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219 Cards in this Set
- Front
- Back
- 3rd side (hint)
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Suppress
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Restrain; Eliminate
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Quash
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To Subdue; Suppress; Eliminate
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Diversion
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Community service for first time drug users to dismiss case
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Restitution
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Settlement
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Greivance Procedure
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procedure to present the complaints
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Material Witness
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a person who apparently has information about the subject matter of a lawsuit or criminal prosecution which is significant enough to affect the outcome of the case or trial. Thus, the court must make every reasonable effort to allow such a witness to testify, including a continuance (delay in a trial) to accommodate him/her if late or temporarily unavailable
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Attesting Witness
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Declare that something exists or is the case; Provide or serve as clear evidence of
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Docket Sheet
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List of cases in court to be heard that day
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Hearsay
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1) second-hand evidence in which the witness is not telling what he/she knows personally, but what others have said to him/her. 2) a common objection made by the opposing lawyer to testimony when it appears the witness has violated the hearsay rule. 3) scuttlebutt or gossip.
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Line Up
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n. a law enforcement method used in an attempt to have a witness or victim identify a person suspected of committing a crime. The suspect is included in a line of people, including non-criminals and others (such as plainclothesmen, office clerks,
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On Calendar
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List of that day
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Off Calendar
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Removed/Never on list
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Consecutive Sentence
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Jail time done 1 at a time
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Concurrent Sentence
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Jail time done at the same time
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Due Diligence
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Reasonable steps taken by a person in order to satisfy a legal requirement, esp. in buying or selling something
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Prowling
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To roam or search stealthily
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Null
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Not valid
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Appeal for Reversal
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Back to original state
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Miscarriage of Justice
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Error judicial
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Appearance Docket
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List of appearances kept by clerk/court
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Arrest of Judgment
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Act of staying a judgment; Refuse to render a judgment
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Bookmaking
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A bookmaker, or bookie, is an organization or a person that takes bets on sporting and other events at agreed upon odds.
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Engrossment
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The final version of a legal document
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Disposition
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Plea bargain (possible solutions); Judges ruling; Resolution; the court's final determination of a lawsuit or criminal charge.
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Affirmative Defense
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a set of facts that limit or eliminate liability; response to a plaintiff's claim
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Unanimity
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All in agreement; Unanimous
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Body Attachment
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Written order to bring before the court: 1) witness fails to comply with subpoena, 2) party fails to comply with court order in civil action, 3) material witness in a criminal case
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writ of body attachment; writ for civil contempt; warrant for a civil arrest
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Bail Reinstatement
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Restore to a former position or state
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Bail Exoneration
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Release from burden of bail
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Dismissal with Prejudice
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Court action that prevents an identical lawsuit from being filed later
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Demurrer
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Objection to introduction of any evidence; An assertion by the defendant that although the facts alleged by the plaintiff in the complaint may be true, they do not entitle the plaintiff to prevail in the lawsuit.
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n.
Law. A method of objecting that admits the facts of the opponent's argument but denies that they sustain the pleading based upon them. "to enter a demurrer" |
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Deterrance
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Discouraging criminal acts by threatening punishment
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Chambers
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A judge's private room or office wherein he or she hears motions, signs papers, and performs other tasks pertaining to his or her office when a session of the court, such as a trial, is not being held.
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Commissioner
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A government administrator; Government official or representative in charge of a department or district
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Furlough
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Grant a leave to; Dismiss; A leave of absence
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Forfeit Bail
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To give upor lose bail
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County Blues
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Prison Clothes
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Docket
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Lista de Casos
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Gavel
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wooden hammer
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Infraction
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Minor violation of a rule, law, or obligation; Act of breaking; Breach; Violation
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Judge Pro Tem
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Officers of the court, and public officials are appointed or elected for certain time, not definitively
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"for the time being"
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Night Court
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Criminal court (in large cities) that sits at night
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Paralegal
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Person trained in subsidiary legal matters but not fully qualified as a lawyer
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Subsidiary
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Assistant
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Priorable Offense
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Many sentencing schemes dramatically enhance a person’s sentence if he has been convicted in the past of certain kinds of prior offenses. A “priorable” offense is an offense that can count as a “prior” under such a scheme; the term is usually with some particular scheme, which is clear from context, in mind.
