Reel Legal Test 2

Front 1

Alternate Juror

Back 1

A juror selected in the same manner as a regular juror who hears all the evidence but does not help decide the case unless called on to replace a regular juror. Normally dismissed if not needed just prior to the full jury beginning their deliberation on the case.

Front 2

Cross Examination

Back 2

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 3

Deliberate

Back 3

The discussions of the jury which occur after the judge has instructed them to retire to the jury room and consider their verdict.
or

The process by which jurors discuss evidence presented in a case in order to harmonize their opinions and reach a consensus on the issues to be decided.

Front 4

Forgery

Back 4

A false document, signature, or other imitation of an object of value used with the intention to deceive another into believing it is the real thing. Those who commit forgery are commonly charged with the crime of fraud.

Front 5

Hung Jury

Back 5

A jury unable to come to a final decision, resulting in a mistrial. Judges do their best to avoid hung juries, typically sending juries back into deliberations with an assurance (sometimes known as a "dynamite charge") that they will be able to reach a decision if they try harder.

Front 6

Jury Instructions

Back 6

A judge's direction to the jury before it begins deliberations regarding the factual questions it must answer and the legal rules that it must apply.

Front 7

Mercy

Back 7

Clemency: leniency and compassion shown toward offenders by a person or agency charged with administering justice.

Front 8

Motive

Back 8

The reason why a crime was committed or the cause(s) that moves people to take a certain action.

Front 9

Premeditation

Back 9

Planning, plotting, or deliberating before doing something. Premeditation is an element in first degree murder and shows intent to commit that crime.

Front 10

Prosecutor*

Back 10

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

Front 11

Premeditated Murder*

Back 11

The crime of wrongfully causing the death of another
human being after rationally considering the timing or method of doing so.

Front 12

Reasonable Doubt

Back 12

If, in the minds of the jury, a doubt exists which may have arisen from the evidence, or lack of evidence, a doubt that would exist in the mind of a reasonable person after fully, fairly, and carefully considering all of the evidence, or lack of evidence.

Front 13

Sequester

Back 13

To keep separate or apart from others. In "high-profile" criminal prosecutions which have been highly publicized the jury is sometimes sequestered in a hotel without access to news media, the general public or their families except under supervision, in order to prevent the jury from having their opinions tainted by outside information.

Front 14

Testimony*

Back 14

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.

Front 15

Unanimous Verdict

Back 15

In felony (a serious crime, usually punishable by at least one year in prison.) criminal cases the jury must be unanimous (everyone must agree). If the jury cannot reach a unanimous verdict, it is said to be "hung," and the case is dismissed, leaving the prosecutor free to try the case again.

Front 16

Agreement

Back 16

Mutual assent (or consent) between two or more parties; normally leads to a contract; may be verbal or written.

Front 17

Charge

Back 17

A pleading describing some criminal wrong or offense.

Front 18

Circumstantial Evidence

Back 18

Evidence based on inference and not on personal knowledge or observation that does not directly prove a fact but gives rise to a presumption that a fact does exist. Details or facts which indirectly point to other facts.

Front 19

Closing (in real estate)

Back 19

The final step in the sale and purchase of real estate in which the seller's deed of title is exchanged for the buyer's payment.

Front 20

Closing Argument *

Back 20

Final statement during trial made by attorneys for each party in which they summarize both the evidence they have presented and that which they assert the opposing party has failed to prove. Also called closing statement or summation.

Front 21

Compromise

Back 21

Compromise is the process or result of concessions from both sides of a dispute with the aim of finding common middle ground. Settlement of differences is achieved from mutual adjustment of conflicting claims/principles by yielding a part of each.

Front 22

Cross Examination*

Back 22

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.

Also:

The opportunity to cross-examine usually occurs as soon as a witness completes his or her initial testimony, called direct testimony. Cross-examiners attempt to get the witness to say something helpful to their side, or to cast doubt on the witness's testimony by eliciting something that reduces the witness's credibility -- for example, that the witness's eyesight is so poor that she may not have seen an event clearly.

