Reel Legal Test 3

Start Studying!

Terms

undefined, object

copy deck

Latin term \"in another place.\" An excuse supplied by a person suspected of or charged with a crime, supposedly explaining why they couldn\'t be guilty. It may be posited by the accused, or they may produce a third person to supply one for them.: Alibi
A document used to submit a legal contention or argument to a court. Typically sets out the facts of the case and a party\'s legal arguments.: Brief
Statements or information obtained indirectly or not based on first-hand experience by a person. It can include, in part, inferences about an event that was not seen.: Circumstantial Evidence
In popular usage, refers to a crime in which the perpetrator commits a crime, especially assault or murder, against a spouse or other loved one because of sudden strong impulse such as a jealous rage or heartbreak rather than premeditated murder.: Crime of Passion
The taking and recording of the testimony of a party or witness under oath before a court reporter, in a place away from the courtroom, before trial. Part of pretrial discovery. The testimony will be prepared by a court reporter in a transcript that can: Deposition
Formal accusation of a felony, issued by a grand jury based upon a proposed charge, witnesses\' testimony and other evidence presented by the public prosecutor (DA). IT is the grand jury\'s determination that there is enough evidence that the defendant co: Indictment
Typically refers to a finding that a criminal defendant is not guilty of the charges, but may also refer to a finding that a civil defendant isn\'t liable for the accusations of the plaintiff, such as being found not negligent in a personal injury case.: Innocent
The term used to represent the highest judicial authority in Great Britain to implying the deriving of authority from the head of the nation itself.: King\'s Bench
The reason why a crime was committed or the cause that moves people to take a certain action.: Motive
Unlawful premeditated killing of a human being by a human being.: Murder
Defined in criminal law as an official act of forgiving a crime and the penalty associated with it.: Pardon
The release of a convicted criminal defendant after serving a portion of their sentence, upon a finding that the person is sufficiently rehabilitated and not a threat to society.: Parole
Institution and conduct of legal proceedings against a defendant for criminal behavior.: Prosecution
Monetary payment sometimes ordered to be made as part of a judgment in negligence and/or contracts cases to restore a loss. In criminal cases, it may be one or the penalties imposed and may require return of stolen goods to the victim or payment to the vi: Restitution
An order issued by a judge that authorizes police officers to conduct a search of a specific location. Describes the address to be searched, identifies the persons and any articles intended to be seized.: Search Warrant
A person who testifies under oath in a trial or a deposition in the lawsuit.: Witness
In England and other Commonwealth jurisdictions, a legal distinction is made between them. A solicitor has exclusive privileges of giving oral or written legal advice. A barrister has exclusive privileges of preparing and conducting litigation in the cour: Solicitor v Barrister
A court having jurisdiction to hear appeals and review a trial court\'s procedure.: Appellate Court
Legal document that usually begins a civil lawsuit. It states the facts and identifies the action the court is asked to take.: Complaint
. A fee arrangement in which the lawyer is paid out of any damages that are awarded. Typically, the lawyer gets between one-fourth and one-third of the amount awarded to the plaintiff. If no damages are awarded, there normally is no fee.: Contingency Fee
A sum of money paid in compensation for loss or injury. Money awarded by a court to a person injured by another person.: Damages
Laws seeking to prevent discrimination based on race, sex, religion, national origin, physical disability, and age by employers. There is also a growing body of law preventing or occasionally justifying employment discrimination based on sexual orientati: Employment Discrimination
A witness with a specialized knowledge of a subject who is allowed to discuss an event in court even though he or she was not present at the event.: Expert Witness
A physical or mental disability. The primary law dealing with discrimination based on this is the Americans with Disabilities Act (ADA) of 1990 and other related anti discrimination laws.: Handicap
A fee paid for legal service.: Legal Fee
Failure to use care which a reasonable and prudent person would use under similar circumstances.: Negligence
A person, usually with special training but who has not earned a law degree, who works under the supervision of a lawyer. Also called a legal assistant.: Paralegal
A person who brings a lawsuit or action; the party who complains or sues in a civil action.: Plaintiff
Deferring to a prior reported opinion of an appeals court which forms the basis in the future on the same legal question decided in the prior judgment. The requirements that a lower court must follow this is called \"stare decisis\". An established rule o: Precedent
Court proceeding by which a will is proved valid or invalid. Term used to mean all proceedings pertaining to the administration of estates.: Probate
Shows all the changes made document as opposed to a clean copy which is normally the final draft with all the changes incorporated.: Red Line Copy
