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67 Cards in this Set

  • Front
  • Back
Charge to Jury
The judge's review of the applicable law the jury must follow when they retire to deliberate upon their verdict.
Sequestered
Jury members are kept together during an important case.
Expunge
To blot out or erase
Hung jury
A petit jury that cannot agree upon a verdict.
Onus
Latin : burden
Verdict
The decision or judgement of the jury.
Opening statements
An opportunity for counsel to outline what they intend to prove during the course of the trial.
Dictum
An opinion expressed by the judge that is not necessary in deciding the trial.
Hostile witness
A witness who is openly prejudiced against and unfriendly toward the party who called him or her to testify in a case.
Overrule
The judge's decision to not honor an objection raised by counsel due to the objection not being valid or merited .
Direct examination
The first questioning of a witness by the attorney who called him or her on behalf of the client.
Burden of proof
the obligation to shift the accepted conclusion away from an oppositional opinion to one's own position.
Onus probandi
Latin for burden of proof
Directed verdict
When all the evidence has been presented in a lawsuit either party may request a directed verdict be given to the jury by the court in their favor because the evidence does not support the other side of the case
Polling the jury
Requires an assertion of each individual juror that he or she votes for the verdict as read.
Cross-examination
The questioning of a witness by opposing counsel after the direct examination .
Colloquy
Discussion between the judge and counsel, the judge and a witness, or counsel and opposing counsel during a trial or deposition.
Obiter dictum
A remark or an opinion expressed by the court in passing that is not related to the question before the court.
Expert witness
A person meeting the criteria as an expert in the field or matter they are testifying about. Their opinions are admissible when related to their field of expertise .
Exception
A formal expression of disapproval of an action of the court by an attorney.
Sustain
To carry on; to maintain. To affirm, uphold or approve, as when an appellate court sustains the decision of a lower court. To grant, as when a judge sustains an objection to testimony or evidence, he or she agrees with the objection and gives it effect.
Impeach
To call into question the reliability of a of a witness or a piece of evidence.
Citations
A reference to a legal authority, such as a statute, court decision, or treatise, that supports or contradicts a legal argument or position.
Exhibit
A document or thing introduced as evidence in court, or attached to a contract or to a motion.
Final arguments
Closing argument is the final argument made by the counsel to the trier of facts after all parties have concluded their presentation of evidence. A closing argument is more forceful and is made by recapitulating the facts, evidence, and testimony presented during the trial. A closing argument presents a last chance to lawyers to be persuasive before the judge or jury begins deliberations.
Dynamite charge
an admonition by a judge to a jury when it gets deadlocked in reaching a verdict. A judge forces the jury to consider again the matter again and try to reach a verdict. A jury would be instructed to consider each others’ opinions carefully. The difficulties that arise if the case has to be tried again would also be narrated to the jury.
Verdict
The decision of judgement of the jury.
Non obstante veredicto
Latin Not withstanding the verdict.
In literal terms, the judge enters a verdict notwithstanding the jury findings. Reversal of a jury's verdict by a judge occurs when the judge believes that there were insufficient facts on which to base the jury's verdict, or that the verdict did not correctly apply the law.
Guilty
Refers to a Jury verdict Convicting the Defendent of the crime charged
Hypothetical question
Assumes a set of facts to have been proven paralleling the issues of the case at hand and asks ani expert witness to state an opinion regarding those facts
Objection
A declaration by counsel that questions or evidence are not appropriate for the court to accept.
Jury instructions
The same as jury charge or charge to the jury.
Restraining order
An order of the court preventing a named person from doing a certain thing.
Appellate court
The court that has jurisdiction over appeal and review
Reverse
A higher court may reverse a judgement, sentence, or decree of a lower court.
Decree nisi
A provisional decree that will take on motion if no cause is shown against it
Adjudge
To decide, settle, or decree; also to sentence or to condemn.
Scire facias
To cause to know
Trial de novo
Describes a trail that starts anew as though no there had been no prior court proceedings.
Error
A mistake of law or fact
Coram
Latin:
In the presence of
Coram non judice
Describes a matter that is before a person who is not the proper judge.
Interlocutory decree
An interim judgement by the court
Decree
A judicial decision, or the determination of a litigated case
No exeat
A writ in equity that restrains a person from leaving the country or the jurisdiction of the court until having satisfied the plaintiff's claim.
Mandamus
We command
Injunction
A legal order forbidding a person or group from carrying out a given action or ordering a given action to be performed
Writ of certiorari
Direction from a higher court to a lower court, directing the latter to send the record of a particular case to the higher court for review or inquiry.
Nisi
Useless
Nisi Prius
A court that determines issues of fact before a jury and a presiding judge.
Nihil dicit
He or she says nothing
Non est inventus
When the sheriff has been required to arrest a defendant and cannot find that person within the jurisdiction the sheriff returns is Non est inventus
Nil debt
He or she owes nothing
Appeal
An application to a higher court to review and correct, reverse, remand, or modify a judgment of a lower court
Appellee respondent
The party in a cause against whom an appeal is taken is the appellee respondent
Brief
A written argument by an attorney
Coram vobis
Before you
Coram nobis
Before us
In forma pauperis
In forma pauperis is a Latin term meaning "in the form of a pauper," referring to a party to a lawsuit who gets filing fees waived by filing a statement, often in the form of an affidavit, declaring the inability to pay.
Judgment
The court's official decision concerning a legal proposition
Final judgment
An appeal can only be taken only from a final judgment.
Nihil habet
He or she has nothing
Non est inventus
He or she has not been found
Adjudication
The entry by the court of a decree in respect to the parties in a law suit
Nihil est
There is nothing
Is the form of return made by a sheriff unable to serve a writ.
Coram paribus
Before the peers
When an indictment has been handed down by a grand jury, it is necessary for the defendant to appear Coram paribus
Supersedeas
An order by an appeals court commanding a lower court not to enforce or proceed with a judgment or sentence pending the decision on the appeal or until further order of the appeals court.