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67 Cards in this Set
- Front
- Back
Charge to Jury
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The judge's review of the applicable law the jury must follow when they retire to deliberate upon their verdict.
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Sequestered
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Jury members are kept together during an important case.
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Expunge
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To blot out or erase
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Hung jury
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A petit jury that cannot agree upon a verdict.
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Onus
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Latin : burden
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Verdict
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The decision or judgement of the jury.
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Opening statements
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An opportunity for counsel to outline what they intend to prove during the course of the trial.
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Dictum
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An opinion expressed by the judge that is not necessary in deciding the trial.
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Hostile witness
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A witness who is openly prejudiced against and unfriendly toward the party who called him or her to testify in a case.
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Overrule
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The judge's decision to not honor an objection raised by counsel due to the objection not being valid or merited .
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Direct examination
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The first questioning of a witness by the attorney who called him or her on behalf of the client.
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Burden of proof
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the obligation to shift the accepted conclusion away from an oppositional opinion to one's own position.
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Onus probandi
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Latin for burden of proof
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Directed verdict
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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
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Polling the jury
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Requires an assertion of each individual juror that he or she votes for the verdict as read.
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Cross-examination
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The questioning of a witness by opposing counsel after the direct examination .
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Colloquy
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Discussion between the judge and counsel, the judge and a witness, or counsel and opposing counsel during a trial or deposition.
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Obiter dictum
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A remark or an opinion expressed by the court in passing that is not related to the question before the court.
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Expert witness
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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 .
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Exception
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A formal expression of disapproval of an action of the court by an attorney.
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Sustain
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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.
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Impeach
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To call into question the reliability of a of a witness or a piece of evidence.
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Citations
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A reference to a legal authority, such as a statute, court decision, or treatise, that supports or contradicts a legal argument or position.
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Exhibit
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A document or thing introduced as evidence in court, or attached to a contract or to a motion.
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Final arguments
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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.
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Dynamite charge
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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.
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Verdict
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The decision of judgement of the jury.
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Non obstante veredicto
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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. |
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Guilty
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Refers to a Jury verdict Convicting the Defendent of the crime charged
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Hypothetical question
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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
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Objection
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A declaration by counsel that questions or evidence are not appropriate for the court to accept.
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Jury instructions
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The same as jury charge or charge to the jury.
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Restraining order
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An order of the court preventing a named person from doing a certain thing.
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Appellate court
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The court that has jurisdiction over appeal and review
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Reverse
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A higher court may reverse a judgement, sentence, or decree of a lower court.
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Decree nisi
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A provisional decree that will take on motion if no cause is shown against it
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Adjudge
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To decide, settle, or decree; also to sentence or to condemn.
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Scire facias
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To cause to know
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Trial de novo
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Describes a trail that starts anew as though no there had been no prior court proceedings.
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Error
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A mistake of law or fact
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Coram
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Latin:
In the presence of |
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Coram non judice
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Describes a matter that is before a person who is not the proper judge.
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Interlocutory decree
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An interim judgement by the court
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Decree
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A judicial decision, or the determination of a litigated case
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No exeat
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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.
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Mandamus
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We command
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Injunction
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A legal order forbidding a person or group from carrying out a given action or ordering a given action to be performed
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Writ of certiorari
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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.
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Nisi
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Useless
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Nisi Prius
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A court that determines issues of fact before a jury and a presiding judge.
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Nihil dicit
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He or she says nothing
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Non est inventus
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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
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Nil debt
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He or she owes nothing
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Appeal
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An application to a higher court to review and correct, reverse, remand, or modify a judgment of a lower court
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Appellee respondent
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The party in a cause against whom an appeal is taken is the appellee respondent
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Brief
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A written argument by an attorney
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Coram vobis
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Before you
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Coram nobis
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Before us
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In forma pauperis
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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.
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Judgment
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The court's official decision concerning a legal proposition
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Final judgment
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An appeal can only be taken only from a final judgment.
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Nihil habet
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He or she has nothing
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Non est inventus
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He or she has not been found
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Adjudication
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The entry by the court of a decree in respect to the parties in a law suit
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Nihil est
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There is nothing
Is the form of return made by a sheriff unable to serve a writ. |
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Coram paribus
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Before the peers
When an indictment has been handed down by a grand jury, it is necessary for the defendant to appear Coram paribus |
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Supersedeas
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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.
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