procedural law exam 2
1. Adversarial system: A legal system where two opposing sides present their case before a neutral judge or jury.
2. Appointment: The act of officially assigning someone to a position or role. In law, this often refers to appointing a judge or lawyer.
3. Assigned counsel: A lawyer appointed by the court to represent someone who cannot afford one.
4. Assistant prosecuting attorneys: Lawyers who help the main prosecutor in a criminal case.
5. Attorney general: The chief legal officer of a state or country.
6. Bailiff: A court officer who keeps order in the courtroom.
7. Bench trial: A trial without a jury, where the judge decides the outcome.
8. Challenge for cause: A request to remove a potential juror because of a specific reason that suggests bias.
9. Charging decision: The prosecutor's decision to file criminal charges against someone.
10. Community prosecution: A strategy where prosecutors work with community groups to address crime problems.
11. Contract attorney: A lawyer hired by the court or government on a contract basis.
12. Court administrator: A person who manages the administrative functions of a court.
13. Court-appointed counsel: Similar to assigned counsel; a lawyer the court assigns to a defendant.
14. Court clerk: A court employee who maintains court records.
15. Court reporter: A person who records court proceedings.
16. Defense attorney: The lawyer who represents the defendant in a criminal case.
17. Discretion: The power of a judge or prosecutor to make decisions based on their judgment.
18. District attorney: A prosecutor who represents the state or government in criminal cases within a specific district.
19. Due process: The legal requirement that the government must follow fair procedures when dealing with individuals.
20. Election: The process of selecting judges or other officials through voting.
21. Expert witness: A person with specialized knowledge who testifies in court.
22. Fixed-fee-per-case contract: A contract where a lawyer agrees to represent a client for a set fee per case.
23. Fixed-price contract: A contract where a lawyer agrees to provide legal services for a fixed price.
24. Gideon v. Wainwright (1963): A landmark Supreme Court case that established the right to legal counsel for indigent defendants in felony cases.
25. Going rate: The typical or average fee charged by lawyers for a particular type of legal service.
26. Horizontal model of prosecution: A system where different prosecutors handle different stages of a case.
27. Impeachment: The process of formally accusing a public official of misconduct.
28. Impeachment evidence: Evidence used to support an impeachment case.
29. Judge: A public official who presides over court proceedings.
30. Judicial selection methods: The different ways judges are chosen (election, appointment, merit system).
31. Jurors: Members of a jury who decide the facts in a trial.
32. Jury panel: The group of potential jurors from which a jury is selected.
33. Jury pool: The larger group of people from which the jury panel is chosen.
34. Jury selection: The process of choosing jurors for a trial.
35. Lay witness: A person who testifies in court about what they have seen or heard.
36. Mediation: A method of resolving disputes outside of court, with the help of a neutral third party.
37. Merit system (Missouri plan): A method of selecting judges based on merit, often involving a nominating commission and gubernatorial appointment.
Sure, I'd be happy to help define each law term in simple form:
1. Merit System (Missouri Plan): A way to select judges where a non-partisan commission reviews candidates and the governor appoints one, who later stands for election to keep the position.
2. Peremptory Challenge: A lawyer's right to reject a potential juror without giving a reason.
3. Public Defender: A lawyer provided by the government to defend people who cannot afford to hire one.
4. Retained Attorneys: Lawyers hired and paid for by people who need legal representation.
5. United States Attorney: A lawyer who represents the federal government in court cases.
6. Mixed Model: A system that combines different methods of prosecution, like both public defenders and private attorneys.
7. Vertical Mode: A method where a single prosecutor handles a case from start to finish.
8. Voir Dire: The process of questioning potential jurors to determine if they are suitable for a trial.
9. Plea Bargaining: An agreement where the defendant pleads guilty to a lesser charge to avoid a trial and possibly receive a lighter sentence.
10. Count Reduction: Reducing the number of charges against a defendant as part of a plea deal.
11. Charge Reduction: Lowering the severity of charges against a defendant in exchange for a guilty plea.
12. Concurrent Sentences: When a person serves multiple sentences at the same time.
13. Consecutive Sentences: When a person serves one sentence after another is completed.
14. Nolle Prosequi: A decision by a prosecutor to drop charges against a defendant.
15. Nolo Contendere: A plea where the defendant does not admit guilt but also does not contest the charges.
16. Preliminary Hearing: A hearing to decide if there is enough evidence to require a trial.
17. Arraignment: A court proceeding where the defendant is formally charged and enters a plea.
18. Bail: Money or property given to the court to ensure a defendant returns for trial.
19. Ror (Release on Recognizance): Releasing a defendant without bail based on their promise to return for trial.
20. Preventive Detention: Holding a defendant in jail before trial because they are considered a danger to the community or a flight risk.
21. Indictment: A formal charge issued by a grand jury stating there is enough evidence for a trial.
22. Information: A formal charge issued by a prosecutor without a grand jury.
23. Grand Jury: A group of citizens who decide if there is enough evidence to charge someone with a crime.
24. Pretrial Motions: Legal requests made before a trial begins, such as to exclude evidence.
25. Discovery: The process where both sides exchange evidence and information before trial.
26. Exculpatory Evidence: Evidence that might show the defendant is not guilty.
27. Motion to Suppress: A request to exclude certain evidence from being used in court.
28. Motion to Dismiss: A request to dismiss charges or the case entirely.
29. Motion for a Change of Venue: A request to move the trial to a different location.
30. Motion for Continuance: A request to delay the trial to a later date.