Legal Vocabulary for Social Workers - Lecture Notes (Pages 1-2)

A comprehensive set of Q&A flashcards covering key legal terms and concepts from the lecture notes.

What is an affidavit?

A written statement sworn under oath to be true.

What is an amicus curiae brief?

A brief filed by someone not directly involved in the case but with expertise to help the court; examples include the ACLU or NASW.

What is an appeal?

A request to a higher court to reverse a decision.

What is arraignment?

When the accused hears formal charges, is informed of rights, and enters a plea.

What is a bench trial?

A trial presided over by a judge only.

What is a jury trial?

A trial where a jury (and the judge) determines the verdict.

What does 'best interest of the child' mean?

A standard guiding decisions to promote the child’s well-being.

What does 'beyond a reasonable doubt' refer to?

The criminal standard of proof requiring proof beyond a reasonable doubt.

What is the burden of proof in criminal vs. civil cases?

In criminal cases, the government must prove guilt; in civil cases, the plaintiff must prove the case.

What is the difference between a civil case and a criminal case?

Civil: disputes between private parties; burden on plaintiff, often preponderance of evidence. Criminal: brought by government; guilt beyond a reasonable doubt.

What is the 'clear and convincing evidence' standard?

An intermediate civil standard of proof, higher than preponderance but lower than beyond a reasonable doubt.

What does 'de jure' mean?

As stated in law; by legal right.

What does 'de facto' mean?

In fact; a state of affairs that exists in reality, even if not stated by law.

Who is the defendant?

The accused; the party being charged.

Who is the plaintiff?

The party bringing the suit or charge.

What is a deposition?

Questioning in a lawyer’s office with attorneys and a court reporter; part of discovery.

What is direct examination?

The plaintiff’s attorney’s initial questioning of a witness.

What is cross-examination?

The defendant’s attorney questions or tests the witness after the direct examination.

What is discovery?

Period before a hearing when parties examine documents, evidence, depositions, etc.

What is a docket?

List or schedule of cases; court calendar.

What are fundamental rights?

Rights with high protection, like those in the Constitution and Bill of Rights.

What are non-fundamental rights?

Rights related to economic and social welfare issues.

What is a grand jury?

A group of citizens convened to determine if there is enough evidence to support charges.

What is a guardian ad litem?

A person appointed by a court to act on behalf of a child or dependent adult.

What is immunity in law?

An exception from penalties or legal requirements granted by authorities (in loco parentis).

What does 'in loco parentis' mean?

In place of a parent; the government or another person acts as guardian of a child.

What is an indictment?

Legally being charged with a crime (often after a grand jury).

What is an injunction?

A judicial order that requires ceasing or compelling a specific action.

What is judgment notwithstanding the verdict (JNOV)?

Judge’s reversal of a jury verdict when the verdict is not supported by the law or is clearly mistaken.

What is N.O.V. (non obstante veredicto)?

Judgment notwithstanding the verdict; a judge overturns the jury’s verdict.

What is jurisdiction?

Authority of a court to hear and decide a case; includes diversity and limited jurisdiction.

What is diversity jurisdiction?

Disputes involving citizens from different states.

What is limited jurisdiction?

Courts with narrow, specific powers (e.g., bankruptcy or traffic court).

What is litigation (and a litigious society)?

The process of taking legal action; a society with a high tendency to sue.

What is a magistrate?

Civil officer or lay judge who oversees minor offenses or preliminary hearings.

What is nolo contendere?

A criminal plea where the defendant accepts conviction without admitting guilt.

What is parens patriae?

'Father of his country' concept; the government acts as guardian of dependents.

What is a plea agreement?

An agreement between parties after a preliminary hearing but before trial.

What is trial?

A formal examination of evidence in court to determine guilt or liability.

What is police power?

Authority from the 10th Amendment for states to protect the public health, safety, and welfare.

What is precedent (stare decisis)?

Past, similar cases that guide court decisions.

What is a preliminary hearing?

An early hearing to determine if there is probable cause to proceed to trial.

What is probable cause?

Reasonable grounds to believe a person committed a crime.

What is the preponderance of the evidence standard?

The civil standard of proof: more likely than not.

What is a privilege?

A special benefit, exception from a duty, or protection from penalty.

What does 'pro bono publico' mean?

'For the good of the public'.

What does 'pro bono' mean?

A case taken by an attorney for free—no compensation.

What is the right to privacy?

The right to be left alone; protection against unwarranted intrusion.

What is the standard of care?

Average, expected care or practice in a given situation.

What are statutory, administrative & case law?

Statutory: made by legislature; Administrative: by the executive branch; Case law: made by the judiciary.

What is a strict constructionist vs. judicial activist?

Strict constructionist favors literal interpretation of law; judicial activist interprets laws to fit contemporary society.

What is substantive vs. procedural due process?

Substantive: protection of the substance of rights; Procedural: protection of the processes by which laws are administered.

What is a tort?

A civil wrongful act causing injury to another (negligence, intentional or accidental), not a contract breach.

What is voir dire?

Process of interviewing potential jurors.