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Railing
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Painful; To utter abusive language; Act of abuse; A listing of all the criminal convictions against an individual
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Roll Out
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Presentación de presos
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Sidebar Conference
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When the judge talks confidentially to the lawyers in the place next to or in front of the judge's bench
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Work Furlough
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Authorized absense from work
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Rap Sheet
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The daily written record of events (as arrests) in a police station
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A dime a dozen
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Anything that is common and easy to get, of little value
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All or nothing
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A neuron either conducts an action potential or it does not.
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All that glitters is not gold
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Appearances can be deceptive and things that look or sound valuable can be worthless
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All the more reason
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Makes something even more justifiable
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All's well that ends well
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After a difficult situation is resolved, everything is well
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Ask for the moon
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Demanding the impossible; Asking for something that is extremely unlikely
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At long last
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As the end result of a succession or process
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Back to the drawing board
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Start again on a new design - after a failure of an earlier attempt
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Bend the law
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To cheat a little bit without breaking the law
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Burn one's bridges
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To destroy all possible ways of going back to a situation
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Button your lip
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Keep quiet and don't speak; A way of telling someone to shut up; Keep secret
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By the skin of one's teeth
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Just barely; By a very narrow margin; Hardly, scarcely, almost
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Cash and carry
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Policy created during WWII where allies must pay American items in full and transport them themselves
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Charity begins at home
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You should try to help your family and friends before you help other people; Do as you would be done
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Cock and bull story
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Unbelievable story; An unbelievable lie
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Come to blows
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Start fighting after a disagreement
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Come to grips with something
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To understand, accept, or deal with something difficult
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Common law marriage
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An informal type of marriage created by the parties themselves; A union of two people not formalized in the customary manner as prescribed by law but created by an agreement to marry followed by Cohabitation.
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Down and out
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Desperately poor and need help; No job or home
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Eat someone out of house and home
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Eat so much as to deplete someones resources; Little food is left for the owner
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Foot the bill
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Pay for the whole thing, bill
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Forewarned is forearmed
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If you know about something beforehand, you can prepare for it
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From the school of hard knocks
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Education one gets from life's usually negative experiences, often contrasted with formal education
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Go on a binge
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To do too much of something, such as eating or drinking
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Green with envy
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Very jealous or envious
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Happy as a lark
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Very happy (sometimes with the extra connotations of being carefree or unaware of grimmer realities)
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In hot water
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In big trouble
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Life of riley
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An easy and pleasant life
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Second nature
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Acquired behavior that is practiced so long it seems innate; A characteristic or habit that appears to be instinctive
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To go against the grain
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To irritate someone
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Be knee-high to a grasshopper
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To be very small or young
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baker's dozen
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13, not 12
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As a cucumber
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Calm; Cool
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Raison d'être
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Reason for being; Justification for existence
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pièce de résistance
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The main dish of a meall; The principal event, incident, or item; An outstanding accomplishment
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Achilles heel
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A weakness
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Civil Action
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legal action to protect a private civil right or to compel a civil remedy
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Complaint
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Formal written statement where plaintiff presents facts & demands relief
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Plaintiff
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Party who complains or sues; Injured party
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File
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Submit doc prepared by attorney to official custody of the clerk
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Litigants
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Parties to the suit (Plaintiff's & Defendant's)
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Answer
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Answer to the complaint; Plaintiff's version of incident
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Litigation
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Court proceedings; An action brought in court to enforce a particular right. The act or process of bringing a lawsuit in and of itself; a judicial contest; any dispute.
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Summons
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Procedure where ppl are notified that they're being sued & an answer must be filed by a given time
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Writ
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Formal command from the court which is delivered by a law enforcement officer ; An order issued by a court requiring that something be done or giving authority to do a specified act.
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Pleadings
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A formal statement of the cause of an action or defense
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Joined
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Parties have agreed to the basic issues constituting the dispute
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Pre-Trial
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Need as much info as possible
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Discovery
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Obtain info through interrogatories, depositions, motions - physical evidence
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Depositions
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Oral statements made under oath before an officer of the court & taken down in writing by reporter
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Interrogatories
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Written questions to opponent that require written answers under oath
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Motion
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Application made to the court for an order or ruling, judge will grant or deny motion
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Hearing
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Both sides argue before the judge in open court
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Pre-Trial Conference
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Meeting betwn attorneys for 2 parties, attorney's may settle the case
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Motion for Judgment N.O.V.
