Criminal Justice Chapter 5 Vocab

Concurring opinion

An additional written opinion in which a judge or judges agree with the decision reached by the court, but for reasons different from those used to support the majority opinion.

Trial Courts

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

Inquisitorial System

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

Stare decisis

A Latin term meaning "to stand by that which is decided" This term means that court precedent must be followed.

Appeals court

A court in which appeals from from trial-court decisions are heard.

Adversarial System

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

Error of law

A mistake made by a judge in legal procedures or rulings during a trial that may allow the case to appealed. Precedent: Court decision on a legal question that guides future cases with similar questions.

Plaintiff

In a civil case, the injured party who brings legal action against the alleged wrongdoer.

Plea Bargain

In a criminal case, the negotiations between the prosecutor, defendant, and defendant's attorney. In exchange for the defendant agreeing to plead guilty, the prosecutor agrees to charge the defendant with a less serious crime, which 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.

Petitions for certiorari

The formal application by a party to have a lower court decision reviewed by the U.S. Supreme court, which has the discretion to approve or deny any such application.

Prosecutor

The state or federal government's attorney in a criminal case.

Removal for cause

Part of the jury selection process. After voir dire, opposing attorneys may request the removal of any juror who does not appear capable of rendering a fair and impartial verdict.

Peremptory challenges

Part of the pretrial jury selection. Attorneys on opposing sides may dismiss a certain number of of possible jurors without giving any reason. There is one exception: peremptory challenges cannot be used to discriminate based on race.

Delegated powers

Powers granted to the tribal Councils by the Federal Government in certain areas. An example would be environmental regulations.

Voir Dire

From the French phrase meaning "to speak the truth." It is the screening process in which opposing lawyers question prospective jurors to ensure as favorable or as fair a jury as possible.

Parties

The people directly concerned with or taking part of in legal matter.

Defendant

The person against whom a claim is made. In a civil suit, the defendant is the person being sued; in a criminal case, the defendant is the person charged with committing a crime.

Probate

The process of proving to a court that a will is genuine; distributing property according to terms in a will.

Inherent powers

The remaining authority of the Native Americans living on reservations not possessed by the Federal Government.