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Ch. 3
Introduction to Law_5th Edition_J.B.Hames_Yvonne Ekern
Term | Definition |
---|---|
ORIGINAL JURISDICTION | The power to first hear a case; court of original jurisdiction is where trial takes place. |
TRIAL | The open-court process where all parties present evidence, question witnesses, and generally put their case before the court. |
TRIER OF FACT | In a trial, the one who determines the true facts; either a juryor, if the case is tried without a jury, the judge. |
"en bunc" | A term that describes the entire panel of judges on a court hearing a case. |
APPELLATE JURISDICTION | The power of a court to review what happened in a lower court. |
RECORD | Documentation of the proceedings at trial used for an appeal. |
APPELLATE BRIEF | A written document containing factual and legal contentions; prepared by attorneys dealing with an appeal in a case. |
JURY INSTRUCTIONS | The directions read to the jury by the judge; they simplify the law applicable to the case. |
AFFIRM | To uphold; used in connection with an appeal to uphold the lower courts decision. |
REVERSE | To change. |
REMAND | To send back. |
PETITION FOR WRIT OF CERTIORARI | A document filed with the Supreme Court requesting a hearing. |
MAGISTRATE | A judicial officer; federal magistrates are appointed by judges of federal district courts ; magistrates have some of the powers of a judge. |
COURT CLERK | A court employee who assists the court and the judge by filing documents, marking and safeguarding evidence, reviewing documents that are submitted to the judge, and performing other similar tasks. |
COURT REPORTER | A person who records (electronically) the testimony that takes place during the open court proceedings; the court reporter will produce a transcript. |
BAILIFF | An individual who is responsible for the safety of the judge and for order within the courtroom; sometimes known as a court deputy or court attendant. |
LAWYER | An individual who is authorized by a state to practice law. |
ATTORNEY | Another term for lawyer. |
BAR EXAMINATION | An examination administered by a state that tests an individual's knowledge of the law and is a prerequisite to being allowed to practice law. |
PARALEGAL | An individual whose training and education enables him or her to assist lawyers by performing certain legal tasks that traditionally have been done by lawyers. |
LEGAL ASSISTANT | Another term for paralegal. |
LAW CLERK | A term used to refer to a law student interning or working in a law firm while attending school. |
LEGAL MEMORANDUM | An informal interoffice document written to communicate the results of legal research and the resulting legal analysis. |
ADMINISTRATIVE HEARING | A hearing before an administrative agency regarding a dispute between an individual and the agency. |
JUDICIAL CONFERENCE OF THE UNITED STATES | The principal policy-making body concerned with the administration of the U.S. Courts. |
CANONS OF ETHICS | Standards of responsible and professional conduct. |
FIDUCIARY RELATIONSHIP | A special relationship of trust and confidence; it forms the basis of the attorney-client relationship. |
DISBARMENT | The action of denying an attorney the right to practice law in a state. |
TRUST ACCOUNT | A special bank account maintained by an attorney into which funds belonging to clients are kept. |
ESCROW ACCOUNT | A type of trust account in which funds are held until some condition occurs. |
COMMINGLING | Mixing client funds with the attorney's business or personal funds. |
FEDERAL JURISDICTION | The power of the federal courts to hear a case. |
DIVERSITY OF CITIZENSHIP | A basis for federal court jurisdiction where the plaintiff and defendant are residents of different states and the amount in controversy exceeds $75,000. |