Law Unit 2

Negotiation

2 sides agree to a set of ground rules (maybe legal)

Mediation

where a neutral third party helps disputing parties communicate, explore options, and reach a mutually acceptable agreement (legal)

Informal Talks

a voluntary, conversational, and solution-focused method of conflict resolution that addresses issues directly between involved parties or with a neutral facilitator before escalating to formal grievances or legal action.

Arbitration

a private, out-of-court method of alternative dispute resolution where a neutral third party reviews evidence, hears arguments, and makes a final, legally binding decision

Trial Court

is a legal body that hears cases for the first time and has original jurisdiction, this is where a lawsuit, criminal charge, or civil dispute starts

Adversarial system

a legal method where two opposing sides present their arguments and evidence before a neutral arbiter such as a judge or jury who decides the outcome. Judge serves as a referee but does not question witnesses

Inquisitorial System

a legal framework in which the court or an investigative official directs the investigation, gathers evidence, and leads the inquiry to discover the truth, rather than acting as a passive referee.

Plea Bargain

legal agreement in criminal law where a defendant pleads guilty or no contest to a charge in exchange for a concession from the prosecutor

Voir Dire

(meaning, to speak the truth)in which a judge questions prospective jurors to determine if they are fair, unbiased, and qualified to serve on a trial, or question witnesses and experts to test their competence or evidence.

Removal for cause

Juror removed for legally justified reason—such as dishonesty, neglect of duty, or proven bias—rather than for arbitrary or political reasons

Peremptory Challenges

a legal right during jury selection that allows a plaintiff's or defendant's attorney to reject a prospective juror without giving a reason or needing to prove the juror is biased.

Appellate/appeals court

occurs in the event that the loser in a trial court appeals the decision to a higher court and is heard

Error of law

mistake made by the lower court; not a retrial of the lower court case

precedent

appellate court decisions establish new law for future cases

Majority opinion

winning opinion

Dissenting opinion

losing opinion

Concurring opinion

We agree w/ the majority but for different reasons

Petition for Certiorari

request for an appeals case to be heard (granted or denied)

Stare decisis

the rule that states precedent must be followed

Tribal Courts

are independent judicial systems established and operated by Native American tribes to govern themselves and resolve legal disputes within their jurisdictions.

International Court of Justice

the principal judicial organ of the United Nations (UN)

International Criminal Court

a permanent, independent international tribunal established to prosecute individuals for the gravest crimes under international law