Quiz 2b 💛

vocab

Incorporation

Incorporation

the legal process of creating an entity or corporation.

Arraignment

a court session at which a defendant is charged and enters a plea

Guilty

did the crime

Not Guilty

did not do the crime

No contest

A plea in which a defendant in a criminal prosecution accepts conviction but does not plead or admit guilt.

Bench trial

trial that takes place before a judge without a jury

Jury Trail

a legal proceeding in which a jury makes a decision or findings of fact.

Petit Trial

the trial jury for both civil and criminal cases.

Grand Jury

group of 16-23 people who hear PRELIIMINARY EVIDENCE to decide whether there is a reason to charge a person with a crime

Jury Duty

the obligation to act or a period of acting as a member of a jury in court.

Bill of information

An document containing a formal accusation of a crime that is issued by a prosecutor and presented to the defendant

True bill of indictment

a decision to indict a criminal defendant by a Grand Jury.

Criminal jury Verdict

The findings or conclusions on the factual issues presented by the case (verdict)

Beyond reasonable doubt

definitely guilty or not guilty

Civil Jury Verdict

The findings or conclusions on the factual issues presented by the case (judgment)

Preponderance of evidence

usually the standard of proof used in a civil suit; the burden of proof that a party must meet in order to win the lawsuit

Voir Dire

screening process in which opposing lawyers question prospective jurors to ensure a favorable or as fair as possible (speak the truth)

Removal for cause

opposing attorneys may request removal for any juror who does not appear of capable of rendering a fair and impartial verdict

Peremptory challenges

part of the pretrial jury process; attorneys on the opposing sides may dismiss certain number of possible jurors without giving any reasons but cannot be based on race

Subpoena ad testificandum

writ that is issued by court authority to compel the attendance of a witness at a judicial proceeding

Subpoena duces tecum

a writ ordering a person to attend a court and bring relevant documents.

Change of venue*

defense that is asking the judge to move the trial to a different place

Due process

every person in the legal dispute is enteral to a fair hearing or trial

Obiter dictum

a judge's incidental expression of opinion, not essential to the decision and not establishing precedent.

Prima Facie*

based on the first impression; that can be accepted as correct until proved otherwise

Pro se

you’re defending yourself

Mistrial

trial rendered to be invalid through an error in proceedings

Hung jury

results in a mistrial, takes one to mess it all up

Impartial Jury

you haven’t made up your mind, you promise you are not biased

jury nullification

"not guilty" when some jurors believe beyond a reasonable doubt that the defendant broke a law

Booking

information about a suspected criminal is entered into the system of a police station or jail after their arrest

Personal recognizance

release without the requirement of posting bail (written promise to appear in court (defendant)

preliminary hearing

(felony) presenting the evidence to see if there is enough for a case; prosecuting attorney examines witnesses and introduce exhibits for the state

plea bargaining

negotiations between prosecutor, defendant and def. attorney

pretrail motion

an application to the court made by the prosecutor or defense attorney, requesting that the court make a decision on a certain issue before the trial begins

Discovery

the formal process of exchanging information between partie

Exclusionary rule

if the evidence wasn’t found properly it can be excluded from the trial

Waive

It is an act of voluntarily giving up a right,

Self incrimination

intentional or unintentional act of providing information that suggests involvement in a crime

Contempt of court

the judge orders you to do something and you didn’t do it so the judge punishes you

Immunity from Prosecution

a legal protection granted to a person that shields them from criminal prosecution for a particular offense or set of offenses.

Indigent/public defender

When someone is described as indigent, they're considered unable to pay the fees required to hire a defense lawyer.

Double jeopardy

prohibits anyone from being prosecuted twice for substantially the same crime.

writ of habeas corpus

orders the custodian of an individual in custody to produce the individual before the court to make an inquiry concerning his or her detention, to appear for prosecution

eminent domain

government may seize private property with proper compensation without the owner's consent

bailiff

an official in a court of law who keeps order looks after prisoners, etc.; responsible for security in the courtroom

corpus delicti

no one should be convicted of a crime without sufficient evidence that the crime actually occurred.

hearsay

statement made any other place than the courtroom

Leading question

points out the desired answer and not on that calls for simple affirmative or negative answer