Front 23

Entailment

Back 23

The act of giving, as an estate, and directing the mode of descent (the kinship relation). In the film, the character Walter Cunningham, is most likely in a dispute over who is rightful heir to a piece of property.

Front 24

Grand Jury

Back 24

A grand jury's purpose is to investigate alleged crimes, examine evidence, and issue indictments if they believe that there is enough evidence for a trial to proceed. They are an impartial panel of citizens who must determine whether reasonable cause or probable cause to believe that a crime has been committed exists. The grand jury acts as a check on the prosecutorial power of the state.
The Fifth Amendment of the U.S. Constitution requires a grand jury to be empanelled in all "capital or infamous crimes" under federal jurisdiction. The Supreme Court has ruled that this requirement does not apply to states, so states are free to not use grand juries. In some jurisdictions, a prosecutor can issue charges by filing an information or accusation. A preliminary hearing before a judge with the defendant and his or her counsel is then held.

Front 25

Mutual Consent

Back 25

A meeting of the minds; an agreement.

Front 26

Postponement

Back 26

A delay of time during which some legal action is awaited.

Front 27

Rape *

Back 27

The crime of having sexual intercourse with another person without consent.

Front 28

Self Defense

Back 28

In criminal law, a person has the right to use physical force to defend themselves, their property or another against an aggressor’s imminent use of unlawful force.

Front 29

Verdict

Back 29

The formal decision of the jury in a jury trial (or finding of guilt or innocence), or of the judge in a bench trial.

Front 30

Will

Back 30

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

Front 31

1st Degree Murder

Back 31

Although it varies from state to state, it is generally a killing which is deliberate and premeditated and sometimes in conjunction with a felony. The specific criteria for first degree murder are established by statute in each state and in federal prosecutions. It is distinguished from second degree murder in which premeditation is usually absent, and from manslaughter which lacks premeditation and suggests that at most there was intent to harm rather than to kill.

Front 32

Abstracts

Back 32

Refers to an abbreviated history of an official record often used in the context of an abstract of a land title.

Front 33

Adjournment

Back 33

A temporary postponement of the proceedings of a case until a specified future time.

Front 34

ALR

Back 34

The American Law Reports are a resource used by American lawyers to find a variety of sources relating to specific legal rules, doctrines, or principles. It is an important tool for legal research.

Front 35

Appearance

Back 35

The formal attendance in court or at a hearing of a party in an action.

Front 36

Arraignment

Back 36

The first official court appearance made by a criminal defendant at which he or she is formally charged with an offense and called on to plead guilty or not guilty to the charges contained in the state's indictment or information.

Front 37

Attorney General

Back 37

The chief law officer of a country, state or nation.

Front 38

Bail

Back 38

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 39

Character Witness

Back 39

A witness who testifies under oath as to the good reputation of another person in the community where that person lives.

Front 40

“Charging the Jury”

Back 40

Following the summations by counsel, the judge gives the jury precise instructions about the law that must be applied to the case. The judge outlines the facts the prosecution must prove in order to establish the guilt of the accused, and advise jurors of the duties they must carry out when they leave the courtroom to consider their verdict (deliberation).

Front 41

Closing

Back 41

Final statement during trial made by attorneys for each party in which they summarize both the evidence they have presented and that which they assert the opposing party has failed to prove. Also called closing statement, closing argument or summation.

Front 42

Contempt

Back 42

Disobedience of the rules, orders or process of a court, or gross disrespect to the judge or officials. The court has power to punish any such offences by fines and/or confinement.

Front 43

Continuance

Back 43

A postponement of a trial or hearing to a later date that can be granted only by the court.

Front 44

Discovery

Back 44

A compulsory pretrial disclosure of documents relevant to a case; enables one side in a litigation to elicit information from the other side concerning the facts in the case.

Front 45

Docket

Back 45

An official court record book or calendar which lists all the cases before the court and which may also note the status or action required for each case.

Front 46

Estate

Back 46

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 at the time of the person’s death

Front 47

Excusable Defense

Back 47

Excusable homicide is a killing that is found not to have the required intent to amount to murder, due to justifying or unusual circumstances. It is a crime governed by state laws, which vary by state.

