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43 Cards in this Set
- Front
- Back
PLEADING |
THE ACT OF PREPARING AND PRESENTING LEGAL DOCUMENTS AND ARGUMENTS |
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DEMURRER |
A PLEADING FILED BY AN OPPOSING PARTY |
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GRAND JURY |
A LEGAL BODY (16-23 CITIZENS) EMPOWERED TO CONDUCT OFFICIAL PROCEEDINGS TO INVESTIGATE POTENTIAL CRIMINAL CONDUCT AND DETERMINE IF CRIMINAL CHANGES FILED. |
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SUBPOENA |
IS A WRIT ISSUED BY A GOVERNMENT AGENCY MOST OFTEN A COURT, TO COMPEL TESTIMONY BY A WITNESS OR PRODUCTION OF EVIDENCE UNDER PENALTY OR FAILURE
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MITIGATION |
ANY INFORMATION OR EVIDENCE PRESENTED TO THE COURT REGARDING THE DEFENDANT OR THE CIRCUMSTANCES OF THE CRIME THAT MIGHT RESULT IN REDUCED CHANGES OR LESSER SENTENCES |
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COMPLAINT |
A COMPLAINT IS ANY FORMAL LEGAL DOCUMENT THAT SET OUT THE FACTS AND LEGAL REASONS |
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DEPOSITION |
THE RECORDING OF TESTIMONY OF A WITNESS UNDER OATH BEFORE A COURT REPORTER IN PLACE AWAY FROM THE COURT ROOM BEFORE TRIAL |
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CONFIDENTIALITY |
PRIVILEGED COMMUNICATION/ CONFIDENTIALITY : STATEMENT AND CONVERSATION AND CONVERSATION MADE UNDER CIRCUMSTANCES OF ASSURED CONFIDENTIALITY WHICH MUST NOT BE DISCLOSED IN COURT. |
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HEARSAY |
THE REPORT OF ANOTHER PERSON'S WORDS BY A WITNESS, USUALLY DISALLOWED AS EVIDENCE IN A COURT OF LAW |
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DIMISSAL |
IN LITIGATION, A DISMISSAL IS THE RESULT OF A SUCCESSFUL MOTION TO DISMISS |
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CONTINUANCE |
A CONTINUANCE IS THE POSTPONEMENT OF A HEARING |
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MISDEMEANOR |
A CRIME PUNISHABLE WITH INCARCERATION FOR ONE YEAR OR LESS OR PETTY THEFT, PROSTITUTION, PUBLIC INTOXICATION TRESPASS - ALL OTHER ARE FELONIES |
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PROBATION |
A CHANCE TO REMAIN FREE ( OR SERVE ONLY A SHORT TIME) GIVEN BY A JUDGE TO A PERSON CONVICTED OF A CRIME INSTEAD OF A BEING SENT TO JAIL OR PRISON, PROVIDED THE PERSON CAN BE GOOD. |
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DEFAULT |
THE FAILURE TO DO SOMETHING REQUIRED BY LAW |
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AFFIDAVIT |
A WRITTEN STATEMENT OF FACTS, SWORN TO AND SIGNED BY A DEPONENT BEFORE A NOTARY PUBLIC OR SOME OTHER AUTHORITY HAVING THE POWER TO WITNESS AN OATH |
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CONTEMPT |
CRIMINAL CONTEMPT INVOLVES WITH THE AIM OF OBSTRUCTION OF JUSTICE SUCH AS THREATENING A JUDGE OR WITNESS OR DISOBEYING AN ORDER TO PRODUCE EVIDENCE |
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DISCOVERY |
A PROCESS IN COURT OF LAW RELATING TO EVIDENCE |
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MIRANDA |
A FORMAL WARNING THAT IS REQUIRED TO BE GIVEN BY LAW ENFORCEMENT TO CRIMINAL SUSPECTS |
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INDIGENT |
POVERTY / LACKING CERTAIN AMOUNT OF MATERIAL POSSESSIONS OR MONEY |
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PREJUDICE |
WITH PREJUDICE: IS ESSENTIALLY FINAL AND NOT ABLE TO REFILE/ WITHOUT PREJUDICE: WOULD LEAVE PARTY TO OPEN TO REFILE |
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FELONY |
A SERIOUS CRIME: MURDER- ANIMAL CRUELTY- VEHICULAR HOMICIDE- ARSON- BURGLARY- TAX EVASION- FRAUD- KIDNAPPING- OBSTRUCTION OF JUSTICE-AGGRAVATED ASSAULT/ BATTERY |
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PERJURY |
THE CRIME OF INTENTIONALLY LYING AFTER DULY SWORN |
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VENUE |
