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80 Cards in this Set
- Front
- Back
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Adjournment
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Adjournment is the dismissal by some court, legislative assembly, or properly authorized officer, of the business before them. Adjournment may be made in a final or temporary manner. A final adjournment is called an adjournment “sine die”, meaning "without day". A temporary adjournment is one where the body is intended to meet again at another time appointed.
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Consul
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A diplomat appointed by a government to protect its commercial interests and help its citizens in a foreign country.
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Conviction
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The outcome of a trial in which a criminal defendant is found guilty. A defendant in a criminal trial may be convicted by a judge or jury if the prosecutor proves their case beyond a reasonable doubt. In a jury trial, the number of jurors required to convict varies by state.
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Court Martial
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A military court for trying offenses under army, navy or other armed service rules and regulations. Such offenses must not only be committed by a member of the military, but must also be done in the course of military service, either while engaged in a service-connected duty or while in uniform.
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Cross Examination
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The opportunity for the attorney for one party to ask questions in court of a witness who has testified in a trial on behalf of the opposing party. The questions on cross-examination are limited to the subjects covered in the direct examination of the witness.
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Death Penalty
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A the sentence of execution for murder and some other capital crimes (serious crimes, especially murder, which are punishable by death). The death penalty, or capital punishment, may be prescribed by Congress or any state legislature for murder and other capital crimes.
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Defendant
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The person accused of the crime. In civil matters, the defendant is the person or entity that is being sued.
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Defense
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In most litigation under the common law adversarial system the defendant, perhaps with the assistance of counsel, may allege or present defenses (or defenses) in order to avoid liability, civil or criminal.
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Due Process
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In criminal law, the constitutional guarantee that a defendant will receive a fair and impartial trial. In civil law, the legal rights of someone who confronts an adverse action threatening liberty or property.
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Fair Trial
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Is an essential right respecting the rule of law. It should include, at a minimum, a competent, neutral, independent judge, an impartial jury, un-intimidated witnesses, the right to counsel and the right to cross examine your accusers.
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Inadmissible
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That which, under the rules of evidence, cannot be admitted or received by a court as evidence.
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Incriminate
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For a person to give evidence or statements that admits to committing a crime or to another committing a crime. A person has a right not to incriminate themselves under the Fifth Amendment to the Constitution. A person may refuse to give any information which would be an admission of guilt of a crime or lead to information that would show guilt.
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Intelligence (Military)
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Information about the armed forces of another country that is useful in planning and conducting military policy or military operations
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Irrelevant
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Evidence not sufficiently related to the matter in issue.
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Military Law
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The Constitution provides that Congress has responsibilities to make rules to regulate the military; it also establishes the President as Commander in Chief of the armed forces. Congress has exclusive control of the law governing the nation's military. All persons serving in the Armed Forces of the United States are subject to military law at all times. Military law consists of the Uniform Code of Military Justice (UCMJ) and other statutory provisions for the government of persons in the Armed Forces to which may be added the unwritten common law of the usage and custom of military service as well as regulations and authorized by the President as Commander in Chief of the Armed Forces.
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Objection
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Objection in a broad sense refers to an opposition to something. An objection is also a legal procedure protesting an inappropriate question asked of a witness by the opposing attorney, intended to make the trial judge decide if the question can be asked. An objection must have a proper basis, based on one of the specific reasons for not allowing a question. A basis for an objection may include: irrelevant, immaterial, incompetent, hearsay, leading, calls for a conclusion, compound question, or lack of foundation. Failing to make a proper objection may be the basis for losing a right to appeal later.
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Orders (Military)
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Instructions issued at all levels within the military to provide information, direct action and execute discipline.
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Pardon
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Defined in criminal law as an official act of forgiving a crime and the penalty associated with it.
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Plea
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Statement made by the defendant either as to his guilt or innocence to the charge made against him.
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Prisoners
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A person incarcerated in a prison, while on trial or serving a sentence. Any person held against his or her will.
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Proclamation
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A formal declaration or public announcement giving notice of a governmental act that has been done or is to be done.
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Preliminary Inquiry
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An inquiry that is made by a judge with a view to satisfying himself/herself as to whether or not there is sufficient evidence for an accused to be committed to stand trial in a higher court.
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Prosecution
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The representative of the State or Military who pursues the criminal charges in court.
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Prosecutor
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A government official who conducts criminal prosecutions on behalf of the state.
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Solicitor
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A British lawyer who gives legal advice and prepares legal documents.
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Stay of Execution
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A time period in which a judgment of execution is prohibited from being carried out. It may arise through an agreement between parties or by law.
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Unconstitutional
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Refers to a government action which is in violation of the authority and rights defined and granted in the government's constitution. Most constitutions set forth the powers of governments, so that the constitution normally applies only to government actions.
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Witness
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A person who testifies under oath in a trial or a deposition in the lawsuit.