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Not withstanding the verdict; If party thinks the verdict is wrong, granted only if the evidence introduced at the trial fails to support the verdict of the jury - the judge uses the power to reverse the verdict instead of approving it
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Office of the Chief Immigration Judge
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Supervises & directs the activities of the Offices of the Immigration Judges
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Deportation Hearing
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Occurs when 1) respondent entered the country illegally; &/or 2) person entered the country legally with a visa but later violates a condition of the visa
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Order to Show Cause (OSC)
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Charging doc issued by the INS when they believe a respondent is deportable; When filed -> proceedings begin
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a judge's written mandate that a party appear in court on a certain date and give reasons, legal and/or factual, (show cause) why a particular order should not be made. This rather stringent method of making a party appear with proof and legal arguments is applied to cases of possible contempt for failure to pay child support, sanctions for failure to file necessary documents or appear previously,
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Bond Redetermination Hearing
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Respondent has rt to ask judge to redetermine the bond; Judge can change any conditions of the bond (raise, lowered, maintained, or eliminated)
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Exclusion Hearing
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Involves person who tries to enter the US but is stopped at the point of entry because the person is found inadmissible; Applicant did not enter country; Burden of proof on alien
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Rescission Hearing
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If w/in 5 yrs the INS discovers that the applicant was not entitled to lawful permanent residence status
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rescission has been defined as the unmaking of a contract between parties.[1] Rescission is the unwinding of a transaction. This is done to bring the parties, as far as possible, back to the position in which they were before they entered into a contract
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Master Calender
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Judge completes simple cases; & establishes whether deportability or admissibility of the applicant is a contested issue; & discusses other discretionary relief
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Voluntary Departure
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Respondents allowed to leave the country at their own expense within a time limit set by judge; Respondents are able to reenter the US w/ proper visa
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Order of Deportation
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Respondent is removed from the country at gov't expense; Respondent cannot reenter the country for 5 yrs unless granted a waiver
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Request for Asylum
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Respondent must prove a well grounded fear of persecution because of race, religion, nationality, political beliefs, or membership in a social club if they are returned to their country
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Suspension of Deportation
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Respondent has been living illegally in the US for at least 7 yrs; Must prove: good moral character, extreme hardship if returned to their country, 7 yrs of continuous physical presence
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Adjustment of Status
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Respondent is deportable but is eligible for lawful permanent resident status due to a number of factors (married to citizen)
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Individual Calender
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Judge determines deportability or excludability, each party given rt to waive or reserve appeal; Judges word is final if parties waive / appeal
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ndividual Calendar Hearings.
Evidentiary hearings on contested matters are referred to as individual calendar hearings or merits hearings which may be scheduled at the first hearing. Contested matters include challenges to removability/deportability and applications for relief. At these hearings the alien has the ability to introduce evidence and call witnesses to support any claims for relief they may have. Aliens also have the ability to object to the government’s evidence and cross-examine the government’s witnesses. After the alien and the government have presented their cases, the Immigration Judge will either enter an oral ruling at the conclusion of the hearing or issue a decision at a later date. |
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Minute Order
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Form order given to parties after Individual Calender hearing for deportation; Summarizes judges decision
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A minute order is often the court's answer to a party's request.
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Bag-and-Baggage Letter
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Letter to leave the country within 30 days
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Conscription
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is the compulsory enrollment of people to some sort of national service, most often military service - DRAFT
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Indigent
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Poor, Needy
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O.R. - Own Recognizance
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the basis for a judge allowing a person accused of a crime to be free while awaiting trial, without posting bail, on the defendant's own promise to appear and his/her reputation. The judge may consider the seriousness of the crime charged, the likelihood the defendant will always appear, the length of time the person has lived in the area, his/her reputation in the community, his/her employment, financial burdens, and the demeanor of the accused. In minor crimes, traffic offenses, and technical law violations such as leaky septic systems, judges routinely grant release on one's own recognizance.
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Political Asylum
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Protection granted by a nation to someone who has left his native country as a political refugee
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Recidivist
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A convicted criminal who reoffends; a repeat criminal offender, convicted of a crime after having been previously convicted.
