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25 Terms

1

Opening Statements

A preview provided by lawyers to the jury about what they anticipate the evidence will be, without arguing about the evidence.

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2

Jury Selection

The process of eliminating potential jurors to find those who will serve in a trial.

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3

Direct Examination

Questioning of a witness by the party who called the witness to testify.

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4

Cross Examination

Questioning of a witness by the opposing party to challenge their testimony.

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5

Redirect Examination

Questioning of a witness by the original party after cross examination, focusing on clarifying points made during cross examination.

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6

Evidence Presentation

The phase of a trial during which both parties present their evidence through witness testimony and exhibits.

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7

Motion for Directed Verdict

A request made by a party for the judge to rule, before a case goes to the jury, that the other party has not proven their case.

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8

Affirmative Defense

A defense raised in a responsive pleadings that, if proven, negates liability even if the claims against the defendant are true.

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9

Rebuttal

The evidence presented by a party to counter or disprove evidence presented by the opposing party.

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10

Hearsay

An out-of-court statement offered to prove the truth of the matter asserted, generally inadmissible as evidence.

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11

Relevance

The quality of being closely connected or appropriate to the matter at hand, a key criterion for the admissibility of evidence.

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12

Discovery

The pre-trial phase in a lawsuit during which parties exchange information and gather evidence for trial.

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13

Judgment Notwithstanding the Verdict (JNOV)

A motion to reverse the jury's verdict on the grounds that the jury could not have reasonably reached that verdict based on the evidence presented.

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14

Verdict

The formal decision made by a jury on the matters or questions presented to them in a trial.

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15

Judicial Resources

The time and money spent by the court, judges, and jury during legal proceedings.

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16

Negligence

Failure to take proper care in doing something, leading to damage or injury to another.

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17

Prejudicial Evidence

Evidence that is too inflammatory or biased, which may unfairly sway the jury's decision.

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18

ADR (Alternative Dispute Resolution)

Methods used to resolve disputes outside of litigation, such as negotiation, mediation, and arbitration.

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19

Mediation

A form of ADR where a neutral third party helps the disputing parties reach a mutually satisfactory solution.

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20

Arbitration

A method of resolving disputes outside of court, where a neutral third party makes binding decisions.

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21

Execution of Judgment

The process of enforcing a court's judgment, often involving the seizure of property or garnishment of wages.

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22

Preponderance of the Evidence

The standard of proof in most civil cases, meaning that the evidence shows that something is more likely true than not.

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23

Trial Court

The court in which a case is originally tried.

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24

Appellate Court

A court that reviews the decisions of lower trial courts to ensure the law was applied correctly.

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25

Jury Instructions

Guidelines given by the judge to the jury about the legal standards they should apply when deliberating.

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