased people who cannotbe neutral or fair

Front 10

court system

Back 10

neutral panels established by government agencies to settle a variety ofdisputes among different parties of people and businesses

Front 11

settlement

Back 11

agreement between the plaintiff and the defendant to end the dispute

Front 12

plaintiff

Back 12

party which actually initiates a lawsuit against an organization or individual

Front 13

defendant

Back 13

party denying or defending themselves against allegations made by the plaintiff

Front 14

prosecutor

Back 14

attorney who is hired or appointed by the state or federal government torepresent the plaintiff or the state

Front 15

bailiff

Back 15

court officer responsible for giving out subpoenas, escorting defendants fromjail to the courtroom and representing the jury to the judge

Front 16

court reporter

Back 16

records the official record of the trial; these word-for-word transcripts are usedin appeals

Front 17

small claims courts

Back 17

hear cases involving a limited amount of money; only allow damages of up to$3,000 to be recovered

Front 18

breach of contract

Back 18

when one party fails to perform under the requirements of a valid agreementwith another party (contracts can be written or verbal)

Front 19

state courts

Back 19

decide over 95 percent of the nation’s legal cases and can handle cases whichmay appeal all the way to the federal court level if a federal issue is involved

Front 20

appeal

Back 20

transfer of a case from a lower to a higher level for a new hearing

Front 21

trail courts

Back 21

hear all criminal cases other than minor offenses; can also be called county,district, superior, circuit or common pleas courts

Front 22

appellate courts

Back 22

considered a reviewing court; determine appeals from the decisions of the trialcourts

Front 23

conduct of trail

Back 23

consists of opening statements by attorneys, direct and cross-examination ofwitnesses and closing arguments by attorneys

Front 24

verdict

Back 24

jury’s final decision based on all of the facts and evidence presented in the trial

Front 25

federal district courts

Back 25

use juries and witnesses to help determine the outcome of the case; havejurisdiction to hear nearly all categories of federal cases, including both civiland criminal matters

Front 26

jurisdiction

Back 26

having control or authority over someone or something

Front 27

civil case

Back 27

dispute between two or more parties consisting of the first party, or plaintiff,accusing the second party, or defendant, of causing injury or damage to theplaintiff; reasonable doubt is not required

Front 28

prejudicial error

Back 28

error of fact considered so incorrect it is determined to be an error of law

Front 29

reverse

Back 29

modify a judgment

Front 30

remand

Back 30

send the judgment back

Front 31

affirm

Back 31

keep the decision in effect

Front 32

federal courts of appeal

Back 32

have nationwide authority in areas including: international trade, governmentcontracts, patents, trademarks, specific money claims against the U.S.government, etc.; consist of 12 courts across the United States

Front 33

jury

Back 33

responsible for deciding what is true in a case; in a criminal case, decidingwhether or not the defendant has committed a crime

Front 34

patents

Back 34

grant of property right to an inventor

Front 35

trademark

Back 35

word, name, symbol or device used by manufacturers or merchants to identifyand distinguish their goods from those of others

Front 36

supreme court

Back 36

highest level in the U.S. court system; consists of a Chief Justice and eightassociate justices

Front 37

judiciary branch of gov't

Back 37

explains and applies laws by hearing legal trials and making rulings on them

Front 38

us constitution

Back 38

contains the fundamental laws of the United States

Front 39

the chief justice

Back 39

holds a lifetime position unless he/she makes the decision to step down; iselected by the president of the United States; shares responsibilities with thepresident

Front 40

justice of the peace

Back 40

judge who handles minor legal issues, such as misdemeanors, small claims,traffic matters, performs marriages, etc

Front 41

victim

Back 41

person against whom a crime has been committed defense attorney

Front 42

defense attorney

Back 42

represents the defendant and ensures the defendant is protected according tothe law

Front 43

judge

Back 43

officer in charge of the court proceeding; ensures all evidence used in the trialis legal, instructs the jury; typically provides the sentence when a defendant isconvicted

Front 44

criminal case

Back 44

law has been broken requiring the state to bring charges against the offender;there must not be any reasonable doubt of guilt

Front 45

acquit

Back 45

to be released from criminal charges

Front 46

arraignment

Back 46

when the prosecutor offers the defendant a lesser sentence for pleading guiltyand not going to trial

Front 47

appeal by right

Back 47

request by either of the parties for a higher court to review a case from a lowercourt

Front 48

writ of certiorari

Back 48

request made by the appellate court to reexamine the case