Mass Media Law Legal Terms

Quiz Sep. 3

Plaintiff:

the party who initiates a lawsuit in a civil case by filing a complaint against the defendant, or in some proceedings, the respondent

Defendant:

in criminal cases, is the person accused of the crime, that is being sued by the plaintiff

Appellant:

the party who appeals a lower court’s judgement or order to a higher court

Appellee:

the party against whom the appeal is filed and responds to and defends the appeal, also referred to as the respondent

Complaint:

the pleading that starts a case. A document that sets forth a jurisdictional basis for the court’s power, the court’s power, the plantiffs’s cause of action

Verdict:

the formal decision or judgement rendered by a court at the conclusion of a trial or legal proceeding

Civil:

used primarily as a descriptive term to denote conflicts between private individuals

Criminal:

a person who has committed a crime

Burden of Proof:

to prove a fact in court must specify to have that fact legally established, criminal cases must establish that fact beyond an unreasonable doubt. Civil cases, the plaintiff has the burden of proving their case by a preponderance of evidence

Trial Court:

Fact finding, any courts that hear a case first. Makes both finding of facts ad law through a full trial expounding the evidence of the case

Appellate Court:

law reviewing, the higher court that hears and reviews the appeals from legal cases that have already been heard and ruled in lower court

Jury Trial:

allow juries to make findings of fact and render a verdict for the trial

Bench Trial:

the type of trial that does not involve a jury but is conducted by the judge alone, the judge decides the facts of the case and applies the law

Precedent:

a court decision that is considered an authority for deciding subsequent cases involving identical or similar facts or similar legal issues

Stare Decisis:

the doctrine the courts will adhere to precedent in making their decisions, “stand by things decided”

Overrule:

When an attorney raises an objection to the admissibility of evidence at trial and when an appellate court issues its ruling

Case Law:

law that is baes on judicial decisions rather than law based on constitutions, statues, or regulations Concerns unique disputes resolved by courts using the concrete facts of a case, also known as Common law

Statutory Law:

law established by an act of the legislature that is signed by the executive, all criminal cases are statutory

Types of USC Opinions:

Court’s opinion, concurring, dissenting, plurality, per curiam opinion, Memorandum order

Direct Appeal:

the standard process of appealing your conviction for a crime

Writ of Certiorari:

“to be fully informed”, orders a lower court to deliver its record in a case so that the higher court may review it.

District Court:

refers to one of the 94 trial courts throughout the nation that determines facts and apply legal principles to both civil and criminal cases

Prosecuted:

to initiate criminal proceedings against a person

Convicted:

the act or judicial process of finding a criminal defendant guilty of charge

Liable:

to be held legally responsible or obligated