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Abolitionist
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Someone who thought that slavery was wrong and should be ended. They normally felt so strongly about this that they took some kind of action.
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Ambassador
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An ambassador is a diplomatic official sent abroad by some sovereign state or ruler, with a legal commission and authority to transact business on behalf of his country with the government to which he is sent.
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Bill of Sale
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Formal legal document that conveys title to or interest in specific property from the seller to the buyer.
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Chattels
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Chattels are moveable items of property (clothes, furniture, and in the case of Amistad, slaves) which are neither land nor permanently attached to land or a building, either directly or vicariously through attachment to real property. The opposite of chattel is real property (real estate) which includes lands or buildings.
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Circumstantial Evidence
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Information and testimony presented by a party in a civil or criminal action that permit conclusions that indirectly establish the existence or nonexistence of a fact or event that the party seeks to prove.
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Claim (and Delivery)
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An assertion (a declaration that is made emphatically, as if no supporting evidence were necessary) of a right to money or property made by the injured party that is suing.
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Certiorari (Writ of)
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Is an order a higher court issues in order to review the decision and proceedings in a lower court and determine whether there were any irregularities. Sometimes called “Granting Cert”.
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Emancipation
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Freeing someone from the control of another.
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District Attorney (or DA)
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An elected or appointed public official of a county or designated district whose duties are governed by state law.
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Habeas Corpus
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Habeas corpus is a Latin term meaning "you have the body". It is a writ (court order) which directs the law enforcement officials who have custody of a prisoner to appear in court with the prisoner in order to determine the legality of the prisoner's confinement. Habeas corpus is a basic individual right against arbitrary arrest and imprisonment.
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Indentured Servant
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One who was voluntarily or involuntarily committed to working for someone for a fixed number of years in exchange for passage to America or some other financial advantage. An indentured servant had few, if any, rights, but people without skills or money accepted this position in order to emigrate. After the period of work was over and or obligations were paid by the servant, the servant usually became a freeman.
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Judgment
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Decision of a court. Amistad judgment (WARNING SPOILER!):
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Jurisdiction
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The legal authority of a court to hear and decide a case, and the “geographic area” and/or “subject matter” over which the court has authority to decide cases.
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Moot
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Refers to an issue that remains unsettled, open to argument or debatable. It is especially refers to a legal question which has not been determined by any decision of any court.
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Murder
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Unlawful premeditated killing of a human being by a human being.
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Petition
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Written application to a court requesting a remedy available under law.
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Piracy
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The seizure of ship or plane by an armed force without the authority of a sovereign state.
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Property
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Property is any physical or virtual entity that is owned by an individual or jointly by a group of individuals. An owner of property has the right to consume, sell, rent, mortgage, transfer and exchange his or her property.
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Salvage
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A payment to a person or group which saves cargo from a shipwreck. Claims for salvage may be based on services rendered either voluntarily or pursuant to a contract. The act of rescuing a ship or its crew or its cargo.
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Slavery
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Slavery is a condition of control over a person against their will, enforced by violence or other forms of coercion. Slavery almost always occurs for the purpose of securing the labor of the person concerned. A specific form, known as chattel slavery, implies the legal ownership of a person or persons.
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Treaty
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A treaty is a binding agreement under international law, entered by parties who are subject to international law, mainly states and international organizations. It is a pact formed between two nations or communities, each with the right of self-government. It is not essential that each party posses the same rights to give force to the treaty, simply that each party have the recognized right of self-government, and the power to perform the terms of the treaty. Article II, Section 2 of the United States Constitution grants power to the President to make treaties with the "advice and consent" of two thirds of the Senate.
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Trial
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A court proceeding during which a judge or jury decides whether a person is guilty or not guilty of the charges against him or her.
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Writ
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A formal written command or order, issued by the court, requiring the performance of a specific act.
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Bar
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Collectively all attorneys, as "the bar," which comes from the bar or railing which separates the general spectator area of the courtroom from the area reserved for judges, attorneys, parties and court officials. A party to a case or criminal defendant is "before the bar" when he/she is inside the railing.
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Bribery
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The offering, giving, receiving, or soliciting of something of value for the purpose of influencing the action of an official in the discharge of his or her public or legal duties.
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Capital Offense
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A crime so serious that capital punishment (punishable by death) is considered appropriate.
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Chancellor
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The officer of the royal household who served as the monarch's secretary or notary. The Chancellor was responsible for the Chancery, the arm of the royal government dealing with domestic and foreign affairs. Usually the person filling this office was a Bishop chosen for his knowledge of the law.
