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.
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.
