NCCC 21 Ch 7 - Steps in a Trial

Circumstantial evidence

Indirect evidence. Unlike direct evidence (e.g., eyewitness testimony), circumstantial evidence requires an inference to be drawn from the facts presented.

DNA sample

Biological evidence of any nature that is utilized to conduct DNA analysis.

Judgment notwithstanding the verdict

A judgment a court renders in favor of one party notwithstanding a verdict in favor of the other party. Also called judgment n.o.v.

Hung jury

A deadlocked jury; one that cannot agree.

Judgment n.o.v

A judgment a court renders in favor of one party notwithstanding a verdict in favor of the other party (n.o.v. is the abbreviation for non obstante verdicto, which means notwithstanding a verdict).

Capital criminal case

A case in which the death penalty may be inflicted.

Direct evidence

Evidence that directly relates to the fact in issue. Evidence that doesn’t require the making of an inference based upon the facts presented, such as eyewitness testimony.

Mistrial

An invalid trial of no consequence.

Prima facie case

Legally sufficient for proof unless rebutted or contradicted by other evidence.

Ripe for judgment

The stage of a trial at which everything has been completed except the court's decision.

Respondent

One who is called on to answer a petition. A party against whom an appeal is brought. Also called appellee and defendant in error.

Appellee

A party against whom an appeal is brought. Also called defendant in error and respondent.

Appellant

A party bringing an appeal.

Motion for a directed verdict

In a jury trial, a motion asking the court to find in favor of the moving party as a matter of law, without having the case go to the jury.

Vacate

To annul.

Leading questions

Questions that suggest to the witness the desired answer.

Summation

Final statement by an attorney summarizing the evidence that has been introduced. Also called closing argument.

Judgment on the merits

A court decision based on the evidence and facts introduced.

Jury charge

Instructions to a jury on matters of law.

Equity

That which is just and fair.

Malpractice

Professional misconduct; negligence of a professional.

Real evidence

Actual objects that have a bearing on the case, such as an item of clothing, a weapon found at the scene of the crime, a photograph, a chart, or a model.

Closing argument

Final statement by an attorney summarizing the evidence that has been introduced. Also called summation.

Reverse

Make void. Also called set aside.

Consent decree

A decree that is entered by consent of the parties, usually without admission of guilt or wrongdoing.

Testimonial evidence

Oral testimony of witnesses made under oath in open court.

Questions of fact

Questions about the activities that took place between the parties which caused them to go to court.

Infant

The legal name for a minor.

Non obstante verdicto

Abbreviated n.o.v. Notwithstanding a verdict.

Remand

To send back.

Admissible evidence

Evidence that is pertinent and proper to be considered in reaching a decision following specific rules.

Affirm

Approve.

Cross-examination

The examination of an opposing or hostile witness.

Manslaughter

The unlawful killing of one human being by another without malice aforethought. Is classified as either voluntary or involuntary manslaughter.

Appeal bond

A bond often required as security to guarantee the cost of an appeal, especially in civil cases.

Relevant evidence

Evidence tending to prove or disprove an alleged factual issue in dispute at trial.

Preliminary injunction

An injunction issued by a court before hearing the merits of a case.

Deliberates

To consider slowly and carefully.

Polling the jury

A procedure in which each individual juror is asked whether he or she agrees with the verdict given by the jury foreperson.

Judgment on the pleadings

A judgment rendered without hearing evidence when the court determines that it is clear from the pleadings that one party is entitled to win the case.

Defendant in error

A party against whom an appeal is brought. Also called appellee and respondent.

Exhibits

Tangible items that are introduced in evidence.

Court of equity

A court that administers justice according to the system of equity.

Verdict contrary to law

A verdict that is incorrect as a matter of law.

Decree

The decision of a court of equity.

Set aside

Make void. Also called reverse.

Injunction

An order of a court of equity to do or refrain from doing a particular act.

DNA

Abbreviation for deoxyribonucleic acid. The double strand of molecules that carries a cell’s unique genetic code.

Opening statement

An attorney's outline, to the jury (or to a judge in a bench trial), of the anticipated evidence to be shown.

Documentary evidence

Evidence consisting of such documents as written contracts, business records, correspondence, wills, and deeds.

Majority

Full age; adulthood.

Direct examination

The examination of one's own witness.

Case in chief

The introduction of evidence to prove the allegations that were made in the pleadings and in the opening statement.

Adjudication

A court judgment.

Hearsay

an out of court statement offered in court to prove the truth of the matter being asserted in court. Hearsay is generally inadmissible because it can’t be cross-examined for truthfulness, but there are over 20 exceptions to the hearsay rule.