Gov Judicial Branch

Appellant

someone who files an appeal; found the original ruling a mistake

Briefs

written arguments that illustrate the cause and effect from both sides of a case

Indictment

a formal charge or accusation that a person has committed a crime

Accused

The defendant in a criminal case

Alibi

A reason why a defendant could not have done what they are accused of doing; usually a statement by a witness the defendant was somewhere else

Appeals Court

A court that reviews decisions made by trial courts because one side in a case is unhappy with the decision and asks for a "second opinion" on review; an appeals court can agree with the trial court and uphold the lower court decision or disagree with the lower court and overturn the decision

Assault

To threaten someone and have the power to carry-out the threat

Battery

To strike or hit someone else

Burden of Proof

The amount of evidence required in a case in order for the jury to find in favor of the person bringing the suit; the more serious the consequences of the case, the greater amount of proof required

Counsel

Lawyer, attorney, or counselor; someone who gives advice in a legal matter

Cross examination

Questioning of a witness of the opponent called by the lawyer

Defendant

A person in a trial who is accused of a crime or some wrongdoing

Due Process

All states must respect the legal rights owed to citizens of the US.

Grand Jury

A jury that investigates criminal complaints and decides whether someone should be formally charged with committing a crime

Jury

A group of people who have sworn to decide the facts in a court case and to reach a fair verdict, or decision

Plaintiff

A person who starts the action, files a complaint, or sues another person

Plea Bargain

A criminal court practice that allows someone charged with a crime to plead guilty to a lesser offense (so there will be no trial) or allows them to plead guilty to the original charge with the prosecutor promising to recommend a particular sentence

Plea

An answer to a charge or claim; guilty, not guilty, or no contest

Prosecutor

The government official who is authorized to accuse and prosecute (bring to trial) someone who is believed to have committed a crime... Prosecutors are known by various names in difference places, i.e. district attorney, state's attorney, and people's attorney.

Public defender

In criminal cases, a lawyer who is appointed and paid by the state or federal government to defend a person who has been accused of committing a crime and who is not able to afford a private attorney

Sentence

In criminal cases, the decision by a judge or jury as to what punishment is appropriate for a convicted defendant

Executive jurisdiction

A single court hears a case.

Concurrent jurisdiction

occurs when multiple courts have the authority to hear a single case. This can apply to both civil and criminal cases

Original jurisdiction

a court's power to hear and decide a case for the first time, before it is reviewed by an appeals court

Appellate jurisdiction

the power to reverse or modify the lower court's decision. exists for both civil law and criminal law

Constitutional courts

Courts established by the judiciary act of 1789; inferior courts; judges appointed by President and approved by the Senate serve lifetime terms.

Legislative courts

Established following judiciary act of 1789; judges appointed by the president have a limited, fixed term

District courts

cases that begin with federal questions/defenses; always granted original jurisdiction; can hear appeal cases if it is a constitutional question in state courts; 2 to 28 judges based on population; 94 District Court’s with more than 600 judges

Court of appeals

There are 12 of these courts, one for each circuit, with number 13 being for patents and contracts; never have original jurisdiction; no jury but a panel of judges

Judicial courts

The 12 geographical circuits

Criminal law

Cases that involve disputes of social conduct or crime that are considered life-threatening, harmful or that endanger the welfare of the people

Civil law

Cases that involve disputes between people over property or custody

Misdemeanor

A lesser crime that is punishable by fines, probation, or community service

Feloney

A serious crime that is punishable by imprisonment for greater than a year or death

Juvenile crimes

Legal violations committed by individuals under 18 years old

Property crime

A type of crime that includes burglary, theft, arson, vandalism, and more

Public order crimes

a type of crime that interferes with the operation of society or individual function

Violent crimes

A crime where an offender uses/threatens to use violent force

Capital punishment

The death sentence

Incarceration

Being sent to jail or prison

Probation

A period of supervision over an accused offender as opposed to serving time in jail or prison where they follow conditions set by the court

Fine

An offender pays money to the government

Community service

Serve the community or work for agencies as a substitute for incarceration or fines