Chapter 5 - The Court System

inquisitional system

a European method for handling disputes in which the judge plays an active role in gathering and presenting evidence and questioning witnesses

appeals court

a court in which appeals from Trial Court decisions are heard

small claims court

a court that handles civil claims for small amounts of money; people usually represent themselves in this type of court rather than hire an attorney

allegation

a criminal accusation that has not been proven

verdict

a jury's decision on a trial case

error of law

a mistake made by a judge in legal procedures or rulings during a trial that may allow the case to be appealed

rehabilitative alimony

after a divorce, money awarded to a spouse for the purpose of regaining or developing job skills

concurring opinion

an additional written 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

closing statement

at the end of a trial, the comments a lawyer makes to summarize the evidence presented

opening statement

at the start of a trial, one side's explanation of what it expects to prove and how it intends to prove it

petition for certiorari

certiorari is Latin for " to be informed of," formal application by a party to have a lower-court decision reviewed by the U.S Supreme Court, which can approve or deny any such application

precedent

court decision on a legal question that guides future cases with similar questions

trial courts

courts that listen to testimony, consider evidence, and decide the facts in a disputed situation

plea bargaining

in a criminal case, negotiations between the prosecutor, defendant, and defendant's attorney; in exchange for agreeing to plead guilty, the prosecutor agrees to charge the defendant with a less serious crime, which usually results in a lesser punishment

dissenting opinion

in a trial or appeal, the written opinion of the minority of judges who disagree with the decision of the majority

peremptory challenge

part of pretrial jury selection process; attorney's on opposing sides may dismiss a certain number of possible jurors without giving any reason; one exception: peremptory challenges cannot be used to discriminate based on race

removal for cause

part of the jury selection process; after voir dire. opposing attorney's may request removal of any juror who does not appear capable of rendering a fair and impartial verdict

adversarial system

the judicial system used in the United States; it allows opposing parties to present their legal conflicts before an impartial judge and jury

parties

the people directly concerned with or taking part in any legal matter

defendant

the person against whom a claim is made; in a civil suit the defendant is the party being sued; in a criminal case the defendant is the party accused of committing a crime

delegated powers

the powers specifically granted to Congress by Article 1, Section 8, of the Constitution; also called Enumerated/Expressed Powers; include power to tax, regulate commerce, and declare war

inherent powers

the powers that Congress is assumed to have because they result logically from the powers expressly listed in the Constitution; derived from the "Necessary & Proper Clause"; also called Implied Powers

rebuttal argument

the presentation of facts to a court, demonstrating that the testimony of a witness or evidence presented by the opposing party was not true

probate

the process of providing to a court that a will is genuine; distributing property according to the terms of a will

direct examination

the questioning of a witness by the side calling the witness to the stand

cross examination

the questioning of the opposing sides's witnesses during a hearing or trial

stare decisis

the rule stating that precedent must be followed, providing the legal system with predictability and stability

prosecution

the side bringing a criminal case against another party

hung jury

the situation in which a jury cannot reach a unanimous decision

prosecutor

the state or federal government's attorney in a criminal case

bench trial

trial that takes place before a judge without a jury

voir dire

French phrase - to speak the truth; screening process in which opposing lawyers question prospective jurors to ensure as favorable or as fair a jury as possible