Reel Legal Exam 3

Front 1

Actual Damages

Back 1

Damages awarded to compensate a plaintiff's actual losses (for example, lost profits) arising from the wrongful actions of the defendant.

Front 2

Arrest Warrant

Back 2

A judge's order to law enforcement officers to arrest and bring to jail a person charged with a crime, also called a warrant of arrest.

Front 3

Bail*

Back 3

The legal system that allows an accused person to be temporarily released from custody (usually on condition that a sum of money guarantees their appearance at trial).

Front 4

Bar*

Back 4

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.

Front 5

Civil Actions

Back 5

Noncriminal cases in which one private individual or business sues another to protect, enforce, or redress private
or civil rights

Front 6

Claim

Back 6

An assertion of a right to money or property made by the injured party that is suing.

Front 7

Contingency Fee

Back 7

Also called a contingent fee. A fee arrangement in which the lawyer is paid out of any damages that are awarded.
Typically, the lawyer gets between one-fourth and one-third of the amount awarded to the plaintiff. If no damages are awarded, there normally is no fee.

Front 8

Continuance

Back 8

Postponement of a legal proceeding to a later date.

Front 9

Contract

Back 9

A legally enforceable agreement between two or more competent parties made either orally or in writing.

Front 10

Cross Examination*

Back 10

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.

Front 11

Damages*

Back 11

A sum of money paid in compensation for loss or injury. Money awarded by a court to a person injured by another person.

Front 12

Defendant*

Back 12

The person defending or denying a suit.

Front 13

Deposition*

Back 13

Testimony of a witness or a party taken under oath outside
the courtroom, the transcript of which becomes a part of the
court's file.

Front 14

Discovery*

Back 14

A process prior to a trial in which each side obtains facts and information about the case from the other side and from other sources

Front 15

Dismissal

Back 15

The termination of a lawsuit by a court's finding that it should not be permitted to proceed.

Front 16

Estate

Back 16

Applies to all that a person owns. An estate consists of personal property (car, household items, and other tangible items), real property, and intangible property, such as stock certificates and bank accounts, owned in the individual name of a person.

Front 17

Eviction

Back 17

A generic word for the act of expelling (kicking out) someone from real property by legal action.

Front 18

Evidence

Back 18

Any form of proof presented by a party for the purpose of supporting its factual allegations or arguments before the court.

Front 19

File

Back 19

To deposit with the clerk of the court a written complaint or petition which is the opening step in a lawsuit and subsequent documents, including an answer, demurrer, motions, petitions and orders.

Front 20

Inadmissible

Back 20

That which, under the rules of evidence, cannot be admitted or received by a court as evidence.

Front 21

Insurance Policy

Back 21

A contract in which the insurer (insurance company) agrees for a fee (insurance premiums) to pay the insured party all or a portion of health care costs or any loss suffered by accident or death.

Front 22

Irrelevant*

Back 22

Evidence not sufficiently related to the matter in issue.

Front 23

Judgment

Back 23

Decision of a court.

Front 24

Jurisprudence

Back 24

The entire subject of law, the study of law and legal questions.

Front 25

Jury Tampering

Back 25

The crime of attempting to influence a jury through any means other than presenting evidence and argument in court, including conversations about the case outside the court, offering bribes, making threats or asking acquaintances to intercede with a juror.

Front 26

Lawsuit*

Back 26

A legal proceeding filed with the court.

Front 27

Leading a Witness*

Back 27

A question asked of a witness by an attorney during a trial or a deposition (questioning under oath outside of court), suggesting an answer or putting words in the mouth of the witness. Thus, the attorney may help his own witness to tell a pre-planned story. Such a question is often objected to, usually with the simple objection: "leading." A leading question is allowable only when directed to the opposing party to the lawsuit or to an "adverse witness" during cross-examination (the chance to question after direct testimony) on the basis that such a witness can readily deny the proposed wording. Typical improper leading question: "Didn't the defendant appear to you to be going too fast in the limited visibility?" The proper question would be: "How fast do you estimate the defendant was going?" followed by "What was the visibility?" and "How far could you see?"

