Quiz 1

Front 1

Appellant

Back 1

The party appealing a lower court judgement

Front 2

Appellee

Back 2

The party against whom an appeal is filed

Front 3

Bench Trial

Back 3

A trial in which a judge sits without trial

Front 4

Beyond A Reasonable Doubt

Back 4

The standard for conviction in a criminal case

Front 5

Stare Decisis

Back 5

The practice of following the precedent established by previous court decisions

Front 6

Brief

Back 6

A written legal argument that is submitted to a court

Front 7

Burden of Persuasion/Proof

Back 7

The prosecustion must prove every element of a criminal charge beyond a reasonable doubt

Front 8

Burden of Production

Back 8

Responsibility to produce sufficient evidence for the fact finder to consider the merits of a claim

Front 9

Certiorari

Back 9

A decision to hear an appeal

Front 10

Collateral Attack

Back 10

A constitutional challenge by an individual who has been convicted and incarcerated and has exhausted his or her state appeals

Front 11

Concurring Opinion

Back 11

An opinion by a judge supporting a majority or dissenting opinion, typically based on other grounds

Front 12

Courts of General Jurisdiction

Back 12

Courts that hear more serious criminal and civil cases

Front 13

Courts of Limited Jurisdiction

Back 13

Courts with jurisdiction over a narrow range of cases

Front 14

Courts of Orginal Jurisdiction

Back 14

Courts with jurisdiction over a broad range of cases

Front 15

Dissenting Opinion

Back 15

An opinion by a judge disagreeing with the majority of judges

Front 16

Due Process Clause

Back 16

The 5th and 14th amendments to the U.S. constitution guarantee individuals due process of law.

Front 17

En Banc

Back 17

The entire court

Front 18

Federal Rules of Evidence

Back 18

Rules on the admission of evidence in civil and criminal cases in the U.S. federal court system

Front 19

Fourteenth Amendment

Back 19

An amendment to the U.S. constitution passed in 1868 in order to provide equal rights and opportunity to newly freed African American slaves

Front 20

Fundamental Fairness

Back 20

14th amendment due process clause prohibits states from criminal procedures that are fundamentally unfair.

Front 21

Guilt Beyond A Reasonable Doubt

Back 21

There is no reasonable doubt in the mind of a reasonable person that the defendant is guilty

Front 22

Information

Back 22

A document signed by a prosecutor charging an individual with a crime

Front 23

Respondent

Back 23

An individual against whom a collateral attack is directed

Front 24

Judicial Review

Back 24

The SCOTUS reviews the decisions of the legislative and executive branches of government to determine whether they are consistent with the U.S. constitution.

Front 25

Majority Opinion

Back 25

The decision of a majority of the judges on a court

Front 26

Petitioner

Back 26

An individual filing a collateral attack on a verdict following the exhaustion of direct appeals

Front 27

Original Jurisdiction

Back 27

The first court to hear a case

Front 28

Per Curiam

Back 28

An opinion of an entire court without any single judge being identified as the author

Front 29

Plurality Opinion

Back 29

A judicial opinion that represents the views of the largest number of judges on a court, although short of the majority

Front 30

Supremacy Clause

Back 30

Federal government is the law of the land

Front 31

Trial De Novo

Back 31

A new trial before a different court

Front 32

Uniform Rules of Evidence

Back 32

The National Conference of Commissioners on Uniform State Laws in an effort to standardize state laws of evidence

Front 33

Argumentative Question

Back 33

A question that challenges a witness in a rude or hostile manner

Front 34

Arraignment

Back 34

The defendant is informed of the charges against him or her and is required to enter a plea

Front 35

Booking

Back 35

An administrative procedure in which the suspects name, arrest time, offense charged, fingerprinting, and photographs are recorded

Front 36

Brady Rule

Back 36

The prosecution is required to turn over exculpatory information to the accused

Front 37

Case-In-Chief

Back 37

The presentation of the prosecutions evidence at trial

Front 38

Challenge for Cause

Back 38

A juror may be excluded from the jury based on an actual or presumed inability to impartially evaluate the evidence

Front 39

Closing Argument

Back 39

A summary of the evidence by the prosecution and defense

Front 40

Collateral Remedies

Back 40

Remedies that are available following the exhaustion of direct appeals

Front 41

Complaint

Back 41

A legal document that lists the charges, the legal elements of the crime, and the supporting facts against the individual, and possible penalties.

Front 42

Cross-Examination

Back 42

Questions regarding the direct testimony of a witness

Front 43

Direct Examination

Back 43

The questioning of a witness by the party who called the witness to testify

Front 44

Directed Verdict

Back 44

A motion made by a defense attorney at the conclusion of the prosecution's case-in-chief to dismiss the case based on the prosecutions failure to prove one or more of the elements of the criminal charge

Front 45

Discovery

Back 45

The right for each side to have warning of the evidence that the other side will present at trial

Front 46

Double Jeopardy

Back 46

Prosecuting a defendant in the same jurisdiction on 2 occasions for the same crime

Front 47

Final Judgement Rule

Back 47

The rule that an appeal may be taken only following a verdict

Front 48

First Appearance

Back 48

A suspects initial appearance before a judge for the determination of probable cause, to be informed of his or her rights, for decisions to be made on pretrial release and bail, and the appointment of an attorney for the indigent

Front 49

Grand Jury

Back 49

A just that determines whether the prosecutor has sufficient evidence to proceed to trial

Front 50

Habeas Corpus

Back 50

An order issued by a judge to a government official to bring an imprisoned individual to court and explain why the individual is in detention

Front 51

Harmless Error

Back 51

A error made in admission of evidence that does not contribute to the conviction obtained.

