Untitled Flashcards Set

Prosecution - The group bringing evidence against the defendant

Plaintiff- The party bringing the lawsuit to court 

Judge - a public official appointed to decide cases in a court of law.

Jury - the right to be judged by a group of one’s peers. A jury is selected from a master list which is supposed to give a representation of a cross-section of one’s community.

Bailiff - responsible for the security in the courtroom and for the safety of all participants, maintains order in the courtroom, and removes disruptive persons from the court.

Beyond a Reasonable Doubt - The legal principle that the evidence presented in a trial must allow for no other reasonable explanation than the one given; the phrase “guilty beyond a reasonable doubt” is part of the instruction given by a judge to a jury in a criminal case

Defendant - the person or party in a criminal trial who is charged with committing a crime, or the person or party being sued in a civil case

Burden of Proof - the obligation in a legal case to prove allegations by presenting strong supporting evidence; in a criminal case this burden rests on the prosecution and in a civil case it rests on the plaintiff

Original Jurisdiction - a court’s authority to hear a case for the first time, before it appears in any other court

Appellate Jurisdiction -a court’s authority to review decisions made in lower courts

Geographical Jurisdiction - Courts are not authorized to hear cases outside of their jurisdiction specific geographic areas that are governed by a particular legal authority or jurisdiction

Limited Jurisdiction - the right of certain courts to hear only specialized kinds of cases, such as traffic violations or bankruptcy issues

General Jurisdiction -the authority of a court to hear cases on a variety of subjects

Writ of Certiorari - an order from the Supreme Court to a lower court to provide the records of a case the Court has decided to review

Term of Office for the Supreme court (know the Constitution’s wording “In good behavior”)

Legal Brief - a written document drawn up by an attorney that presents the facts and points of law in a client’s case

Stare Decisis - a legal doctrine that obligates courts to follow historical cases when making a ruling on a similar case. 

Amicus Curiae - a legal document submitted to a court by a group not party to a particular case but wishing to influence the court’s decision in that case; amicus curiae means “friend of the court”

Judicial Activism - The use of Judicial review to overturn “bad precedents” and promote socially desirable goals.  The Judiciary should be able to overturn laws to defend the rights of citizens.

Judicial Restraint - the principle that judicial review should be used sparingly, especially in dealing with controversial issues

Bench Trial - a court case in which a judge, not a jury, decides the outcome

Jury Trial - trials that allow juries to make findings of fact and render a verdict for the trial.

Dissenting Opinion - an opinion written by an appellate judge or Supreme Court Justice who disagrees with the majority opinion in a given case

Misdemeanor -a minor crime, typically punishable by a fine or no more than one year in prison

Felony - a serious crime that is usually punishable by more than one year in prison

Capital Crime - a felony punishable by death

Arrest Warrant - a document issued by a judge that authorizes the arrest of a suspect in a crime

Search Warrant - A legal document created by law enforcement that states probable cause exists to search a person or place.  The warrant must be signed by a judge to be valid.

Miranda Warnings - the list of rights that must be read to a criminal suspect at the time of his or her arrest

Due Process - The concept that the government cannot act unfairly, arbitrarily, or unreasonably in its treatment of criminal suspects

Plea Bargain - an agreement whereby a defendant pleads guilty in return for a lesser charge or reduced sentence

Circumstantial Evidence - information about a crime that can be inferred from other facts

Direct Evidence - information about a crime provided by a witness who saw the crime, or by a video or audio recording of the crime

Arraignment - the stage in the criminal process when a person accused of a crime is informed of the charges and allowed to enter a plea of “guilty” or “not guilty”

Grand Jury - a group of citizens who examine the evidence in a serious criminal case to decide whether a person accused of a crime should be indicted, or charged

Indictment - a formal accusation of criminal behavior handed down by a grand jury; this means that the accused person will be brought to trial

Acquittal - a trial verdict of “not guilty”

Hung Jury - a jury that is deadlocked and cannot agree on a verdict

Sentencing - the stage of a trial when the judge announces the punishment for a crime

Parole - an early release from prison based on good behavior

Incarceration - imprisonment in a jail, prison, or other correctional facility as punishment for a crime

Know a Check an Balance and why they are important 

Deterrence - the prevention of something, especially war or crime, by having something such as weapons or punishment to use as a threat.

Incapacitation - the physical and/or mental inability to make informed, rational judgments and decisions. Someone is incapacitated if they are asleep or unconscious. Someone can also be incapacitated by alcohol or other substances.

Rehabilitation - the action of restoring someone to health or normal life through training and therapy after