procedural law exam 2

Adversarial system

A legal system where two opposing sides present their case before a neutral judge or jury.

Appointment

The act of officially assigning someone to a position or role, often referring to appointing a judge or lawyer.

Assigned counsel

A lawyer appointed by the court to represent someone who cannot afford one.

Assistant prosecuting attorneys

Lawyers who help the main prosecutor in a criminal case.

Attorney general

The chief legal officer of a state or country.

Bailiff

A court officer who keeps order in the courtroom.

Bench trial

A trial without a jury, where the judge decides the outcome.

Challenge for cause

A request to remove a potential juror because of a specific reason that suggests bias.

Charging decision

The prosecutor's decision to file criminal charges against someone.

Community prosecution

A strategy where prosecutors work with community groups to address crime problems.

Contract attorney

A lawyer hired by the court or government on a contract basis.

Court administrator

A person who manages the administrative functions of a court. Including scheduling, record keeping, and personnel. They also work with judges and direct the work of other staff

Court-appointed counsel

Similar to assigned counsel; a lawyer the court assigns to a defendant.

Court clerk

A court employee who maintains court records.

Court reporter

Records and transcribes legal proceedings into written records. They work in courts, depositions, and other legal proceedings. 

Defense attorney

The lawyer who represents the defendant in a criminal case.

Discretion

The power to make decisions based on judgment and conscience, while still following legal guidelines.

District attorney

A prosecutor who represents the state or government in criminal cases within a specific district.

Due process

The legal requirement that the government must follow fair procedures when dealing with individuals.

Election

The process of selecting judges or other officials through voting.

Expert witness

A person with specialized knowledge who testifies in court.

Fixed-fee-per-case contract

A contract where a lawyer agrees to represent a client for a set fee per case.

Fixed-price contract

A contract where a lawyer agrees to provide legal services for a fixed price.

Gideon v. Wainwright (1963)

A landmark Supreme Court case that established the right to legal counsel for indigent defendants in felony cases.

Going rate

The typical or average fee charged by lawyers for a particular type of legal service.

Horizontal model of prosecution

A system where different prosecutors handle different stages of a case.

Impeachment

The process of formally accusing a public official of misconduct.

Impeachment evidence

Evidence used to support an impeachment case.

Judge

A public official who presides over court proceedings.

Judicial selection methods

The different ways judges are chosen (election, appointment, merit system).

Jurors

Members of a jury who decide the facts in a trial.

Jury panel

A group of potential jurors selected from a larger pool, who are brought to court to be questioned by the judge and attorneys to determine if they are suitable to serve on a specific jury for a particular case; essentially, it's the group of people from which the final jury will be chosen

Jury pool

A group of potential jurors, randomly selected from a community, that a court draws from to choose the final jury for a specific trial.

Jury selection

The process of choosing jurors for a trial. The judge and attorneys decide which potential jurors to include on the jury. 

Lay witness

A person who testifies in court about what they have seen or heard.

Mediation

A method of resolving disputes outside of court, with the help of a neutral third party.

Merit system (Missouri plan)

A way to select judges where a non-partisan commission reviews candidates and the governor appoints one.

Peremptory Challenge

A lawyer's right to reject a potential juror without giving a reason.

Public Defender

A lawyer provided by the government to defend people who cannot afford to hire one.

Retained Attorneys

Lawyers hired and paid for by people who need legal representation.

United States Attorney

A lawyer who represents the federal government in court cases.

Mixed Model

A system that combines different methods of prosecution, like both public defenders and private attorneys.

Vertical Model

A method where a single prosecutor handles a case from start to finish.

Voir Dire

The process of questioning potential jurors to determine if they are suitable for a trial.

Plea Bargaining

An agreement where the defendant pleads guilty to a lesser charge to avoid a trial.

Count Reduction

Reducing the number of charges against a defendant as part of a plea deal.

Charge Reduction

Lowering the severity of charges against a defendant in exchange for a guilty plea.

Concurrent Sentences

When a person serves multiple sentences at the same time.

Consecutive Sentences

When a person serves one sentence after another is completed.

Nolle Prosequi

A decision by a prosecutor to drop charges against a defendant.

Nolo Contendere

A plea where the defendant does not admit guilt but also does not contest the charges.

Preliminary Hearing

A hearing to decide if there is enough evidence to require a trial.

Arraignment

A court proceeding where the defendant is formally charged and enters a plea.

Bail

Money or property given to the court to ensure a defendant returns for trial.

ROR (Release on Recognizance)

Releasing a defendant without bail based on their promise to return for trial.

Preventive Detention

Holding a defendant in jail before trial because they are considered a danger to the community or a flight risk.

Indictment

A formal charge issued by a grand jury stating there is enough evidence for a trial.

Information

A formal charge issued by a prosecutor without a grand jury.

Grand Jury

A group of citizens who decide if there is enough evidence to charge someone with a crime.

Pretrial Motions

Legal requests made before a trial begins, such as to exclude evidence.

Discovery

The process where both sides exchange evidence and information before trial.

Exculpatory Evidence

Evidence that might show the defendant is not guilty.

Motion to Suppress

A request to exclude certain evidence from being used in court.

Motion to Dismiss

A request to dismiss charges or the case entirely.

Motion for a Change of Venue

A request to move the trial to a different location.

Motion for Continuance

A request to delay the trial to a later date.