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81 Cards in this Set

  • Front
  • Back
Bar
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
Bribery
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
Capital Offense
A crime so serious that capital punishment (punishable by death) is considered appropriate
Chancellor
The Officer of the royal household who served as the monarch's secretary or notary. responsible for the Chancery, the arm of the royal govt dealing with domestic and foreign affairs. Usually the person filling this office was a bishop chosen for knowledge of the law
Charges
In a criminal case, the specific statement of what crime the party is accused contained in the indictment or criminal complaint. Based on jury instructions submitted by attorneys on both sides and agreed upon by the trial judge.
Commission (s) (ed)
multiple meanings:
Sales commission is a sum of money paid to an employee contingent upon an event, usually selling a certain amt of goods or services
If used to identify a person with an official govt or church position, it would mean the act of granting authorityto undertake certain functions.
may refer to an official group appointed and delegated to consider some matter
Common Law
Law arising from tradition and judicial decisions rather than laws passed by the legislature
Counselor
an advisor; an attorney, especially a trial lawyer
Dispensation
An act whereby in a particular case a lawful superior grants relaxation from an existing law
Divorce
The legal act (under state law) of ending or terminating a marriage
Dynasty
A ruling family who remains in power for generations by choosing successors from among blood relatives
evidence
governs the use of testimony and exhibits (ex-physical objects) or other documentary material which is admissible in a judicial or administrative proceeding that is used to determine or demonstrate the truth of an assertion
excommunicated
excommunication
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. Status is that of a stranger, may not participate in public worship nor recieve the body of christ or any sacraments
Heirs
people who would inherit the estate of a dead person by statutory law if the deceased died without a will.
a linear heir is someone who inherits in a line that ascends or descends from a common ancestor
heretic
someone who holds or adheres to an opinion or belief that contradicts established religious teaching, especially one that is officially condemned by religious authorities
indictment
a formal written accusation charging one or more people of a felony.
lawsuit
a legal proceeding filed with the court
license
an official authorization to do something that the person would not be entitled to do without the lisence or permit
oaths
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 that what they say is true.
A legally binding promise to tell the truth
perjury
crime of making a knowingly false statement which bears the outcome of an official proceeding that is required o be testified under oath. "lying under oath" A person is legally required to truthfully answer questions, or abstain from answering at all
precedent
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 judgement. The requirement that a lower court must follow is called "stare decisis"
Qui tacet consentit
latin for "silence gives consent"
reformation
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
regulation
rules and administrative codes issued by governmental agencies at all levels, municipal, county, state and federal. They are enforceable under the law and often include penalties for violations.
secession
the act of withdrawing from an organization, union, or political entity
sovereign immunity
the doctrine that the "sovereign" or govt cannot commit a legal wrong and is immune from civil suit or criminal prosecution
Testimony
a statement made in legal proceeding or an administration or legislative hearing by a witness, while witness who provides false testimony is guilty of perjury.
One type of evidence
treason
commits this crime if a person levies war against his state or country or sides to its enemies, giving them aid and comfort. Crime under federal and some state laws. A high crime, punishable by death
tribunal
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 judgement
Abolitionist
someone who thought that slavery was wrong and should be ended. Normally felt so strongly that they took some kind of action
ambassador
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 govt to which he is sent
Bill Of Sale
Formal legal document that conveys title to or interest in specific property from the seller to the buyer
Chattels
moveable items of property (clothes, furniture, and in 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.
opposite=real property like lands or buildings
Circumstantial Evidence
Information and testimony presented by a parity 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
Claim (and delivery)
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
Certiorari (Writ of)
in 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"
emancipation
freeing someone from the control of another
District Attorney (DA)
an elected or appointed public official of a county or designated district whose duties are governed by state of law
habeas corpus
latin term meaning "you have the body"
a basic individual right against arbitrary arrest and imprisonment
indentured servant
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.
has few if any rights
servant could become free
judgement
decision of a court
jurisdiction
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
moot
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.
piracy
the seizure of ship or plane by an armed force without the authority of sovereign state
petition
written application to a court requesting a remedy available under law
property
any physical or virtual entity that is owned by an individual or jointly by a group of individuals. owner has the right to consume, sell, rent, mortgage, transfer and exchange his or her property
salvage
a payment to a person or group which saves cargo from a shipwreck.
Slavery
a condition or control over a person against their own will, enforced by violence or other form of coercion.
Treaty
a binding agreement under international law, entered by parties who are subject to international law, mainly states and international organizations.
Pact formed between two nations or communities
Trial
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
trial
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
writ
a formal written command or order, issued by the court, requiring the performance of a specific act
adjournment
the dismissal by some court, legislative assembly, or properly authorized officer, of the business before them.
a final adjournment is called an adjournment "sine die", meaning "without day". A temp adjournment is one where the body is intended to meet again at another time appointed
consul
a diplomat appointed by a government to protect its commercial interests and help its citizens in a foreign country
conviction
the outcome of a trial in which a criminal defendant is found guilty.
court material
a military court for trying offenses under army, navy or other armed services rules and regulations. Such offenses must not only be committed by the military, but also done in military services
cross examination
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
death penalty
the sentence of execution for murder and some other capital crimes
defendant
the person accused of the crime. in civil matters, the defendant is the person or entity that is being sued
defense
in most litigation under the common law adversarial system the defendant, perhaps with the assistance of counsel, may allege or present defense (or defenses) in order to avoid liability, civil or criminal
due process
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
fair trial
an essential right respecting the rule of law, fair judge, unbiased attorney
inadmissible
that which, under the rules of evidence, cannot be admitted or received by a court as evidence
incriminate
for a person to give evidence or statements that admits to committing a crime or to another committing crime. A person may refuse to give any information which would be an admission of guilt of a crime or lead to information what would show guilt.
intelliegence (military)
information about the armed forces of another country that is useful in planning and conducting military policy or military operations
irrelevant
evidence not sufficiently related to the matter in issue
military law
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. all members subject to military law at all times
objection
refers to an opposition to something. 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
orders (military)
instructions issued at all levels within the military to provide information, direct action, and execute discipline
pardon
defined in criminal law as an official act of forgiving a crime and the penalty associate with it
plea
statement made by the defendant either as to his guilt or innocence to the charge made against him
prisoners
a person incarcerated in a prison, while on trial or serving a sentence. Any person held against his or her will
proclamation
a formal declaration or public announcement giving notice of a govt act that has been done or is to be done
preliminary inquiry
an inquiry that is made by a judge with a view to satisfying himself/herself as ti whether or not there is sufficient evidence for an accused to be committed to stand trial in a higher court
prosecution
the representative of the state or military who pursues the criminal charges in court
prosecutor
a govt official who conducts criminal prosecutions on behalf of the state
solicitor
a british lawyer who gives legal advice and prepares legal documents
stay of execution
a time period in which a judgement of execution is prohibited from being carried out. It may arise through an agreement b/t parties or by law
unconstitutional
refers to a govt action which in in violation of the authority and rights defined and granted in the govt's constitution.
Witness
a person who testifies under oath in a trial or a deposition in the lawsuit
Witness
a person who testifies under oath in a trial or a deposition in the lawsuit