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50 Cards in this Set

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Cross Examination
questioning of a witness during a trial or during the taking of a deposition, by the party opposed to the one who produced the witness
Direct Examination
questioning of a witness in trial or at the taking of a deposition, by the party for whom the witness is testifying
Redirect Examination
follows cross examination and is excorised by the party who first examined the witness
Deposition
testimony taken under oath and recorded in an authorized place outside the courtroom
Appeal
process by which a case is brought from one court to a higher court for review
Exhibit
the paper, document, or other physical object received by the court as evidence during a trial
Hearsay
evidence based on what a witness has heard someone else say rather than what the witness has personally experienced
Inadmissible
that which under the established rules of evidence, cannot be admitted or received in court
Motions
oral or written requests made by a party to an action and brought before a judge prior to, during, or after a trial
Objection
statement by an attorney in opposition to testimony or the attempted admission of evidence and opposing its consideration as evidence
Overruled
1) the court's denial of any motion or objection. 2)to overturn or void a decision in a prior case
Reversal
change in the lower court's decision
Sustained
when the court allows an objection to testimoy or evidence
Testimony
the sworn evidence presented by witnesses
Evidence
any form of proof presented by a party for the purpose of supporting its arguments before the court
Allegation
the assertion, declaration, or statement of a party to a cause made to the court in a pleading stating what that party expects to prove
Appearance
the formal proceeding by which a defendant submits to the jurisdiction of the court
Cause
a suit litigation, or action civil or criminal
Complaint
(civil) initial document filed by the plaintiff in a civil case stating the clims against the defendant (criminal) the formal accusation charging that a person has committed an offense. It is not evidence
Charge
formal accusation against an individual suspected of having committed a criminal offense. It is not evidence
Damages
compensation recovered in the courts by a person who has suffered loss, detriment, and/or injury to his person, property, or ights through the unlawful act or negligence of another
Judgment
a final determination by a court of the rights of the parties in action
Parties
persons, corporations, or associations who have brought a lawsuit or who are defendants
Summons
document served to be the defendant that complaint has been filed
Verdict
formal decision made by a jury, read before the court, and accepted by the judge
Affidavit
a written statement of fact, signed and sworn to before a person having authority to administer an oath
Arraignment
in criminal cases, a court hearing where the defendant is advised of the charges and is asked to plead guilty or not guilty
Challenge for Cause
excusing a juror from a trial for a stated, specific reason, such as the juror knows the parties or witnesses in a case. Each side has an unlimited number of challenges for cause
Due Process
the constitutional guarantee that an accused person receives a fair and impartial trial
Indictment
written accusation of a grand jury, charging that a person of business committed a crime
Mistrial
erroneous or invalid trial. Usually declared because of prejudicial eror in the proceedings. A hung jury, or when the proceedings must be interrupted
Plea
statment made by the defendant as to his/her guilt or innocence to the charge made against him/her
Plea Bargain
process by which the accused and the prosecutor negotiate a mutually satisfactory disposition of the case. Such bargains are not binding on the court
Preponderance of Evidence
a standard of judging evidence by which the judge or the jury determines whether an issue of fact is more probable than not probable
Subpoena
a document issued by the court to compel a witness to appear and give testimony or to procure documentary evidence in a proceeding
Acquit
to find a defendant not guilty in a criminal trial
Answer
a written statement by the defendant in a case, wherein the plaintiff's claims are admitted or denied
Affirm
the declaration of an Appellate court that the judgment of a lower court is correct and should stand
Bail
an amount of money determined by the judge and posted with the court as security to ensure the defendant's appearance in court at a specific time
Burden of Proof
obligation of a party to prove facts as issue in a trial of a case. In criminal cases, the state has the burden of proof
Chambers
a judge's private office
Civil Case
when one perosn, group of persons, or corporation sues another for personal injury, damages to property, or failure to complete a contract
Common law
the system of laws originally developed in England which based upon court decisions, customs, and usage, rather than a body of a written laws and statutes
Motions
oral or written requests made by a party to an action and brought before a judge prior to, during, or after a trial
Continuance
adjournment of the proceedings in a case from one day or term to another
Discovery
the pre-trial proceedings where a party to an action may be informed about (or "discover") the facts known by other parties or witnesses
Habeas Corpus
A writ of habeas corpus require a person to be brought before a judge. It is usually used to direct an official to produce a prisoner so that the court may determine if such a person has been denied liberty without due process
Indigent
meeting certain standards of poverty, qualifying a criminal defendant to a public defender
Probable Cause
committed is the basis for all lawful searches and arrests
Statute
the law as enacted by the legislature