Front 28

Legal Fee*

Back 28

A fee paid for legal service.

Front 29

License

Back 29

Governmental permission to perform a particular act
conduct a particular business or occupation.

Front 30

Litigation

Back 30

A case, controversy, or lawsuit.

Front 31

Motion

Back 31

A request made to a court or judge which seeks a ruling or order in favor of the applicant

Front 32

Motion to Dismiss

Back 32

In a civil case, a request to a judge by the defendant, asserting that even if all the allegations are true, the plaintiff is not entitled to any legal relief and thus the case should be dismissed.

Front 33

Objection*

Back 33

A procedure whereby a party to a suit says that a particular line of questioning or a particular witness or a piece of evidence or other matter is improper and should not be continued and asks the court to rule on its impropriety or illegality.

Front 34

Parties

Back 34

The persons who are actively involved with the prosecution
or defense of a legal proceeding. Plaintiffs and defendantsare parties to lawsuits, appellants and appellees are parties
in appeals. (They may also be known as petitioners and
respondents.)

Front 35

Plaintiff*

Back 35

A person who brings a lawsuit or action; the party
who complains or sues in a civil action.

Front 36

Punitive Damages

Back 36

Damages awarded in a lawsuit as a punishment and example to others for malicious, evil or particularly fraudulent acts.

Front 37

Racketeering

Back 37

The act of operating an illegal business for personal profit.

Front 38

Redirect*

Back 38

Redirect examination is the trial process by which the party who offered the witness has a chance to explain or otherwise qualify any damaging or accusing testimony brought out by the opponent during cross-examination.

Front 39

Refreshing Collection

Back 39

To use a document, exhibit or previous testimony in order to help a witness recall an event or prior statement when the witness has responded to a question that he/she could not remember. To attempt to "refresh" the memory of a forgetful or reluctant witness, the witness must have denied remembering and the attorney must have the witness identify the document, exhibit or prior statement (lay a foundation showing it is genuine).

Front 40

Sidebar*

Back 40

A discussion by the judge and the attorneys at trial that takes place at the judge’s desk, but not intended for the
jurors or others in the courtroom to hear.

Front 41

Settlement*

Back 41

When parties to a lawsuit resolve their difference without having a trial and approved by the court so that it can be enforced as a judgment if the terms of the settlement are not complied with.

Front 42

Subpoena

Back 42

An order compelling a person to appear to testify or produce documents.

Front 43

Summation

Back 43

The final argument of an attorney at the close of a trial in which he/she attempts to convince the judge and/or jury of the virtues of the client's case.

Front 44

Sustained

Back 44

A judge's ruling that an attorney's objection is proper.

Front 45

Tax Evasion

Back 45

Intentional and fraudulent attempt to escape payment of taxes in whole or in part. If proved to be intentional and not just an error or difference of opinion, tax evasion can be a chargeable federal crime.

Front 46

Testimony

Back 46

The evidence given by a witness under oath. It does not include evidence from documents and other physical evidence.

Front 47

Verdict

Back 47

A conclusion, as to fact or law, that forms the basis for the court's judgment.

Front 48

Will*

Back 48

The directions, in written legal form, for the distribution of one's property after death

Front 49

Appellate Court

Back 49

A court having jurisdiction to hear appeals and review a trial court's procedure.

Front 50

Briefs

Back 50

Written arguments that support the position of the plaintiff(s) or the defendant(s) in a case heard before the Court.

Front 51

Complaint

Back 51

The legal document that usually begins a civil lawsuit. It states the facts and identifies the action the court is asked to take.

Front 52

Contingency Fee

Back 52

Also called a contingent fee. A fee arrangement in which the lawyer is paid out of any damages that are awarded. Typically, the lawyer gets between one-fourth and one-third of the amount awarded to the plaintiff. If no damages are awarded, there normally is no fee.

