Unit 1 Key Terms (Second Half)

1.     negotiation (p. 41) – the process of discussing an issue to reach a settlement or agreement.

2.     settlement (p. 41) – a mutual agreement between two sides in a civil lawsuit, made either before the case goes to trial or before a final judgment is entered, that settles or ends the dispute.

3.     arbitration (p. 43) – a way of settling a dispute without going to trial.

4.     mediation (p. 43) – the act or process of resolving a dispute between two or more parties.

5.     ombudspersons (p. 44) – a person who has the power to investigate reported complaints and help achieve fair settlements.

6.     trial courts (p. 46) – courts that listen to testimony, consider evidence, and decide the facts in a disputed situation.

7.     parties (p. 46) – the people directly concerned with or taking part in any legal matter.

8.     plaintiff (p. 46) – in a civil case, the injured party who brings legal action against the alleged wrongdoer.

9.     prosecutor (p. 46) – the state or federal government’s attorney in a criminal case.

10. defendant (p. 46) – the person against whom a claim is made.

11. adversarial system (p. 47) – the judicial system used in the United States.

12. inquisitional system (p. 47) – a European method for handling disputes in which the judge plays an active role in gathering and presenting evidence and questioning witnesses.

13. plea bargain (p. 48) – in a criminal case, the negotiations between the prosecutor, defendant, and defendant’s attorney.

14. voir dire (p. 50) – it is the screening process in which opposing lawyers questions prospective jurors to ensure as favorable or as fair a jury as possible.

15. removal for cause (p. 50) – part of the jury selection process. Oppolsing attorneys may request removal of any juror who does not appear capable of rendering a fair and impartial verdict.

16. peremptory challenges (p. 50) – part of the pretrial jury selection. Attorneys on opposing sides may dismiss a certain number of possible jurors without giving reason (unless based on race, then they are not allowed to do that)

17. appeals court (p. 51) – a court in which appeals from trial-court decisions are heard.

18. error of law (p. 51) – a mistake made by a judge in legal procedures or rulings during a trial that may allow the case to be appealed.

19. precedent (p. 51) – court decision on a legal question that guides future cases with similar questions.

20. dissenting opinion (p. 51) – in a trial or appeal, the written opinion of the minority of judges who disagree with the decision of the majority.

21. concurring opinion (p. 51) – an additional written court opinion in which a judge or judges agrees with the decision reached by the court, but for reasons different from those used to support the majority opinion.

22. probate (p. 53) – the process of proving to a court that a will is genuine.

23. inherent powers (p. 57) – the powers that Congress is assumed to have because they result logically from the powers expressly listed in the U.S. Constitution.

24. delegated powers (p. 56) – the powers specifically granted to Congress by Article I, Section 8, of the Constitution; they include the power to tax, regulate commerce, and declare war.

25. petitions for certiorari (p. 59) – 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.

26. stare decisis (p. 60) – the rule stating that precedent must be followed, providing the legal system with predictability and stability.

27. litigators (p. 63) – a trial attorney; a barrister.

28. bar associations (p. 64) – an organization that licenses lawyers.

29. retainer (p. 68) – a down payment by which a client hires an attorney to act in his or her behalf.

30. contingency fee (p. 68) – the fee paid to an attorney based on a percentage of the sum the client is awarded or settles for in a lawsuit.

31. privilege (p. 69) – the right and duty to withhold information from others because of some special status or relationship of confidentiality.

32. disbarred (p. 71) – to take away an attorney’s license to practice law because of illegal or unethical conduct.

33. legal malpractice (p. 71) – the type of lawsuit brought against a lawyer for loss or injury to his or her client caused by the lawyer’s error or failure to meet acceptable standards or practice for the legal profession.