Law Study Guide

Front 1

mediation

Back 1

neutral third party mediator comes in and helps parties settle dispute.

Front 2

arbitration

Back 2

arbitrator settles the dispute and parties must follow the decision.

Front 3

negotiation

Back 3

no third party; 2 parties meet and discuss issues together.

Front 4

initiative

Back 4

citizens gather enough signatures to put an issue onto a ballot for citizens to vote on.

Front 5

referendum

Back 5

a legislation that is referred to voters for final approval or rejection

Front 6

recall

Back 6

allows voters to remove officials from office.

Front 7

flat fee

Back 7

one amount for all your lawyer's services

Front 8

contingency fee

Back 8

lawyer gets a percentage of the recovery amount

Front 9

hourly

Back 9

lawyers are paid by the amount of time they spend on a case.

Front 10

attorney-client privelage

Back 10

a promise that attorneys keep their clients' info private unless given permission. ensures honesty by client.

Front 11

voir dire

Back 11

jury selection; people are reveiwed for bias by lawyers.
criminal-12 civil-8

Front 12

presumptuary removals

Back 12

a lawyer can remove 3 or less people from a jury without just cause

Front 13

amendment 6

Back 13

right to an attorney even if you can't afford one

Front 14

amendment 7

Back 14

a trial by jury to all claims larger than 1600 dollars, and no one can make their own court. jury's decision is final.

Front 15

granting cert

Back 15

supreme court's decision to hear a case

Front 16

majority opinion

Back 16

a judge's written explanation of their decision

Front 17

concurring opinion

Back 17

a written explanation that agrees with the majority opinion, but for different reasons

Front 18

dissenting opinion

Back 18

a written opinion that disagrees with the majority

Front 19

criminal action

Back 19

an action brought by the state.

Front 20

civil action

Back 20

an action brought by a person against another persons

Front 21

court of common pleas

Back 21

civil and criminal

Front 22

municipal court and county courts

Back 22

misdemeanors

Front 23

u.s. supreme court

Back 23

nine members, review cases, decide if they want to grant cert.

Front 24

gideon v. wainwright

Back 24

significant because it set the precedent of the right to a lawyer even if you can't afford one.

Front 25

evidence in court

Back 25

everything stated by witenesses during the trial

Front 26

percent of cases that go to trial

Back 26

10%

Front 27

preponderance of the evidence

Back 27

burden of proof for civil trials

Front 28

beyond a reasonable doubt

Back 28

burden of proof for juveniles and criminal cases

Front 29

witness statement

Back 29

a sworn statement given by witnesses describing all the events that are relevant to the case and their background

Front 30

objection

Back 30

a referall to the judge made by an attorney who thinks the opposing attorney broke one of the rules of evidence.

Front 31

bailiff

Back 31

a court official who is meant to keep order in the courtroom. swears in jury members.

Front 32

motion

Back 32

a request to the judge for a decision

Front 33

plaintiff

Back 33

the one bringing the charges

Front 34

defendant

Back 34

the one being charged

Front 35

jury

Back 35

group of 8 or 9 people chosen randomly to listen to the case and make a decision

Front 36

jury foreperson

Back 36

the jury member that announces the verdict

Front 37

attorney

Back 37

legally appointed counsel to either plaintiff or defendent who supports their case and questions witnesses

Front 38

judge

Back 38

presides over the hearings in a courtroom, sustains or overrules objections.

Front 39

order of questioning

Back 39

direct, cross, redirect, recross.

Front 40

hearsay

Back 40

repeating an out of court staement that was heard, to prove the matter asserted in the statement

Front 41

irrelevant

Back 41

has nothing to do with the issues of the case

Front 42

leading

Back 42

on direct or redirect, asking questions with answers in them.

Front 43

badgering

Back 43

harassing a witness

Front 44

opinion

Back 44

witness states what they believe regarding their observations

Front 45

lack of knowledge

Back 45

stating things without first hand knowledge or observation

Front 46

speculation

Back 46

witness theorizes about what would have happened

Front 47

beyond the scope of examination

Back 47

asking about matters not brought up on previous line of questioning.

Front 48

bethel v. fraser

Back 48

schools can limit juvenile's free speech rights

Front 49

TLO v. New Jersey

Back 49

juveniles and their belongings can be searched with probable cause

Front 50

hazelwook v. kuhlmeier

Back 50

schools can limit juvenile's rights to write whatever they want

Front 51

negligence

Back 51

duty, breach of duty, causation, and damages. carelessness

Front 52

intentional tort

Back 52

someone intentionally did something that damaged another

Front 53

strict liability

Back 53

dangerous activity with serious risk of harm. even if you're careful.

Front 54

examples of intentional torts

Back 54

assault, battery, false imprisonment

Front 55

contributory negligence

Back 55

defense for negligence. means if one of the parties contributed to accident in any way, the whole case was dismissed

Front 56

comparative negligence

Back 56

the injured party may still recover some damages even if they were to blame.