Front 52

Hung Jury

Back 52

A jury unable to reach a verdict

Front 53

Indictment

Back 53

An accusation of criminal activity returned by a grand jury

Front 54

Jury Nullification

Back 54

A jury disregards the law and acquire a defendant

Front 55

Jury Poll

Back 55

A questioning of individual jurors regarding whether the support the jury verdict

Front 56

Leading Question

Back 56

A question by a lawyer to a witness that suggests the desired answer

Front 57

Narrative Question

Back 57

An open-ended question to a witness that allows the witness to testify without interruption about the events that are the subject of the prosecution

Front 58

No Bill

Back 58

The grand jury refuses to indict an individual

Front 59

Nolo Contendere

Back 59

The defendant pleads no contest. Legal effect of a guilty plea but not an admission of guilt

Front 60

Opening Statement

Back 60

The prosecutor and defense attorney each indicate at the beginning of a trial the evidence that they plan to introduce

Front 61

Pardon

Back 61

A release from additional criminal punishment

Front 62

Peremptory Challenge

Back 62

Removal of jurors without an obligation to state a reason

Front 63

Plain Error Exception

Back 63

An exception that permits an appellate court to review an error that was not raised in the trial court

Front 64

Plea Bargain

Back 64

An agreement to plead guilty in return for a reduction in charges or other considerations

Front 65

Preliminary Hearing

Back 65

Determination whether a defendant should be bound over for trial

Front 66

Presentence Report

Back 66

A report prepared for the judge following a defendant's conviction presenting the factors that may be considered in sentencing the defendant and the sentencing options available to a judge

Front 67

Presentment

Back 67

A report filed by a grand jury with the court on criminal activity

Front 68

Pretrial Motions

Back 68

Motions filled before the beginning of a criminal trial

Front 69

Rebuttal

Back 69

The defense case at trial

Front 70

Redirect Examination

Back 70

The lawyer who examined a witness on direct examination may ask the witness additional questions following the witnesses cross-examination

Front 71

Rehabilitation

Back 71

Repairing the witness's credibility

Front 72

Retroactivity of Judicial Decisions

Back 72

The principal that U.S. supreme court judgement should be retroactively applied to all cases that are yet to be filed and cases that already have been filed

Front 73

Right of Allocution

Back 73

The right of a defendant to make a statement to the judge prior to sentencing

Front 74

Sentencing Guidelines

Back 74

A formula incorporating various factors that is employed to provide uniform, proportionate, and predictable sentences for criminal offenders

Front 75

Sentencing Hearing

Back 75

A hearing conducted following a defendant's conviction in which the prosecution and defense present their arguments to a judge on the appropriate sentence for the defendant

Front 76

Speedy Trial

Back 76

6th amendment right to a trial without unreasonable delay

Front 77

Subpoena Ad Testificandum

Back 77

A court order to produce a tangible object

Front 78

Subpoena Duces Tecum

Back 78

A court order to produce documents

Front 79

Surrebuttal

Back 79

Witnesses presented by the defense attorney to attack the evidence presented by the prosecutor on rebuttal

Front 80

True Bill

Back 80

A written statement by a grand jury that there is sufficient evidence to indict the defendant

Front 81

Venire

Back 81

A group of individuals from which a jury is selected

Front 82

Voir Dire

Back 82

Examination of potential jurors

Front 83

Circumstantial Evidence

Back 83

Indirectly proves a fact and requires the fact finder to use an inference or presumption

Front 84

Competent Evidence

Back 84

Relevant and material evidence admissible in court

Front 85

Conclusive Presumption

Back 85

The jury is required to reach a conclusion from fact established at trial

Front 86

Corroborative Evidence

Back 86

Evidence that adds new information that confirms prior testimony

Front 87

Cumulative Evidence

Back 87

Evidence that repeats evidence already admitted at trial

Front 88

Demonstrative Evidence

Back 88

Graphs, maps, charts, or models designed to assist the jury to visualize the facts of the case, such as a crime scene

Front 89

Direct Evidence

Back 89

Evidence based on personal knowledge or observation of a witness and conclusively establishes fact or facts

Front 90

Documentary Evidence

Back 90

Documents and writings as well as photographs, medical images, and videos

Front 91

Inference

Back 91

Logical deduction of one fact from another fact

Front 92

Irrebuttable Presumption

Back 92

The jury is required to reach a conclusion from a fact established at trial

Front 93

Judicial Notice

Back 93

A judge accepts fact as true without following the normal rules of evidence

Front 94

Material Fact

Back 94

Relevant to a fact at issue in the case

Front 95

Permissive Presumption

Back 95

The jury may reach a conclusion from a fact established at trial

Front 96

Prejudicial Evidence

Back 96

Evidence whose probative value substantially outweighed by danger will impact objective evaluation of evidence by the jury

Front 97

Probative Value

Back 97

An item of evidence that tends to prove or disprove a fact at issue in the case

Front 98

Real Evidence

Back 98

Physical evidence other than testimonial evidence introduced to prove a fact at issue

Front 99

Rebuttal Presumption

Back 99

The jury may reach a conclusion from a fact established at trial

Front 100

Stipulations

Back 100

Agreement between the parties that a fact or facts exist

Front 101

Testimonial Evidence

Back 101

Statements from a witness under oath or affirmation in a court proceeding