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BL1.2B Trials2
BusLaw 1 Trial Procedures
Term | Definition |
---|---|
complaint | Formal papers filed with the court by the plaintiff that express the plaintiff's allegations, or claims. The first part of pleadings. |
answer | The defendant's response to the allegations filed by the plaintiff in the complaint. The second part of pleadings. |
verdict | The decision made by members of a jury after they deliberate. |
judgement | The court's determination or decision in a case. |
specific performance | A judgement in a civil trial in which the defendant is asked to comply with the terms he or she promised in a contract with the plaintiff. |
injunction | Order a plaintiff seeks to prevent the defendant from taking action, or to stop an action that has already begun. |
arrest | Action when a person is deprived of his or her freedom by a police officer. |
bail | Money or other property that is left with the court to assure that a person who has been arrested, but released, will return to trial. |
indictment | A written accusation to charge an individual that is issued after the grand jury hears evidence and testimony of witnesses. This issuance does not mean that the person is guilty, but that there is enough evidence to show that they might be. |
arraignment | Procedure in which the accused is brought to court, is read the indictment containing information regarding the crime, and is asked to plead guilty or not guilty. If the person pleads guilty, the judge may impose sentencing. |
detention hearing | Hearing in which a judge learns whether there are good reasons to keep the accused in custody. |
2 remedies for civil cases | (1) Fines, (2) Equitable Remedy [includes specific performance & injunction) |
3 sentences for criminal cases | (1) Fines, (2) Imprisonment, (3) Death Penalty |
3 types of Evidence | (1) Documentary, (2) Physical, (3) Witnesses |
2 types of Witnesses | (1) Expert Witness, (2) Lay Witness (aka eye-witness) |