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Larceny
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Theft
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Bench Jury
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Decided by judge
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Admonished
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to caution or advise against something; warn
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Affidavit
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Written statement made under oath (for use as proof in a court of law)
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Affiant
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A person who signs an affidavit and swears to its truth before a notary public or some person authorized to take oaths
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Assailant
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A person who attacks, that is hostile
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Assess
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Evaluate/estimate the value or amount of damages
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Attempt
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To try; to make an effort
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Attend
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to go to or be present at
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Bear Upon
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Have an effect upon
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Biased
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Favoring one side unduly; prejudiced
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Binding
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Executed with proper legal authority; Having legal ability to force someone to do something
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Booked
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To enter in a book or list; Record; Register
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Breaking and Entering
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Trespassing for an unlawful purpose
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Recess
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Break
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Burglary
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Entering a building unlawfully with intent to commit a felony or to steal valuable property
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Burden of Proof
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Duty of proving an assertion; Obligation to provide evidence to prove that someone is guilty or not guilty
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Auto Burglary
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Desvalijamiento/Desmantelamiento de vehículo
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Charge
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Make an accusatory claim; File a formal charge against someone
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Complaint
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Document of accusation of a crime, sworn allegation (Criminal law) a pleading describing some wrong or offense;(Civil law) the first pleading of the plaintiff setting out the facts on which the claim for relief is based
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Confirmed the Content
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To make valid by necessary formal approval; Approved by the court
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Confiscate
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Take temporary possession of as a security, by legal authority; To seize by force if necessary; To take possession of
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Seize
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Take temporary possession of as a security, by legal authority; To seize by force if necessary; To take possession of
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Impound
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Take temporary possession of as a security, by legal authority; To seize by force if necessary; To take possession of
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Consistent
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Constant; Remaining the same; Showing the same behavior all the time
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Consult with
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To seek advice or information from; Ask guidance from; To refer to for information
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Nolo Contendere
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A plea by which a defendant in a criminal prosecution accepts conviction as though a guilty plea had been entered but does not admit guilt
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Conviction
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(Criminal law) A final judgment of guilty in a criminal case and the punishment that is imposed
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Counsel
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A lawyer who pleads cases in court; Advice; Guidance; Legal adviser
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Custody
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Take temporary possession of as a security, by legal authority; To seize by force if necessary; To take possession of
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Demeanor
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Behavior; Manner of conducting oneself
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Discretion
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The power or right to decide or act according to one's own judgment; Freedom of judgment or choice (w/in officer's ~)
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Disprove
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To show that something is not what it has been claimed to be; Refute; To prove false
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Entitled
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Qualified for by right according to law; To be given the right to have or receive something
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Duty
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Work that you are obliged to perform for moral or legal reasons
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Filed
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(n) The papers that make up the record of a case;(v) To deposit with the clerk of the court a written complaint or petition
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Foregoing
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Going before; Preceding; Previous
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Grant
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Allow to have; Any monetary aid
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Hereby
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By means of this declaration, document or action; by means of, by the aid of, by virtue of, through, through the medium of, whereby
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Indict (Indictment)
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Accuse formally of a crime
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Law Enforcement
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The activity of making certain that laws are obeyed
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Lawsuit
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Legal case brought to settle a dispute between people or groups
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Mitigate
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To make less severe
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Overruled
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Ruled against
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Parole
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Conditional release from prison, serve remainder of sentence outside of prison
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Plea
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The answer given in court by a person accused of crime
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Probation
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A way of dealing with offenders without imprisoning them
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Proceedings
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Steps in a court hearing or trial
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Prosecuted
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To bring charges against someone for a crime; Present evidence to prove a persons guilt
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Prosecuting Attorney
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Lawyer representing the STATE in a criminal trial
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Criminal Record
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Record of a person's crimes
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Rehearing
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Request w/in 14 days of getting commissions initial decision; Must show (3): Importance of new info, Why it wasn't presented before, & Why it will help case
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Robbery
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Wrongful taking of someone's property by threatening violence or using violence
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Subpoena
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Written order requiring a witness to appear in court
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Sentenced
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Told the punishment we get for being found guilty
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Sustained
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Judge agrees w/ objection; Upheld as valid, just, or correct
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Undersign
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Person/s who sign at the end of a letter/document
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Warrant
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Writ from a court commanding police to perform specified acts
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Probable Cause
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Belief that defendant commited a crime; Sufficient evidence to warrant an arrest/search/seizure
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Summons
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Defendant order to appear at a given place & time
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Apprehension
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Arrest of an individual on criminal charge; Fearful expectation or anticipation
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Redirect
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Direct defendant again; Further examination of a witness after cross-examination, carried out by the party that first called the witness.
