Unit 1 Key Terms (Second Half)

Negotiation

The process of discussing an issue to reach a settlement or agreement.

Settlement

A mutual agreement between two sides in a civil lawsuit that settles or ends the dispute.

Arbitration

A way of settling a dispute without going to trial.

Mediation

The act or process of resolving a dispute between two or more parties.

Ombudspersons

Individuals who investigate complaints and help achieve fair settlements.

Trial courts

Courts that listen to testimony, consider evidence, and decide the facts in a disputed situation.

Parties

People directly involved in a legal matter.

Plaintiff

The injured party who brings legal action in a civil case.

Prosecutor

The government's attorney in a criminal case.

Defendant

The person against whom a claim is made.

Adversarial system

The judicial system used in the United States.

Inquisitional system

A European method where the judge plays an active role in handling disputes.

Plea bargain

Negotiations between the prosecutor, defendant, and defendant’s attorney in a criminal case.

Voir dire

The process where opposing lawyers question prospective jurors.

Removal for cause

Part of jury selection where attorneys may request removal of jurors incapable of rendering a fair verdict.

Peremptory challenges

Attorneys' right to dismiss potential jurors without reason, except based on race.

Appeals court

Court where appeals from trial-court decisions are heard.

Error of law

Mistake made by a judge in legal procedures or rulings during a trial.

Precedent

Court decision guiding future cases with similar questions.

Dissenting opinion

Written opinion of minority judges who disagree with the majority decision.

Concurring opinion

Additional written opinion where a judge agrees with the decision for different reasons.

Probate

The process of proving a will is genuine to a court.

Inherent powers

Congress's assumed powers logically resulting from those listed in the U.S. Constitution.

Delegated powers

Powers specifically granted to Congress by the Constitution.

Petitions for certiorari

Formal application to have a lower court decision reviewed by the U.S. Supreme Court.

Stare decisis

Rule stating that precedent must be followed for legal system predictability.

Litigators

Trial attorneys or barristers.

Bar associations

Organizations licensing lawyers.

Retainer

Down payment by a client to hire an attorney.

Contingency fee

Fee paid to an attorney based on a percentage of the client's lawsuit award.

Privilege

Right to withhold information due to special status or confidentiality.

Disbarred

To take away an attorney's license due to illegal or unethical conduct.

Legal malpractice

Lawsuit against a lawyer for loss caused by error or failure to meet legal practice standards.