justice and law chapter 4+5 test

Negotiation

Process by which people involved in a dispute discuss their problem and try to reach a solution acceptable to all.

Settlement

When the attorneys file a case in court and then attempt to work out an agreement before the case goes to trial

Arbitration

When both parties to a dispute agree to have one or more people listen to their arguments and make a decision for them.

Both parties must follow the arbitrator’s final decision (except in nonbinding arbitration)

Meditation

Takes place when a third person helps disputing partiestalk about their problem and settle their differences

Unlike arbitration, mediators can’t impose a decision on the parties. The agreement is a result of the parties’ willingness to listen carefullyy to each other and come up with a  reasonable settlement to the problem.

Ombudspersons

People who have the power to investigate complaints and then help the parties reach an agreement

Trial courts

Listens to testimony, considers evidence, decides the fact in disputd situations. 

Parties

The two sides to each case

Plaintiff

The party bringing the legal action in a civil trial

Prosecutor

In a criminal trial, the state/federal government initiates the case and serves as the prosecutor.

Defendant

In both civil and criminal trials, the party responding to the plaintiff (civil) or prosecution (criminal) is called the defendant

Adversarial system

The trial system used in the United States

A contest between the opposing sides/adversaries. The theory is that the trier of fact (judge/jury) will be able to determine the truth if the opposing parties present their best arguments and show the weaknesses in the other side’s case

Inquisitional system

Used in some European countries

The judge is active in questioning witnesses and controlling the court process, including the gathering and presenting of evidence.

Plea bargain

Pretrial agreement between prosecutor and defedent and his/her lawyer, disposes of the case without a trial

Voir Dire

Examination process where opposing lawyers question each juror to find prejudices relating to the case

Removal for cause

After questioning each juror, opposing attorneys may request the removal of any juror who appears incapable of rendering a fair and impartial verdict.

Peremptory challenges

Each attorney is allowed a limited number of peremptory challenges

The attorneys can have prospective jurors removing without a cause

Error of law

Occurs when the judge makes a mistake as to the law applicable in the case

Precedent

When an appeal court decides a case, it issues a written opinion or ruling. This opinion sets a precedent for similar cases to follow in the future. 

All lower courts in the area where the decision was made must follow the precedent set in the opinion

Dissenting Opinion

Judges who disagree with majority opinion can issue a separate document

Concurring opinion

Judges who agree with the majority outcome, but for different reasons may write a concurring opinion

Probate courts

Handle case involving wills/claims against estates of a person who die with/without a will

How many court cases are sent to the Supreme Court per year, and what is the percent/amount of cases heard by the Supreme Court each year?

Each year more than 8,000 cases are appealed to the Court

Around 80 cases, or 1% of cases are heard each year.

Petitions for certiorari

A request of a lower court to send up the records

Stare decisis

All lower courts in the US must follow legal precedent established by the Supreme Court.

The rule that precdent must be followed

Latin for “to stand by that which is decided”