Law Chapter 5-6

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Who are the parties to a Civil Trial?

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14 Terms

1

Who are the parties to a Civil Trial?

Plaintiff and Defendant

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2

Who are the parties to a Criminal Trial?

Prosecutor and Defendant

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3

What are other differences between Civil and Criminal Trials?

Civil: either the plaintiff or the defendant may request a jury trial

Criminal: the defendant decides whether there will be a jury

Civil: mostly result in out-of-court settlements or trials by a judge

Criminal: most cases are never brought to trial

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4

What is the best way to find a lawyer?

by recommendation of a person who was in a similar legal situation as you

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5

What is the difference between an adversarial and inquisitional system of justice?

Adversarial: contest between opposing sides or adversaries; matters are left to the competing parties with the decision being made by a judge/jury based on evidence

Inquisitional: the judge is active in questioning witnesses and controlling the court process, including the gathering and presenting of evidence; judges are allowed to take the lead role in trying to uncover the truth

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6

Flat Fee

The lawyer agrees to do the job for a specific price regardless of time and effort

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7

Hourly Fee

paid by the hour

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8

Contingency Fee

The client pays nothing unless he wins; the attorney gets a percentage of the damages or settlement

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9

Retainer Fee

a lawyer may require a down payment

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10

What is the difference between a question of fact and a question of law?

Fact: jury decides

Law: judge decides

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11

How are members of a jury selected?

  • a pool of potential jurors are selected

  • 12 are put into a courtroom and asked questions "voir dire” (Lawyers can try to remove a potential juror)

  • after going through the whole pool 12 jurors are selected with a few alternates

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12

Majority Opinion

states the decision of the court

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13

Concurring Opinion

judges who agree with the majority’s outcome but for reasons different from those used to support the majority opinion

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14

Dissenting Opinion

states the reasons for the disagreement

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