Reading...
Play button
Play button
Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
57 Cards in this Set
- Front
- Back
|
Pro Bono Publico
|
Services for the public good
|
|
|
Veniremen(Array)
|
group of jurors
|
|
|
Voir Dere
|
process of question people of their qualifications in open court
|
|
|
Peremptory challenges
|
Request to the court to exclude a prospectiv juror with no reason given
|
|
|
Batson Rule
|
Bars the discriminatory use of peremptory charges.
|
|
|
Contract Law
|
Voluntary agreements betweeen two or more people.
|
|
|
Tort Law
|
Civil wrongs, personal injury or bodily injury claims.
|
|
|
Property Law
|
Cases about real property or personal property
|
|
|
Personal Property
|
car, jewelry, money, furniture.
|
|
|
Real property
|
House, land and buildings also crops.
|
|
|
Law of Succession
|
determines how property is passed from one generation to another.
|
|
|
family law
|
marriage, divorce, child custody, children rights
|
|
|
alternative dispute resolution
|
another means of settling outside of court. mediation, arbitration, neurtral fact-finding, mini trial, summary jury trial,and private judging
|
|
|
Mediation
|
private confidential process in which an impartial person helps the disputing parties
|
|
|
arbitration
|
an impartial person who decides how the controversy should be resolved
|
|
|
neutral fact-finding
|
informal process whereby an agredd-upon party is asked to investigate a dispute
|
|
|
mini trial
|
presentation before a panel composed of representatives from both parties and neutral third parties
|
|
|
summary jury trial
|
court managed process that takes place after a case has been filed but before it reaches trial
|
|
|
private judging
|
using retired judges who offer their services in a variety of ADR processes
|
|
|
plaintiff
|
person initiating the civil suit
|
|
|
defendant/respondent
|
person being sued
|
|
|
Process of Civial action case
|
1.Plaintiff files complaint
2.Answer filed 3.Discovery proceedings 4.Motions filed relating to discovery matters 5.Pretrial proceedings 6.Trial by judge or jury 7.Termination by judge or jury verdict |
|
|
Venue
|
place where judicial power should be exercised
|
|
|
Motion to Quash
|
void the summons on the grounds it was not served properly
|
|
|
Motion to strike
|
asks court to excise, or strike certain parts of the petition because they are prejudicial, improper, or irrelevant
|
|
|
motion to dismiss
|
filed in civil case saying that plaintiff has not presented a legally sound basis for action.
|
|
|
Answer
|
complaint survives the judge's ruling on the motion defendant submits this....
|
|
|
deposition
|
testomony of a witness taken under oath outside the court
|
|
|
iterrogatories
|
written questions that must be answered under oath
|
|
|
discovery
|
methods by whih a party orpotential party to a lawsuit obtains and preserves information regarding the action
|
|
|
Steps for the Civil trial
|
1.Selection of Jury
2.Opening statements 3.Presentation of Plaintiffs case 4.Motion for Directed Verdict 5.Presentation of defense case 6.Rebuttals 7.Closing Arguments 8.Verdict |
|
|
Appeal
|
going to a higher court for another decision
|
|
|
Cross examination
|
prosecutor may redirect examination to clarify a point
|
|
|
sequestration
|
members of jury spend the nightin a local hotel away from the public eye
|
|
|
retribution
|
moral right of society to punish those who have inflcited harm ona member of that society
|
|
|
incapacitation
|
offenders are removed from society by imprisonment or execution
|
|
|
deterrence
|
severely punishing people to prevent others from breaking the law
|
|
|
rehabilitation
|
treat individuals so that crime wont recur
|
|
|
Ex post facto
|
law that declare certain conduct to be illegal after the conduct has taken place
|
|
|
bills of attainder
|
single out a person or group of persons and declare that something is criminal for them but legal for everyone else
|
|
|
actus reus
|
criminal action committed by the accused that gives rise to the legal prosecution
|
|
|
mens rea
|
essential mental element of the crime
|
|
|
types of arrest
|
warrant and officers discretion
|
|
|
When are the times when police discretion is at maximum?
|
1. minor or trivial offenses
2. situations in which the victims will not seek prosecution 3. cases in which the victim is also involved in the misconduct 4. criminal conduct thought to reflect the mores of a community subgroup |
|
|
What happens when you appear before the magistrate
|
1. Accused is informed of the precise charges and must be informed of all constitutional rights and guarantees
2. bail and amount is determined |
|
|
What is the purpose of the grand jury?
|
1. used as check on prosecutor who may use the office to harass an innocent person for political or personal reasons
2. make sure the D.A. has done homework and secured evidence to warrant the trouble and expense |
|
|
bill of information
|
outline of charges that will be adjudicated in teh new legal setting
|
|
|
nolo contendere
|
no contest
|
|
|
nolle prosequi
|
refuse to prosecute
|
|
|
different types of plea bargains
|
1. reduction of charges
2. deletion of tangent charges 3. sentence bargaining |
|
|
overcharging
|
prosecutor brings charges against the accused that are more sevvere than the evidence warrants
|
|
|
adversarial process
|
assumption that there are two sides of every case
|
|
|
inquisitorial method
|
judge is primary actor of courtroom and attorneys passively defend their clients interest
|
|
|
Fee shifting
|
makes loser pay expenses of other lawyer
|
|
|
differetnt kinds of laywers
|
Assistants from legal foundations, contingency fee lawyers
|
|
|
contingency fee lawyer
|
if you win you owe him 10%, if you lose you owe him nothing
|
|
|
counter suit
|
defendant was plaintiff in other case
|
