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Trial Court

  • Litigation: The process of taking legal action or resolving disputes in court, including all proceedings before, during, and after the trial.

  • Bench Trial vs. Jury Trial:

    • Bench Trial: A trial where the judge acts as the sole trier of fact and decides the case without a jury.

    • Jury Trial: A trial where a jury is selected to determine the facts and deliver a verdict, while the judge oversees the proceedings and ensures the law is followed.

  • Parties/Litigants: The individuals or entities involved in a lawsuit. This includes:

    • Plaintiff: The person or entity bringing a civil lawsuit.

    • Defendant: The person or entity being sued or accused.

    • Prosecutor: A government attorney who initiates and conducts criminal cases against a defendant on behalf of the state.

  • Bar Association: A professional organization for lawyers that oversees legal practice standards, provides resources, and may handle attorney discipline.

Lawyer Fees and Ethics

  • Contingency Fee: A payment arrangement where a lawyer is paid a percentage of the amount recovered only if the client wins the case.

  • Retainer: An upfront fee paid to a lawyer to secure their services, often held in trust and used to cover future legal expenses.

  • Attorney-Client Privilege: A legal principle that protects communications between a client and their lawyer from being disclosed without the client's permission.

Courtroom Roles

  • Judge: The official who presides over the court, ensuring fair proceedings, interpreting the law, and, in a bench trial, deciding the outcome.

  • Bailiff: A court officer responsible for maintaining order, providing security, and assisting the judge.

  • Court Clerk: An official who manages court records, files legal documents, and administers oaths to witnesses.

  • Witness: A person who provides testimony about what they have seen, heard, or experienced relevant to the case.

Documents and Evidence

  • Subpoena: A legal document requiring a person to appear in court or produce evidence.

  • Affidavit: A written statement sworn to be true under oath, used as evidence in court.

  • Perjury: The crime of lying under oath during a legal proceeding.

Trial Procedures

  • Stipulated Facts: Facts agreed upon by both parties in a trial, eliminating the need for evidence or testimony on those points.

  • Burden of Proof: The obligation to prove the allegations or claims made in a case. In criminal cases, the prosecution must prove guilt "beyond a reasonable doubt"; in civil cases, the plaintiff must prove claims by a "preponderance of the evidence."

  • Contempt of Court: Actions that disrespect the court or disrupt proceedings, which can result in fines or imprisonment.

  • Voir Dire: The process of questioning potential jurors to determine their suitability to serve on the jury.

  • Removal/Challenge for Cause: The dismissal of a potential juror for a specific reason, such as bias or conflict of interest.

  • Peremptory Challenge: The removal of a potential juror without providing a reason, though there are legal limits to prevent discrimination.

Deliberation and Decision

  • Deliberation: The jury's process of discussing the evidence and arguments to reach a verdict.

  • Trier of Fact: The entity responsible for determining the facts in a case, either the judge (in a bench trial) or the jury (in a jury trial).

  • Evidence: Information, documents, or physical objects presented in court to support or refute allegations.

  • Testimony: Statements made by witnesses under oath.

Courtroom Actions

  • Objection: A formal protest made by an attorney during a trial, challenging the admissibility or relevance of evidence or testimony.

  • Sustain: When a judge agrees with an objection, preventing the question or evidence from being admitted.

  • Overrule: When a judge disagrees with an objection, allowing the question or evidence to proceed.

  • Mistrial: A trial that is invalid due to a significant error or misconduct, requiring a new trial to be held.

Outcomes

  • Verdict: The decision made by the jury or judge regarding the outcome of the case.

  • Plea Bargain: An agreement in a criminal case where the defendant pleads guilty to a lesser charge or receives a reduced sentence in exchange for avoiding trial.

  • Acquittal: A judgment that the defendant is not guilty of the charges brought against them.

Appeal and Related Concepts

  • Appeal: A request made to a higher court to review the decision of a lower court, typically to determine if legal errors were made during the trial that affected the outcome.

  • Error of Law: A mistake made by a judge in applying or interpreting the law during a trial, which can serve as grounds for an appeal.


Parties in Appellate Cases

  • Petitioner: The party who initiates an appeal, asking a higher court to review the lower court's decision. In some cases, this party is also called the appellant.

  • Respondent: The party opposing the appeal, defending the lower court's decision. This party is sometimes called the appellee.


Court Decisions

  • Precedent: A legal principle or rule established in a previous case that courts are generally bound to follow when deciding similar cases.

  • Concurring Opinion: A written opinion by a judge or justice who agrees with the majority decision but provides additional or different reasoning for their agreement.

  • Dissenting Opinion: A written opinion by a judge or justice who disagrees with the majority decision, explaining their reasoning and why they believe the decision is incorrect.


Briefs and Petitions

  • Amicus Brief: A legal document submitted by a non-party (an "amicus curiae" or "friend of the court") to provide additional information, arguments, or expertise to help the court make its decision.

  • Petition for Writ of Certiorari: A formal request for the Supreme Court or another higher appellate court to review a lower court's decision. The court may grant or deny the petition at its discretion.

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