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74 Cards in this Set
- Front
- Back
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Discharge from an accusation |
acquit |
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a party bringing an appeal |
appellate |
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a method of settling disputes in which a neutral third party makes a decision with regard to the dispute |
arbitration |
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act of calling a prisoner before the court to answer and indictment or information |
arrainment |
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an attempt to commit a battery |
assault |
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intentional contact with another person without that person's permission and without justification; the unlawful application of force to another person |
battery |
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a written instrument promising the payment of a sum of money if certain duties are not performed |
bond |
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anything that is subject of ownership other than real property * |
chattel |
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Evidence that relates to some fact other than the fact in issue |
circumstantial evidence |
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a lawsuit brought, with the courts permission, by one or more persons on behalf of a very large group of people who have the same interest in the matter |
class action |
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final statement by an attorney summarizing the evidence that has been introduced |
closing arguments |
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damages the compensate the plaintiff for actual losses resulting from the breach * |
compensatory damages |
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a formal document containing a short and plain statement of the claim, indicating that the plaintiff is entitled to relief and and containing demand for the relief sought |
complaint |
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the getting together of two or more people to accomplish some criminal or unlawful act |
conspiracy |
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defendant |
a person against whom a legal action if brought |
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deponent |
one who gives testimony under oath |
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discovery |
methods that allow each party to obtain information from the other party and from witnesses about a case before going to court |
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District Court |
courts that hear cases when they originally go to court (before there is an appeal) |
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Electronically Stored Information (EST) |
information created manipulated, communicated, and stored by computer |
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Ex Parte |
on one side only |
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Exemplary Damages |
damages as measure of punishment for the defendant's wrongful acts |
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Felony |
a major crime, punishable by imprisonment in a state prison |
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First Degree Murder |
murder committed with deliberately premeditated malice aforethought, or with extreme atrocity or cruelty, or while in the commission of a crime punishable by life in prison |
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Fraud |
a misrepresentation of a material, existing fact, knowingly made, that causes someone reasonably relying on it to suffer damages. |
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Grand Jury |
A Jury consisting of not more than 23 people who listen to evidence and decide whether or not to charge someone with the commission of a crime. |
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Guilty |
the state of having committed a crime |
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Homicide |
the killing of a human being by a human being
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Hung Jury |
a deadlocked jury; one that cannot agree |
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Indictment |
a formal, written charge of a crime made by a grand jury |
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Information |
a formal written charge of a crime made by a public official rather than by a grand jury |
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Intent |
Mental desire and will to act in a particular way, including wishing not to participate |
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Involuntary Manslaughter |
the unintentional killing of another while in the commission of an unlawful act or while in the commission of a reckless act |
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Joint venture |
a relationship in which two or more people combine their labor or property for a single business undertaking |
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Judgement |
the decision of a court of law |
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Jurisdiction |
the power or authority that a court has to hear a case |
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Jury |
a group of people selected according to law and sworn to determine the facts in a case |
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Lessee |
a person who has temporary possession of and an interest in real property of another under a lease |
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Lessor |
a person who owns real property and who rents it to another under a lease |
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Living Will |
a written expression of a person's wishes to be allowed to die a natural death and not be kept alive by heroic or artificial methods. |
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Mediation |
an informal process in which a neutral, third person listens to both sides and makes suggestions for reaching a solution. |
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Miranda Rights |
the constitutional right given to people who are under arrest to be told before being questioned that they have the right to remain silent, that any statements made by them may be used against them, that they have right to a lawyer present, and that a lawyer will be provided without cost if they cannot afford one |
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Misdemeanor |
a minor crime |
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Mortgagee |
one who lends money and takes back a mortgage as security for the loan |
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Mortgagor |
one who borrows money and gives a mortgage-that is, pledges property to the lender as security for the loan |
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Motion to dismiss |
a motion made by the defendant asking the court to dismiss the case |
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Motion in limine |
a pretrial motion asking the court to prohibit the introdction of prejudicial evidence by the other party |
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Negligence |
the failure to use that amount of care skill that a reasonably prudent person would have used under the same circumstances. |
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Pardon |
a setting aside of punishment altogether by a government official |
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Parole |
a conditional release from prison;allows the person to serve the remainder of a sentence outside of prison under specific terms |
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Peremptory Challenge |
the challenge of a juror, for which no reason to be given |
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Prejury |
the giving of false testimony under oath |
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Plaintiff |
a person who brings a legal action against another |
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power of attorney |
a formal writing that authorizes an agent to act for a principal |
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preponderance of evidence |
evidence having the greater weight |
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prosecutor |
the person representing the jurisdiction in which the crime occurred, who brings charges against those the police have arrested |
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Quasi |
as if; almost as it were |
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Reasonable doubt |
doubt based on reason |
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Recuse |
disqualify |
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remand |
to send back |
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respondent |
one who is called on to answer a petition A party against whom an appeal is brought |
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Second -degree murder |
murder tat is not found to be in the first degree. A murder not premeditated and when death happens at the result of an assault |
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subpoena |
an order commanding a person to appear and testify in legal action |
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Summons |
a formal notice to the defendant that a lawsuit has begun and that the defendant must file an answer within the number of days set by state law or else lose the case by default |
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Supreme Court |
the highest judicial court in the country or state |
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third-degree murder |
a murder without premeditated planning and would cause a reasonable person to become mentally or emotionally disturbed |
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Tort |
a wrong against an individual |
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Torfeasor |
one who commits a tort |
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trial docket |
the calendar of cases that are ready for trial |
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trust |
a right of ownership to property held by one person for the benefit of another |
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trustee |
a person who holds legal title to property in trust for another
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trustor |
a person who establishes a trust
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verdict |
the decision of a jury |
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voir dire |
to speak the truth. the examination of jurors by the court to see that they stand indifferent |
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Writ of Certiorari |
an order from a higher court to lower court to deliver its records to the higher court for review |