Sections 501 and 505 prohibit discrimination against qualified individuals with disabilities who work in the Federal government.: Rehabilitation Act of 1973
A court order signed by the Judge restricting or prohibiting one from being in contact or close proximity to another or a court order, whereby a party is required to do, or to refrain from doing, certain acts.: Restraining Order
Claims that have some justification behind them. A moral right is a morally justified claim. A legal right is a legally justified claim. When we use the term without specifying the nature of the justification, we usually mean moral rights. This term speci: Rights
When parties to a lawsuit resolve their difference without having a trial and approved by the court so that it can be enforced as a judgment if the terms of it are not complied with.: Settlement
Statute which limits the rights of a plaintiff to file an action unless it is done within a specified time period after the occurrence which gives rise to the right to sue.: Statute of Limitations
Damages awarded to compensate a plaintiff\'s actual losses (lost profits) arising from the wrongful actions of the defendant.: Actual Damages
A judge\'s order to law enforcement officers to arrest and bring to jail a person charged with a crime.: Arrest Warrant
Legal system that allows an accused person to be temporarily released from custody.: Bail
Collectively all attorneys, which comes from the bar or railing which separates the general spectator area of the courtroom from the area reserved for judges, attorneys, parties and court officials.: Bar
Non-criminal cases in which one private individual or business sues another to protect, enforce, or redress private or civil rights.: Civil Actions
An assertion of a right to money or property made by the injured party that is suing.: Claim
A postponement of a trial or hearing to a later date that can be granted only by the court.: Continuance
A legally enforceable agreement between two or more competent parties made either orally or in writing.: Contract
Opportunity for attorney to ask questions in court of a witness who has testified in a trial for the opposing party. Questions are limited to the subjects covered in the direct of the witness. AND: This usually occurs as soon as a witness completes initia: Cross Examination
The person defending or denying a suit.: Defendant
A compulsory pretrial disclosure of documents relevant to a case; enables one side in a litigation to elicit information from the other side concerning the facts in the case.: Discovery
The termination of a lawsuit by a court\'s finding that it should not be permitted to proceed.: Dismissal
Consists of personal property, real property, and intangible property, such as stock certificates and bank accounts, owned in the individual name of a person at the time of the person\'s death.: Estate
A generic word for the act of expelling someone from real property by legal action.: Eviction
Law of evidence that governs the use of testimony and exhibits or other documentary material which is admissible in a judicial or administrative proceeding that is sued to determine or demonstrate the truth of an assertion.: Evidence
To deposit with the clerk of the court a written complaint or petition which is the opening step in a lawsuit and subsequent documents, including an answer, demurrer, motions, petitions and orders.: File
That which, under the rules of evidence, cannot be admitted or received by a court as evidence.: Inadmissible
Contract in which the insurer agrees for a fee to pay the insured party all or a portion of health care costs or any loss suffered by accident or death.: Insurance Policy
Evidence not sufficiently related to the matter in issue.: Irrelevant
Decision of a court.: Judgment
The entire subject of law, the study of law and legal questions.: Jurisprudence
Crime of attempting to influence a jury through any means other than presenting evidence and argument in court, including conversations about the case outside the court, offering bribes, making threats or asking acquaintances to intercede with a juror.: Jury Tampering
Legal proceeding filed with the court.: Lawsuit
Question asked of a witness by an attorney during trial or deposition, suggesting an answer or putting words in the mouth of the witness. Thus, the attorney may help his own witness to tell a pre-planned story. Allowed during cross.: Leading a Witness
Official authorization to do something that the person would not be entitled to do without this. Means \"permission\" in Latin.: License
Case, controversy, or lawsuit.: Litigation
Request made to a court or judge which seeks a ruling or order in favor of the applicant.: Motion
Civil case, request to a judge by the defendant, asserting that even if all the allegations are true, the plaintiff is not entitled to any legal relief and thus the case should be dismissed.: Motion to Dismiss
Legal procedure protesting an inappropriate question asked of a witness by the opposing attorney, intended to make the trial judge decide if the question can be asked. Must have a proper basis, based on one of the specific reasons for not allowing a quest: Objection
Persons who are actively involved with the prosecution or defense of a legal proceeding. Plaintiffs and defendants are parties to lawsuits, appellants and appellees are parties in appeals.: Parties
Payment for insurance coverage either in a lump sum or by installments.: Premium