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Charges
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In a criminal case, the specific statement of what crime the party is accused (charged with) contained in the indictment or criminal complaint. In jury trials, the oral instruction given by the judge to the jurors just before the jury begins deliberations. This charge is based on jury instructions submitted by attorneys on both sides and agreed upon by the trial judge
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Commission (s) (ed)
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The term commission has various meanings. A sales commission is a sum of money paid to an employee contingent upon an event, usually selling a certain amount of goods or services. If it is used to identify a person with an official government or church position, it would mean the act of granting authority to undertake certain functions. Finally it may refer to an official group appointed and delegated to consider some matter.
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Common Law
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Law arising from tradition and judicial decisions rather than laws passed by the legislature.
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Counselor
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A person who gives counsel; an adviser. An attorney, especially a trial lawyer.
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Dispensation
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An act whereby in a particular case a lawful superior grants relaxation from an existing law.
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Divorce
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The legal act (under state law) of ending or terminating a marriage.
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Dynasty
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A ruling family who remains in power for generations by choosing successors from among blood relatives.
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Evidence
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The law of evidence that governs the use of testimony (e.g., oral or written statements, such as an affidavit) and exhibits (e.g., physical objects) or other documentary material which is admissible (i.e., allowed to be considered by the “Trier of Fact”, such as jury) in a judicial or administrative proceeding (court of law, administrative hearing, etc.) that is used to determine or demonstrate the truth of an assertion.
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Excommunicat (ion) (ed)
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(Latin ex, out of, and communio or communicatio, communion -- exclusion from the communion), the principal and severest censure, is a medicinal, spiritual penalty that deprives the guilty Christian of all participation in the common blessings of ecclesiastical society. Meanwhile, his status before the Church is that of a stranger. He may not participate in public worship nor receive the Body of Christ or any of the sacraments.
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Heirs
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In a strict sense, heirs are those people who would inherit the estate of a deceased person by statutory law if the deceased died without a will. A lineal heir is someone who inherits in a line that ascends or descends from a common ancestor. In common usage, heirs refers to anyone who inherits property of a decedent, whether by will, deed, statute, or otherwise.
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Heretic
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Someone who holds or adheres to an opinion or belief that contradicts established religious teaching, especially one that is officially condemned by religious authorities.
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Indictment
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A formal written accusation charging one or more people with a felony. In the American legal system, it is submitted to a grand jury by the prosecuting attorney.
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Lawsuit
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A legal proceeding filed with the court.
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License
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A license or permit is an official authorization to do something that the person would not be entitled to do without the license or permit. The word, from Latin, means "permission," thus implying that a license is given by a party who controls something to another
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Oaths
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An oath is a declaration made according to law, before a tribunal or officer, to tell the truth; or it is the act of one who, when lawfully required to tell the truth, takes God to witness (or merely “affirms”) that what they say is true. A legally binding promise to tell the truth.
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Perjury
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Perjury is the crime of making a knowingly false statement which bears on the outcome of an official proceeding that is required to be testified to under oath. "Lying under oath," or "perjury" is a criminal offense. A person is legally required to truthfully answer questions, or abstain from answering at all.
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Precedent
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Precedent means deferring to a prior reported opinion of an appeals court which forms the basis in the future on the same legal question decided in the prior judgment. The requirement that a lower court must follow a precedent is called “stare decisis”.
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Qui tacet consentit
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Latin for “Silence gives consent”.
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Reformation
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The Protestant Reformation was a movement which emerged in the 16th century as a series of attempts to reform the Roman Catholic Church in Western Europe.
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Regulation
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Regulations are rules and administrative codes issued by governmental agencies at all levels, municipal, county, state and federal. Because they are adopted under authority granted by statutes, they are enforceable under the law and often include penalties for violations.
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Secession
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Secession is the act of withdrawing from an organization, union, or political entity. Typically there is a strong issue difference that drives the withdrawal.
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Sovereign Immunity
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Sovereign Immunity traces its origins from early English law. Generally, it is the doctrine that the sovereign or government cannot commit a legal wrong and is immune from civil suit or criminal prosecution. For a person individually to be immune to suit, they must be acting as an arm of the government. In contemporary terms it is the doctrine that the government, state or federal, is immune to lawsuit unless it gives its consent
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Testimony
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Testimony is a statement made in a legal proceeding or an administrative or legislative hearing by a witness while witness who provides false testimony is guilty of perjury. Testimony is one type of evidence, as distinguished from writings, videotapes, and other forms of evidence.
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Treason
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A person commits the crime of treason if he levies war against his state or country or sides to its enemies, giving them aid and comfort. Treason is a crime under federal and some state laws. Treason is made a high crime, punishable by death, under federal law by Article III, section 3 of the U.S. Constitution: "Treason against the United States shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort." Under this article of the Constitution, no person shall be convicted of treason, unless on the testimony of two witnesses to the same overt act, or on confession in open court.
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Tribunal
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A court of law or the whole body of judges who comprise a jurisdiction, with authority to adjudicate matters, hear and weigh evidence and render a decision or judgment.
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