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Arraignment
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Formally accused of an offense; Proceeding where a def is brought to court, told of the charges in an indictment or information, & asked to plead guilty or not guilty
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Arraignment is usually a criminal defendant's first appearance in court or before a judge on a criminal charge. At arraignment, the charges against the defendant will be read or the defendant will be asked if he/she is aware of the charges against them, and will be asked how they wish to plead. It is not a hearing to determine guilt or innocence.
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Assault
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Threatened or attempted physical attack by someone
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Information
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Written accusation; Formal charging doc; Made by prosecutor; No jury
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indictment
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A written accusation charging that an individual named therein has committed an act or omitted to do something that is punishable by law; Written accusation by a grand jury
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True Bill
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Indictment approved by a grand jury; n. the written decision of a grand jury (signed by the grand jury foreperson) .Prosecutor has presented enough evidence to establish probable cause
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n. the written decision of a grand jury (signed by the grand jury foreperson) that it has heard sufficient evidence from the prosecution to believe that an accused person probably committed a crime and should be indicted.
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No Bill
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Grand jury's refusal to approve an indictment filed by the prosecutor; Prosecutor didn't present sufficient evidence to prove guilty
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Prima Facie
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Did show enough evidence to prove guilty
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Prima facie is a Latin term meaning "at first look," or "on its face," and refers to evidence before trial which is sufficient to prove the case unless there is substantial contradictory evidence shown at trial. A prima facie case must be presented to Grand Jury by the prosecution in order to get an indictment.
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Initial Appearance
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1st appearance of arrested suspect before a judge for consideration of bail
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Preliminary Hearing
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1st screening of criminal charge in Fed. court to decide if: Continue w/ case; Post bail; Held on trial
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a proceeding, after a criminal complaint has been filed by the prosecutor, to determine whether there is enough evidence to require a trial.
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Discovery
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Physical evidence
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Motion
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Oral/Written request asking court to make a certain finding, decision, or order
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Motion to Dismiss
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Def. request to dismiss charges because indictment wasn't validly brought
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Motion to Supress
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Def. requests to not allow certain evidence because it was obtained ilegally
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Motion for a Change of Venue
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Def. feels that conditions of judicial district will not allow fair trial; Requests to be transered
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Dismiss
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Declare void
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Restitution
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Sum of money paid in compensation for loss or injury; Act of restoring something to its original state
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Assessments
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Evaluation or appraisal of something
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Plea Bargain
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Enter a plea not accepting all charges; Guilty w/ certain considerations
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Guilty Plea
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Answer to formal charges by accused, must give up certain rights
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Plea Agreement
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Terms of the plea; Doc. signed by both parties
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Presentence Investigation Report (PSI)
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Info of the Def. background mental conditions
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Voir Dire
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Jury selection process; Preliminary questions that trial attorneys ask prospective jurors to determine whether they are biased or have any connection with the defendant or a witness
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Voir dire is a Latin term meaning "to see or speak". Voir dire is a legal procedure conducted before trial in which the attorneys and the judge question of prospective jurors to determine if any juror is biased and/or cannot deal with the issues fairly, or if there is cause not to allow a juror to serve.
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Challenge for Cause
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Dismissal of juror because they are biased, have prior knowledge, not fair
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Peremptory Challenge
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Dismissal of juror by either side for unexplained reasons; Each side gets certain amt
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Sequence of Questions
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1. DIRECT (try to get story from indiv) 2.CROSS EXAMINATION (Emphasize Inconsistencies, but only questions from Direct) 3.REDIRECT (Clarification of misapprehensions in Cross) 4.RECROSS (Limited to clarification of Redirect)
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Sidebar Discussions
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Consultation w/ the Judge at bench
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Closing Arguments
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Argue what did prove & what other party failed to prove
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Provision
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Stipulation, Rule, Qualification
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Reformed
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To improve the way society/person runs; To change; Amended
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Garnishing
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to obtain a court order directing a party holding funds (such as a bank) or about to pay wages (such as an employer) to an alleged debtor to set that money aside until the court determines (decides) how much the debtor owes to the creditor. Garnishing funds is also a warning to the party holding the funds (garnishee) not to pay them, and to inform the court as to how much money is being held. If the garnishee (such as a bank or employer) should mistakenly give the money to the account owner or employee, the garnishee will be liable to pay the creditor what he/she/it has coming.
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Garnishing wages is a typical means used to collect late child support and alimony payments, or money judgments.
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Prosecution
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Gov't body that brings charges against a person accused of breaking the law
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O.R. Motion
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Own Recognizance
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