THE PLACE A CASE IS HEARD |
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SPEEDY TRIAL |
SPEEDY TRIAL IS A HUMAN RIGHT UNDER WHICH IT IS ASSERTED THAT A GOVERNMENT PROSECUTOR MAY NOT DELAY THE TRIAL FO A CRIMINAL SUSPECT ARBITRARILY AND INDEFINITELY |
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PAROLE |
RELEASE OF A PRISONER WHO AGREES TO CERTAIN CONDITIONS PRIOR TO THE COMPLETION OF THE MAXIMUM SENTENCE PERIOD.` |
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ARRAIGNMENT |
A FORMAL READING OF A CRIMINAL CHARGING DOCUMENT IN THE PRESENCE OF THE DEFENDANT |
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WAIVER |
A WAIVER IS A VOLUNTARY RELINQUISHMENT OR SURRENDER OF SOME KNOW RIGHT OR PRIVILEDGE |
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JOINDER |
THE INCLUSIONS OF ADDITIONAL COUNTS OR ADDITIONAL AS ON AN INDICTMENT |
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IMMUNTITY |
A PROMISE NOT TO PROSECUTE FOR A CRIME IN EXCHANGE FOR INFORMATION OR TESTIMONY IN A CRIMINAL MATTER GRANTED BY THE PROSECUTORS , A JUDGE, A GRAND JURY, OR AN INVESTIGATING LEGISLATIVE. |
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MALICE |
INTENT TO HARM A CRIMINAL ACT LIKE ASSAULT OR MURDER WITH THE INTENTION OF DOING HARM TO THE VICTIM. |
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MANDAMUS (AKA MANDATE) |
A JUDICIAL REMEDY IN THE FORM OF AN ORDER FROM A SUPERIOR COURT TO "DO" OR FORBEAR" FROM DOING SOME SPECIFIC ACT |
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DOUBLE JEOPARDY |
PROCEDURAL DEFENSE THAT FORBIDS A DEFENDANT FROM BEING TRIED AGAIN ON THE SAME OR SIMILAR CHARGES FOLLOWING A LEGITIMATE ACQUITTAL OR CONVICTION |
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BIAS |
BIASED MEANS ONE SIDED, LACKING A NEUTRAL VIEW POINT NOT HAVING AN OPEN MIND |
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BALLISTICS |
IS A SCIENCE OF MECHANICS THAT DEALS WITH LAUNCHING, FLIGHT, BEHAVIOR AND EFFECTS OF PROJECTILES, ESPECIALLY BULLETS, GRAVITY, BOMBS, ROCKETS, OR THE LIKE; |
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VOIR DIRE |
VOIR DIRE IS A PROCESS BY WITH AN ATTORNEY SELECTS OR PERHAPS MORE APPROPRIATELY REJECTS CERTAIN JURORS TO HER A CASE |
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WRIT |
A FORMAL WRITTEN COURT ORDER |
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EXTRADITITION |
THE OFFICIAL PROCESS WHEREBY ONE COUNTRY OR STATE TRANSFERS A SUSPECTED OR CONVICTED CRIMINAL TO ANOTHER COUNTRY OR STATE |
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HABEAS CORPUS |
IS A SUMMONS WITH THE FORCE OF A COURT ORDER AND DEMANDS THAT A PRISONER BE TAKEN BEFORE THE COURT |
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MANDAMUS |
A JUDICIAL REMEDY IN THE FORM OF AN ORDER FROM SUPERIOR COURT TO ANY GOVERNMENT SUBORDINATE COURT, OR PUBLIC AUTHORITY TO DO OR FORBEAR FROM DOING SOME SPECIFIC ACT WHICH THAT BODY IS OBLIGED UNDER THE LAW TO DO OR REFRAIN FROM DOING; PUBLIC DUTY OR STATUTORY DUTY |
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CERTIORARI |
IS A WRIT SEEKING JUDICIAL REVIEW A WRIT OF A HIGHER COURT TO A LOWER COURT TO SEND ALL DOCUMENTS IN A CASE TO IT SO THE HIGHER COURTS CAN. REVIEW THE LOWER COURTS DECISION |
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EX PARTE |
A DECISION DECIDED BY A JUDGE WITH OUT REQUIRING ALL OF THE PARTIES TO THE CONTROVERSY TO BE PRESENT |
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SUBPOENA DUCES TECUM |
IS A COURT SUMMONS ORDERING THE RECIPIENT TO APPEAR BEFORE THE COURT AND PRODUCE DOCUMENT OR TANGIBLE EVIDENCE FOR THE USE AT A HEARING OR TRIAL |
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M'NAGHTEN RULE |
THE M'NAGHTEN RULE IS A TEST FOR CRIMINAL INSANITY. A TEST APPLIED TO DETERMINE WHETHER A PERSON ACCUSED OF A CRIME WAS SANE AT THE TIME OF IS COMMISSION AND THEREFORE, CRIMINALLY RESPONSIBLE FOR THE WRONG DOING. |