Legal Terminology- Quiz 1

Front 1

Evidence

Back 1

n. every type of proof legally presented at trial (allowed by the judge) which is intended to convince the judge and/or jury of alleged facts material to the case.

Front 2

Preponderance

Back 2

superiority in weight, power, importance, or strength.

Front 3

Weight of Evidence

Back 3

n. the strength, value and believability of evidence presented on a factual issue by one side as compared to evidence introduced by the other side.

Front 4

Probative Value

Back 4

to establish proof, prove a fact; no matter number of witnesses.
based on value of testimony not the number of witnesses.


n. evidence which is sufficiently useful to prove something important in a trial. However, probative value of proposed evidence must be weighed by the trial judge against prejudicing in the minds of jurors toward the opposing party or criminal defendant.

Front 5

Discovery

Back 5

n. the entire efforts of a party to a lawsuit and his/her/its attorneys to obtain information before trial

i.e. gathering of documents, depositions

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Circumstantial Evidence

Back 6

n. evidence in a trial which is not directly from an eyewitness or participant and requires some reasoning to prove a fact.

Front 7

Direct Evidence

Back 7

n. real, tangible or clear evidence of a fact, happening or thing that requires no thinking or consideration to prove its existence, as compared to circumstantial evidence.

Front 8

Exhibits

Back 8

n. 1) a document or object (including a photograph) introduced as evidence during a trial. These are subject to objections by opposing attorneys just like any evidence.

Front 9

Chain of Custody

Back 9

refers to the chronological documentation or paper trail, showing the seizure, custody, control, transfer, analysis, and disposition of physical or electronic evidence.

Front 10

Wigmore

Back 10

10-volume treatise on evidence (1904-05); referred to as “Wigmore on Evidence,” or simply “Wigmore.”
Named after its author John Wigmore

Front 11

Motion in Limine

Back 11

a motion made at the start of a trial requesting that the judge rule that certain evidence may not be introduced in trial. This is most common in criminal trials where evidence is subject to constitutional limitations

Front 12

Voir Dire

Back 12

"to see to speak," the questioning of prospective jurors by a judge and attorneys in court. Voir dire is used 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

Front 13

Case-in-chief

Back 13

Cause of action or defense presented at a trial by a litigant party. The party with the burden of proof usually presents its case-in-chief at the beginning of the trial.

Front 14

Exculpate

Back 14

Show or declare that (someone) is not guilty of wrongdoing

Front 15

Polling the Jury

Back 15

A practice whereby the jurors are asked individually whether they assented, and still assent, to the verdict; it consists of calling the name of each juror and requiring a declaration of his or her verdict before it is recorded.

Front 16

Cumulative

Back 16

cumulative evidence, or that which goes to prove the same point which has been established by other evidence.

Front 17

Relevance/ Relevancy

Back 17

is the tendency of a given item of evidence to prove or disprove one of the legal elements of the case, or to have probative value to make one of the elements of the case likelier or not.

Front 18

Propensity

Back 18

An innate inclination; a tendency.

Front 19

Character

Back 19

The opinion generally entertained of a person derived from the common re 'port of the people who are acquainted with him.

Front 20

Statement

Back 20

1. The act of stating or declaring.
2. Something stated; a declaration.
3. Law A formal pleading

Front 21

Declarant

Back 21

n. the person making a statement, usually written and signed by that person, under "penalty of perjury" pursuant to the laws of the state in which the statement, called a declaration, is made. The declaration is more commonly used than the affidavit, which is similar to a declaration but requires taking an oath to swear to the truth attested to (certified in writing) by a notary public.

Front 22

Hearsay

Back 22

second-hand evidence in which the witness is not telling what he/she knows personally, but what others have said to him/her.

Front 23

Statements not offered for the truth of the matter

Back 23

out-of-court statements offered not for its truth but merely to impeach and/or attack credibility

Front 24

Privilege

Back 24

n. a special benefit, exemption from a duty, or immunity from penalty, given to a particular person, a group or a class of people.

Front 25

Inter Alia

Back 25

"among other things." This phrase is often found in legal pleadings and writings to specify one example out of many possibilities.

Front 26

Extrinsic Evidence

Back 26

Facts or information not embodied in a written agreement such as a will, trust, or contract.

Front 27

Impeachment

Back 27

discrediting a witness by showing that he/she is not telling the truth or does not have the knowledge to testify as he/she did

Front 28

actus reus

Back 28

"Guilty act" As an element of criminal responsibility, the wrongful act or omission that comprises the physical components of a crime.

Front 29

aiding and abetting

Back 29

helping in the commission of a crime while possibly not being present at the time of the crime. the accused was aware of the crime either before or after and assisted in the commision or covering of it.

Front 30

mens rea

Back 30

"guilty mind," or criminal intent in committing the act.

Front 31

assault

Back 31

the threat or attempt to strike another, whether successful or not, provided the target is aware of the danger

Front 32

battery

Back 32

the actual intentional striking of someone, with intent to harm, or in a "rude and insolent manner" even if the injury is slight.

Front 33

assault and battery

Back 33

the combination of the two crimes of threat (assault) and actual beating (battery). They are both also intentional civil wrongs for which the party attacked may file a suit for damages.

Front 34

larsony

Back 34

The unauthorized taking and removal of the Personal Property of another by an individual who intends to permanently deprive the owner of it; a crime against the right of possession.

Front 35

robbery

Back 35

the direct taking of property (including money) from a person (victim) through force, threat or intimidation.

Front 36

infra

Back 36

see below

Front 37

supra

Back 37

see above

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pro forma

Back 38

formality

Front 39

scienfer

Back 39

knowledge that will result in one's guilt

Front 40

information

Back 40

accusation of the commision of a crime