Front 53

Damages

Back 53

A sum of money paid in compensation for loss or injury. Money awarded by a court to a person injured by another person.

Front 54

Deposition

Back 54

Testimony of a witness or a party taken under oath outside the courtroom, the transcript of which becomes a part of the court's file.

Front 55

Employment Discrimination

Back 55

Laws seeking to prevent discrimination based on race, sex, religion, national origin, physical disability, and age by employers. There is also a growing body of law preventing or occasionally justifying employment discrimination based on sexual orientation. Discriminatory practices include bias in hiring, promotion, job assignment, termination, compensation, and various types of harassment.

Front 56

Expert Witness

Back 56

A witness with a specialized knowledge of a subject who is allowed to discuss an event in court even though he or she was not present at the event.

Front 57

Handicap

Back 57

A physical or mental disability. The primary law dealing with discrimination based on a handicap is the Americans with Disabilities Act (ADA) of 1990 and other related anti discrimination laws. The ADA was enacted to protect handicapped individuals from discrimination.

Front 58

Legal Fee

Back 58

A fee paid for legal service.

Front 59

Negligence

Back 59

Failure to use care which a reasonable and prudent person would use under similar circumstances.

Front 60

Paralegal

Back 60

A person, usually with special training but who has not earned a law degree, who works under the supervision of a lawyer. Also called a legal assistant.

Front 61

Plaintiff

Back 61

A person who brings a lawsuit or action; the party who complains or sues in a civil action.

Front 62

Precedent

Back 62

A legal principle or rule created by one or more decisions of a state or federal appellant court. These rules provide a point of reference or authority for judges deciding similar issues in later cases. Lower courts must apply these rules when faced with similar legal issues.

Front 63

Probate

Back 63

Court proceeding by which a will is proved valid or invalid. Term used to mean all proceedings pertaining to the administration of estates.

Front 64

Red Line Copy

Back 64

Shows all the changes made document as opposed to a clean copy which is normally the final draft with all the changes incorporated.

Front 65

Rehabilitation Act of 1973

Back 65

Sections 501 and 505 prohibit discrimination against qualified individuals with disabilities who work in the Federal government.

Front 66

Restraining Order

Back 66

A court order signed by the Judge restricting or prohibiting one from being in contact or close proximity to another or a court order, whereby a party is required to do, or to refrain from doing, certain acts.

Front 67

Rights

Back 67

Claims that have some justification behind them. A moral right is a morally justified claim. A legal right is a legally justified claim. When we use the term right without specifying the nature of the justification, we usually mean a moral right. Rights specify the acts that are permitted, forbidden, or required. If they specify the acts that the rights-holder may perform (such as vote, or drive a car), they are often called licenses.

Front 68

Settlement

Back 68

When parties to a lawsuit resolve their difference without having a trial and approved by the court so that it can be enforced as a judgment if the terms of the settlement are not complied with.

Front 69

Statute of Limitations

Back 69

A statute which limits the right of a plaintiff to file an action unless it is done within a specified time period after the occurrence which gives rise to the right to sue.

Front 70

Acquittal

Back 70

A verdict in a criminal trial in which the defendant is found not guilty of the charge.

Front 71

Allegedly

Back 71

Asserted to be true or to exist or accused but not proven or convicted.

Front 72

Attempted Murder

Back 72

In criminal law, attempted murder is the crime of more than merely preparing to commit murder and at the same time having a specific intention to kill.

Front 73

Bailiff

Back 73

The bailiff is the officer of the court who waits upon the court and jury and maintains order in the court.

Front 74

Chain of Evidence

Back 74

(Also referred to as Chain of Custody) The passage of an exhibit, from where it was located up until the time it is produced in Court as evidence. The chain of custody proves that an exhibit is, in fact, what it is alleged to be (i.e., what is produced in Court is precisely what was originally found at the scene).

