Street Law Chapter 5

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 governments attorney in a criminal case

Defendant

The person against whom a claim is made. In a civil suit, the defendant is the person being sued; in a criminal case, the defendant is the person charged with committing the crime

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 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

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

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 challenges

part of the pretrial jury selection. Attorneys on opposing sides may dismiss a certain number of possible jurors without giving any reason. There is one exception: peremptory challenges cannot be used to discriminate based on 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

dissenting opinion

In an appeal, the written opinion of the minority of judges who disagree with the decision of 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 a will

due process

The idea stated in the Fifth and fourteenth amendments that every person is entitled to fair treatment by the government. The requirements of due process vary with the situation, but they require, at minimum, notice and an opportunity to be heard

petition for certiorari

Certiorari is a Latin word meaning "to be informed of." It is 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 any such application.

stare decisis

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