Chapter 5: The Court System Vocabulary

Vocabulary terms and definitions from Chapter 5 on the legal court system.

Trial Courts

Courts that listen to testimony, consider evidence, and decide the facts in a disputed situation.

Parties

The people directly concerned with or taking part in any legal matter.

Plaintiff

In a civil case, the injured party who brings legal action against the alleged wrongdoer.

Prosecutor

The state or federal government's attorney in a criminal case.

Defendant

The person against whom a claim is made.

Adversarial System

The judicial system used in the United States. It allows opposing parties to present their legal conflicts before an impartial judge and jury.

Inquisitional System

A European method for handling disputes in which the judge plays an active role in gathering and presenting evidence and questioning witnesses.

Plea Bargain

In a criminal case, the negotiations between the prosecutor, defendant, and the defendant's attorney. In exchange for the defendant agreeing to plead guilty, the prosecutor agrees to charge the defendant with a less serious crime, which usually results in a lesser punishment.

Voir Dire

Screening process in which opposing lawyers question prospective jurors to ensure as favorable or as fair a jury as possible. From the French phrase meaning "to speak the truth."

Removal for Cause

Part of the jury selection process. After voir dire, opposing attorneys may request removal of any juror who does not appear capable of rendering a fair and impartial verdict.

Peremptory Challenge

Part of the pretrial jury selection. Attorneys on opposing sides may dismiss a certain number of possible jurors without giving any reason, with the exception that they cannot be used to discriminate on the basis of race.

Appeals Court

A court in which appeals from trial-court decisions are heard.

Error of Law

A mistake made by a judge in legal procedures or rulings during a trial that may allow the case to be appealed.

Precedent

An appellate court decision on a legal question that guides future cases presenting a similar legal question.

Majority Opinion

In an appeal, the written opinion of the majority of judges announcing the ruling and the legal reasoning behind the ruling. Can be unanimous or made up of a majority of judges.

Dissenting Opinion

In an appeal, the written opinion of the minority of judges who disagree with the decision or the majority.

Concurring Opinion

An additional written court opinion in which a judge or judges agree with the outcome reached by the court, but for reasons different from those used to support the majority opinion.

Probate

The process of proving to a court that a will is genuine; distributing property according to the terms of the will.

Due Process

The idea stated in the 5th and 14th Amendments that every person is entitled to fair treatment by the government.

Petition of Certiorari

A formal application by a party to have a lower-court decision reviewed by the U.S. Supreme Court, which has discretion to approve or deny such application. Certiorari is the Latin word meaning "to be informed of."

Stare Decisis

The rule stating that precedent must be followed, providing the legal system with predictability and stability.