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