Front 48

Felony

Back 48

An offense for which a sentence of death or a term of imprisonment for one year (in most states and as regards to federal crimes) or more is provided.

Front 49

Impoverished

Back 49

Destitute: poor enough to need help from others.

Front 50

In Camera and/or
“In Chambers”

Back 50

In camera (Latin: "in a chamber") is a legal term meaning "in private". When proceedings are held in the chambers of a judge not to be open to the public.

Front 51

Information

Back 51

An accusation or criminal charge similar to an indictment, except that it is brought by the public prosecutor rather than a grand jury.

Front 52

Irresistible Impulse

Back 52

A seldom used defense for criminal insanity that labels the person insane if he or she could not control their actions when committing a crime, even though they knew their actions were wrong.

Front 53

Insanity

Back 53

A mental illness of such a severe nature that a person cannot distinguish fantasy from reality, cannot manage his/her own affairs, or is subject to uncontrollable impulsive behavior. In criminal cases, a plea of "not guilty by reason of insanity" will require a trial on the issue of the defendant's insanity (or sanity) at the time the crime was committed.

Front 54

Jurisdiction *

Back 54

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.

Front 55

Justification

Back 55

In law, a legitimate reason or explanation for something which would otherwise be illegal. The justification allows the act to be "declared just"(i.e. legal); for example self-defense is a justification for homicide.

Front 56

Justifiable Homicide

Back 56

“No fault” homicides characterized by a lack of criminal intent and the person found to have committed a justifiable homicide is freed. They are distinguished from crimes of passion, which involves a lessening of the charge or sentence. Justifiable homicide is not a crime.

Front 57

Larceny

Back 57

Theft of property without forced entry, or use of force.

Front 58

Legal Fee

Back 58

A fee paid for legal service.

Front 59

Lie Detector Test

Back 59

Or a "polygraph" means a lie detector, polygraph, psychological stress evaluator or other device, mechanism or instrument, regardless of what it is called, which is operated or the results of which are used or interpreted by a polygraph examiner for the purpose of detecting deception or verifying truth of statements.

Front 60

Manslaughter

Back 60

An unlawful killing without premeditation or malice (intent). It can be voluntary or involuntary, depending upon the circumstances attending the killing.

Front 61

Objection *

Back 61

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.

Front 62

Petition

Back 62

A formal request for something, submitted to an authority such as a court or a government agency.

Front 63

“Point of Law”

Back 63

That on law on which a precedent or an issue to be decided.

Front 64

Postmortem

Back 64

Or autopsy: an examination and dissection of a dead body to determine cause of death.

Front 65

Precedent

Back 65

An established rule of law set by a previous case. Courts should follow precedent when it is advisable and possible.

Front 66

Premeditated Murder

Back 66

The crime of wrongfully causing the death of another
human being after rationally considering the timing or method of doing so.

Front 67

Procedure

Back 67

In all lawsuits involving Conflict of Laws, questions of procedure as opposed to substance are always determined by the law of the state in which the case is being litigated.

Front 68

Promissory Note

Back 68

A written promise by one party to pay a specific amount of money to another party.

Front 69

Rape

Back 69

The crime of having sexual intercourse with another person without consent.

Front 70

Rebuttal

Back 70

To counter, disprove or contradict the opposing party's evidence or presumption by introducing new evidence.

Front 71

Recess

Back 71

Recess, in a legal context, refers to a break in a trial or other court proceedings until a defined date and time in the future. Similar to “Continuance”.

Front 72

Redirect

Back 72

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 73

Rosary

Back 73

A string of beads used in counting prayers (especially by Roman Catholics).

Front 74

Sidebar

Back 74

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 75

Summary

Back 75

A brief statement that presents the main points of a legal argument in a concise form.

Front 76

Temporary Insanity

Back 76

A defense by the accused that he or she was briefly insane at the time the crime was committed and therefore was incapable of knowing the nature of the alleged criminal act.

Front 77

United States Reports

Back 77

The official record of the rulings, orders, case tables, and other proceeding of the Supreme Court of the United States.