Steps in a Trial Process

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19 Terms

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  • Jury -


  • The trier of fact; group of citizens who listen to evidence and determine what happened in a case


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  • Judge -


  • Presides over the trial, makes legal rulings, and ensures proper procedure


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  • Prosecutor -


  • The attorney who represents the government in a criminal case


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  • Plaintiff -


  • The party who brings a lawsuit in a civil case (the person suing)


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  • Defendant -


  • The person being sued in a civil case or accused of a crime in a criminal case


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Legal Processes: Discovery

  • Discovery - The process of sharing information between parties before trial begins; allows each side to learn about the other's evidence and witnesses


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Legal processes: Negotiation

  • Negotiation - One way to settle a dispute without going to trial; parties discuss and try to reach an agreement


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Legal processes: Trial

  • Trial - The formal legal proceeding where evidence is presented and a decision is made


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Legal processes: Adversary process

  • Adversary Process - The legal system where opposing sides present their cases before an impartial judge or jury


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Types of evidence & testimony: Evidence

  • Evidence - Facts, documents, testimony, or physical objects that each party presents to prove their case


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Types of evidence & testimony: Affidavit

  • Affidavit - A written statement made by a witness under oath


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Types of evidence & testimony: Direct examination

  • Direct Examination - When an attorney questions their own witness


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Types of evidence & testimony: Cross examination

  • Cross-Examination - When an attorney questions the opposing side's witness


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Legal standards & defenses: Preponderance of evidence

  • Preponderance of the Evidence - The burden of proof in a civil case; means "more likely than not" (51% certainty)


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Legal standards & defenses: Beyond a reasonable doubt

  • Beyond a Reasonable Doubt - The burden of proof in criminal cases (much higher standard than civil cases)


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Legal standards & defenses: Alibi

  • Alibi - A type of defense in a criminal case where the defendant claims they were somewhere else when the crime occurred


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Legal standards & defenses: Closing arguments

  • Closing Arguments - The final step in a trial before the judge's or jury's decision; each side summarizes their case


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Case types: Civil case

  • Civil Case - A legal dispute between private parties (individuals, businesses, organizations) usually involving money or property


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Case types: criminal

  • Criminal Case - A case where the government prosecutes someone accused of breaking the law