Unit 1 Key Terms (Second Half)

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Negotiation

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33 Terms

1

Negotiation

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

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2

Settlement

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

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3

Arbitration

A way of settling a dispute without going to trial.

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4

Mediation

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

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5

Ombudspersons

Individuals who investigate complaints and help achieve fair settlements.

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6

Trial courts

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

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7

Parties

People directly involved in a legal matter.

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8

Plaintiff

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

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9

Prosecutor

The government's attorney in a criminal case.

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10

Defendant

The person against whom a claim is made.

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11

Adversarial system

The judicial system used in the United States.

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12

Inquisitional system

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

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13

Plea bargain

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

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14

Voir dire

The process where opposing lawyers question prospective jurors.

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15

Removal for cause

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

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16

Peremptory challenges

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

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17

Appeals court

Court where appeals from trial-court decisions are heard.

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18

Error of law

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

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19

Precedent

Court decision guiding future cases with similar questions.

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20

Dissenting opinion

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

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21

Concurring opinion

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

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22

Probate

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

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23

Inherent powers

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

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24

Delegated powers

Powers specifically granted to Congress by the Constitution.

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25

Petitions for certiorari

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

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26

Stare decisis

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

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27

Litigators

Trial attorneys or barristers.

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28

Bar associations

Organizations licensing lawyers.

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29

Retainer

Down payment by a client to hire an attorney.

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30

Contingency fee

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

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31

Privilege

Right to withhold information due to special status or confidentiality.

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32

Disbarred

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

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33

Legal malpractice

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

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