Court Systems And Structures.

Front 1

The Pleading

Back 1

series of formal, written statements in which the plaintiff and defendant both state 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 which caused the lawsuit to arise.

Front 3

Issue of law

Back 3

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

Front 4

Pretrial procedure

Back 4

occurs when parties must disclose evidence they have to prove the argued facts(used to push for settlements between parties so trial does not have to take place or make trial more effective)

Front 5

judgement on pleadings

Back 5

occurs when the judge determines there is no issue of fact or law; effectively ending 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 judgement

Back 7

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

Front 8

the trial

Back 8

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

Front 9

jury selection

Back 9

process of choosing potential jurors b y weeding out biased people who cannot be neutral or fair.

Front 10

court systems

Back 10

neutral panels established by government agencies to settle a variety of disputes 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 to represent the plaintiff or the state.

Front 15

baliliff

Back 15

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

Front 16

court reporter

Back 16

records the official record tot the trial; these word-for-word transcripts are used in appeals.

Front 17

small claims courts

Back 17

hear cases involving a limited amount of money; only allow damages of up to $3000 to be recovered.

Front 18

breach of contract

Back 18

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

Front 19

state courts

Back 19

decide over 95 percent of the nations legal cases and can handle cases which may 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

trial courts

Back 21

hears all criminal cases other than minor offences; 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 trial courts.

Front 23

conduct of trial

Back 23

consists of opening statements by attorneys, direct and cross-examination of witnesses and closing argument 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; have jurisdiction to hear nearly all categories of federal cases, including both civil and 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 tot the plaintiff; 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 judgement.

Front 30

remand

Back 30

send the judgement 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, government contracts, patents, trademarks, specific money claims against the U.S. government, etc,; consists 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, deciding whether or not the defendant has committed a crime.

Front 34

patents

Back 34

grand of property right to an inventor.

Front 35

trademark

Back 35

word, name, symbol or device used by manufacturers or merchants to identify and distinguish their good from those of others.

Front 36

supreme court

Back 36

highest level in the U.S. court systems; consists of a chief justice and eight associate justices.

Front 37

judiciary branch of government

Back 37

explains and applies laws by hearing legal trial and making rulings on them.

Front 38

U.S. 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; is elected by the president of the united states; shares responsibilities with the president.

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

represent the defendant and ensures the defendant is protected according to the law.

Front 43

judge

Back 43

officer in charge of the court proceeding; ensures all evidence used in the trial is legal, instructs the jury; typically provides the sentence when a defendant is convicted.

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 prosecute offers the descendant a lesser stance for pleading guilty and 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 lower court.

Front 48

writ of certiorari

Back 48

request made by the appellate court to reexamine the case.