Damages awarded in a lawsuit as a punishment and example to others for malicious, evil, or particularly fraudulent acts.: Punitive Damages
Act of operating an illegal business for personal profit.: Racketeering
Trial process by which the party who offered the witness has a chance to explain or otherwise qualify any damaging or accusing testimony brought out by the opponent during cross-examination.: Redirect
To use a document, exhibit or previous testimony in order to help a witness recall an event or prior statement when the witness has responded to a question that he/she could not remember. To attempt to \"refresh\" the memory of a forgetful or reluctant wi: Refreshing Recollection
Discussion by the judge and the attorneys at trial that takes place at the judge\'s desk, but not intended for the jurors or others in the courtroom to hear.: Sidebar
Order compelling a person to appear to testify or produce documents.: Subpoena
Final argument of an attorney at the close of a trial in which he/she attempts to convince the judge and/or jury of the virtues of the client\'s case.: Summation
A judge\'s ruling that an attorney\'s objection is proper.: Sustained
Intentional and fraudulent attempt to escape payment of taxes in whole or in part. If proved to be intentional and not just an error or difference of opinion, this can be a chargeable federal crime.: Tax Evasion
The directions, in written legal form, for the distribution of one\'s property after death.: Will
The formal decision of the jury in a jury trial (or finding of guilt or innocence), or of the judge in a bench trial.: Verdict
Statement made in a legal proceeding or an administrative or legislative hearing by a witness. Falsifying this is guilty by perjury. One type of evidence, distinguished from writings, videotapes, and other forms of evidence.: Testimony
A verdict in a criminal trial in which the defendant is found not guilty of the charge.: Acquittal
Asserted to be true or to exist or accused but not proven or convicted.: Allegedly
In criminal law, the crime of more than merely preparing to commit murder and at the same time having a specific intention to kill.: Attempted Murder
Officer of the court who waits upon the court and jury and maintains order in the court.: Bailiff
The passage of an exhibit, from where it was located up until the time it is produced in court as evidence. The chain of custody proves that an exhibit is, in fact, what it is alleged to be.: Chain of Evidence
Statement made by the accused admitting guilt. Confessions which have been made freely and voluntarily may be allowed in court as evidence.: Confession
Outcome of a trial in which a criminal defendant is found guilty. Defendant in a criminal trial may be convicted by a judge or jury if the prosecutor proves their case beyond a reasonable doubt. In a jury trial, the number of jurors required to convict va: Conviction
Direction of a court or judge made or entered in writing, and not included in a judgment, which determines some point or directs some step in the proceedings.: Court Order
An elected or appointed public official of a county or designated district whose duties are governed by state law.: District Attorney (DA)
Common law and constitutional prohibition (5th Amendment) against more than one prosecution for the same crime.: Double Jeopardy
Driving under the influence of alcohol or drugs. A crime that can result in fines, suspension or revocation of driver\'s license, or jail time.: DUI
A state in which the improper, threatening or coercive actions of another place a person in a disadvantage psychological position. A person is not bound by a contract she enters while under this.: Duress
(The Exclusionary Rule) Doctrine that says evidence obtained in violation of a criminal defendant\'s constitutional or statutory rights is not admissible at trial.: Fruit of the Poisonous Tree
Formal systematic questioning employed during the interview of a person.: Interrogation
A person who provides guidance and recommendations to a more junior person for courses of action and behavior.: Mentor
Statement made by the defendant either as to his guilt or innocence to the charge made against him.: Plea
In felony cases, an evidentiary hearing at which the state must prove to the judge that there is enough evidence to believe the defendant committed a felony. \"arraignment\": Preliminary Hearing
A private detective: someone who can be employed as a detective to collect information.: Private Investigator
Officers of the county that supervise individuals who are on probation.: Probation Officer
Latin term meaning \"on one\'s own behalf,\" referring to people who represent themselves.: Pro Per
Government official who conducts criminal prosecutions on behalf of the state.: Prosecutor
Status held by a person or group which allows the person or group to challenge or appeal a particular decision.: Standing
To give a guarantee or promise make an oral contract or agreement in the verbal form of question and answer that is necessary to give it legal force.: Stipulate
To forbid the use of evidence at a trial because it is improper or was improperly obtained.: Suppress
To voluntarily give up a right or a claim.: Waiving Your Rights
A list shared with both parties in a lawsuit of the people who are available to testify under oath as to what she or he has seen, heard or otherwise observed.: Witness List

Start Studying!

Deck Info

Number of cards 105

Created By jberb