Front 75

Confession

Back 75

A statement made by the accused admitting guilt. Confessions which have been made freely and voluntarily may be allowed in court as evidence.

Front 76

Conviction*

Back 76

A judgment of the court, in either a civil or criminal trial, based either on the decision of a jury or judge that the defendant is guilty of the crime for which he or she was tried.

Front 77

Court Order

Back 77

Direction of a court or judge made or entered in writing, and not included in a judgment, which determines some point or directs some step in the proceedings.

Front 78

Discovery*

Back 78

A pretrial proceeding where a party to an action may be informed about (or "discover") the facts known by other parties or witnesses. Or, the name given pretrial devices for obtaining facts and information about the case.

Front 79

District Attorney (DA)

Back 79

District attorneys are the lawyers for the government that prosecute criminal cases. When a person is arrested, the district attorney decides whether the person will face criminal charges and what the charges will be. The district attorney also presents evidence in court against criminal defendants and advocates for the sentence that the district attorney thinks the criminal defendant should receive.

Front 80

Double Jeopardy*

Back 80

Common law and constitutional prohibition (5th Amendment) against more than one prosecution for the same crime

Front 81

DUI

Back 81

Driving under the influence of alcohol or drugs. A crime that can result in fines, suspension or revocation of driver's license, or jail time

Front 82

Duress

Back 82

A state in which the improper, threatening or coercive actions of another place a person in a disadvantage psychological position. A person is not bound by a contract she enters while under duress.

Front 83

Evidence*

Back 83

Any form of proof presented by a party for the purpose of supporting its factual allegations or arguments before the court.

Front 84

Fruit of the Poisonous Tree

Back 84

(The Exclusionary Rule: Doctrine that says evidence obtained in violation of a criminal defendant's constitutional or statutory rights is not admissible at trial.)

Front 85

Interrogation

Back 85

Formal systematic questioning employed during the interview of a person.

Front 86

Mentor

Back 86

A person who provides guidance and recommendations to a more junior person for courses of action and behavior.

Front 87

Motion*

Back 87

A request made, by one of the parties to a criminal action, seeking some sort of relief.

Front 88

Plea*

Back 88

Statement made by the defendant either as to his guilt or innocence to the charge made against him.

Front 89

Preliminary Hearing

Back 89

In felony cases, an evidentiary hearing at which the state must prove to the judge that there is enough evidence to believe the defendant committed a felony. Sometimes referred to as an “arraignment”.

Front 90

Private Investigator

Back 90

A private detective: someone who can be employed as a detective to collect information.

Front 91

Probation Officer

Back 91

Officers of the county that supervise individuals who are on probation. [Probation: In modern criminal administration, allowing a person convicted of some offense to remain free under a suspension of a jail sentence during good behavior and generally under the supervision or guardianship of probation officer together with other restrictions as the court may impose.]

Front 92

Pro Per

Back 92

A Latin term meaning “on one's own behalf,” referring to people who represent themselves

Front 93

Prosecutor*

Back 93

A government official who conducts criminal prosecutions on behalf of the state.

Front 94

Restraining Order*

Back 94

A court order signed by the Judge restricting or prohibiting one from beingin contact or close proximity to another or a court order, whereby a party is required to do, or to refrain from doing, certain acts.

Front 95

Standing

Back 95

Status held by a person or group which allows the person or group to challenge or appeal a particular decision.

Front 96

Stipulate

Back 96

To give a guarantee or promise make an oral contract or agreement in the verbal form of question and answer that is necessary to give it legal force.

Front 97

Suppress

Back 97

To forbid the use of evidence at a trial because it is improper or was improperly obtained

Front 98

Waiving Your Rights

Back 98

To voluntarily give up a right or a claim.

Front 99

Witness List

Back 99

A list shared with both parties in a lawsuit of the people who are available to testify under oath as to what she or he has seen, heard or otherwise observed.