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Chapter 5 231583
The Court System
| Term | Definition |
|---|---|
| Trial Courts | Courts that listen to testimony, consider evidence, and beside the facts in a disputed situation. |
| Parties | The people directly concerned with or taking part in any legal matter |
| Plaintiff | Any civil case, the injured party brings legal action against the alleged wrongdoer. |
| Prosecutor | The state or federal government's attorney in a criminal case. |
| Defendant | The person against him a claim is made. A civil suit, the defendant is the person being sued; in a criminal case, the defendant is the person charged with committing a crime. |
| 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. |
| Inquisitional System | A European method for handling disputes in which the judge plays an active role in gathering and presenting evidence and questioning witnesses. |
| 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. |
| Removal for Cause | Part of the jury selection process. After void dire, opposing attorneys may request 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 possible jurors without giving any reason. There is one exception: peremptory challenges cannot be used to discriminate based on race. |
| Appeals Court | The court in which appeals from trial-court decisions are heard. |
| 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. |
| Precedent | Court decision on a legal question that guides future cases with similar questions. |
| Dissenting Opinion | In a trial or appeal, the written opinion of the minority judges who disagree with the decision of the majority. |
| Concurring Opinion | An additional written court opinion in which a judge or judges agrees with the decision reached by the court, the for reasons different from those used to support the majority opinion. |
| Inherent Powers | The powers that Congress is assumed to have because they result logically from the powers expressively listed in the US Constitution. These powers are derived from the "necessary and proper clause" of the Constitution, implied powers |
| Delegated Powers | Powers specifically granted to Congress by Article I, Section 8, of the Constitution; enumerated or expressed powers. Included powers to tax, regulate commerce, and declare war. |
| Petitions for Certiorari | A Latin word meaning "to be informed of." formal application of a party to have a lower court decision reviewed by the Supreme Court, which has discretion to approve or deny this request. |
| Due Process of Law | Every person involved in a legal dispute has the right to a trial. Requirements vary but normally require notice and an opportunity to be heard. |
Created by:
rebecca_merritt
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