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Adversary Process
American Court System with two opposing sides and a neutral judge
Trial Court
Process by which a verdict is reached
Appellate Court
Reviews lower courts decision
Petitioner
The one who files suit (the prosecutor in a criminal court)
Respondent
The one who is accused or answers the petition
Defendant
Accused
Tort
Civil wrong doing
Plaintiff
The one bringing suit in a civil case/court
Witness
A person giving sworn testimony
Preponderance of the Evidence
The standards of proof in a Civil Trial
Beyond a Reasonable Doubt
The standard of proof in a Criminal Court
Liable
Responsible
Parole
Supervised release from prison BEFORE sentence is completed
Restitution
Monetary payback for loss or injury
Allegation
An unproven statement
Indictment
The Grand Jury’s decision to proceed to trial with a capital case
Original Jurisdiction
Original= the first place a trial is heard. Jurisdiction= the court’s authority over the case
Assistant State Attorney
The prosecutor (charges the accused with a crime)
Assistant Public Defender
The defense attorney paid for by the state
Motions
Requests for the judge to make a decision
Depositional Hearing
Pretrial Questioning of an opposing witness (on the record)
Guilty
The judge or jury’s decision that the state has proven the case beyond a reasonable doubt. The Judge CAN overturn this
Not Guilty
The judge cannot overturn this verdict.
Hung Jury
A Jury’s inability to reach an unanimous opinion
Remand
A higher court such as the U.S Supreme court sending a case back to a lower court to re-try
Rehabilitation
Changes Behavior