Adversarial System

a legal system in which the plaintiff and defendant oppose one another in
front of a neutral party – the judge or the jury
Affirm
the Court of Appeals or Supreme Court upholds the decision of the lower
court so the outcome stands and nothing is changed
Answer
the defendant’s response to the complaint in a civil case
Appeal
a request by the losing party in a lawsuit for a higher court to review the
decision of the lower court
Appellate
the party who files an appeal
Appellate Jurisdiction
the power of a court to review a case after a lower court has already decided
that same case
Appellee
the party defending against an appeal
Arraignment
a court proceeding in which the accused party pleads either guilty or not
guilty; may be in front of a magistrate judge or a district judge in the federal
court system
Arrest Warrant
a written order from the court authorizing law enforcement to arrest the
individual named on the warrant
Bail
an amount of money that is paid to the court by the defendant in order for
the defendant to be released from jail until the trial; also called bond. This
money is an assurance by the defendant that he or she will come back to
court for trial and to fulfill other conditions ordered by the court.
Bankruptcy
legal process by which persons or businesses that cannot pay their debts can
seek the assistance of the court in getting a fresh start
Bench Trial
a case which is not heard by a jury but rather by a judge alone; in the federal
system parties are given the option of consenting to a bench trial
Beyond a Reasonable Doubt
this is the burden of proof on the government in a criminal case; the jury
must believe that the defendant is guilty “beyond a reasonable doubt,”
meaning that no reasonable person could doubt that the defendant
committed the crime
Brief
a written summary, memorandum, or argument submitted to the court,
usually by one of the parties in a lawsuit; in the case of an appeal, it explains
why the party believes the trial court erred
Burden of Proof
in a legal case, it is the obligation of one party to offer sufficient evidence in
their support; failure to meet this standard will result in a loss of the case
By a Preponderance of the Evidence (By the Greater Weight of the Evidence)
the burden of proof on the plaintiff in a civil case; the jury must believe it is
more likely than not that the defendant is liable for the damages done to the
plaintiff
Capital Case
a criminal case that involves the death penalty as punishment
Case Management Order
a judge-issued document that sets all dates and deadlines for the case: for
example, when parties must turn in briefs and when the trial will occur
Case-in-Chief
the portion of the trial in which the party with the burden of proof presents
its evidence to the jury, or to the judge in the case of a bench trial
Civil Case
a lawsuit in which a party (person, business, group, or government) sues
another party for causing a harm; the first party can seek money to recoup
its injury or ask the court to order the other party to do something (or stop
doing something)
Civil Judgment
final statement of the outcome of a civil case; will include the decision of the
jury or judge; may include an amount of monetary damages due to the
plaintiff if the case was resolved in their favor
Clerk
a member of the court personnel who ensures everything is in place in the
courtroom and that the trial flows smoothly; attends to the jury, organizes
forms and documents, etc.
Closing Argument
final in-court trial proceedings in which each attorney summarizes the case
for the jury and draws attention to facts that support a decision in their favor
Complaint
a written statement by the plaintiff in a civil case that clearly states the
wrongs allegedly committed by the defendant
ourt Interpreter
used to interpret languages in the courtroom when a significant party
(witness, defendant, plaintiff, etc.) does not speak English
Court Reporter
a transcriber who keeps a specific record of everything said in the courtroom
during trial; also known as a “stenographer”
Criminal Case
a case in which a defendant is accused of breaking a law, gets arrested, and
is prosecuted by the government
Cross Examination
during testimony, the attorney for the opposing party is allowed to question
each witness following their direct examination
Default Judgment
a decision in favor of the plaintiff because of the defendant’s failure to
respond to the complaint
Defendant
the party being accused of committing a crime in a criminal case, or the
party being sued for allegedly causing a harm in a civil case
Defense Attorney
an attorney who represents the defendant in a case
Deliberate
verb – to deliberate; the jury’s private discussion of the case during which
they come to a decision
Depositions
oral statements (often made by witnesses in the case) made under oath,
before authorized legal personnel before trial; the information is used for
discovery and, often, for trial; usually takes the form of a interview between
a lawyer who asks questions and a witness who answers them
Detention Hearing
a court proceeding in which the judge decides whether the defendant must
be kept in custody before trial, or released on bond until trial
Direct Examination
the initial questioning of the witness by the attorney for the party who asked
them to testify; the first round of questioning for each witness
Disclosure
the requirement that both parties reveal to one another certain information
they’ve collected about the case
Discovery
the process before trial in which attorneys learn about the opponent’s case,
evidence, and documents in preparation for trial
Due Process
the principle that the government must respect a person’s constitutional
rights before it deprives that person of life, liberty, or property
Evidence
documents or testimony presented during trial in order to persuade the jury
to decide the case in favor of one side or another
Exclusionary Rule
the legal rule that excludes the admission of certain evidence into trial;
usually, the evidence was collected from an illegal search
Executive Branch
the branch of government that is headed by an elected president; its main
function is to enforce the laws of the nation
Expert Witness Testimony
testimony of a qualified professional who can help the judge and jury
understand the specialized details of the case
Eyewitness Testimony
testimony of someone who observed the actual occurrence of the alleged
crime
Federal Public Defender
an attorney in each federal judicial district, appointed by the court of appeals
of the circuit in which the district is located, to represent individuals who are
prosecuted in the federal courts who are unable to pay for an attorney; there
are also usually several assistant federal public defenders in each district
Felony
a serious crime which carries a possible jail term of more than one year
Filibuster
the stall or delay of a vote in either house of the legislature
Foreperson
a jury-selected spokesperson who will serve as their organizer and leader
General Jurisdiction
the power of state courts to hear all cases not specifically selected for
federal courts
Grand Jury
a large jury (usually 23 citizens) that determines if there is enough evidence
to charge a defendant with a crime
Guilty Plea
a defendant’s admission that the accusations are true
Hearsay
evidence presented by a witness who did not hear nor see the event in
question, but heard about it from someone else; hearsay is usually not
allowed
Hostile Witness
a witness who has things to say that are helpful to one of the parties, but
who doesn’t want to say them; for example, when the plaintiff calls the
defendant onto the stand as a witness, the defendant is referred to as a
“hostile witness”
Indict
to bring a formal accusation against someone, as a means of bringing that
person to trial
Initial appearance
the defendant’s first appearance in court in which charges are officially
brought against the individual
Irrelevancy
witness testimony that is unrelated to the issue in question; irrelevant
evidence is not allowed
Judge
an officer of the judicial branch of government; the job of judge is to decide
and rule on issues of law (and sometimes issues of fact) during the course of
a lawsuit
Judicial Branch
the branch of government that is made up of the system of courts that
interpret and apply the law
Judicial Code of Conduct
a set of ethical principles that all judges agree to abide by when they take
office
Jurisdiction
the power of a court to hear and decide a case
Jury Instructions
procedural rules for deliberation given to the jury by the judge; also called
the Charge to the Jury
Jury
average citizens who are called upon to hear the evidence presented by both
sides at trial and render a decision on the case; sometimes called the “finder
of fact” in the court of law
Landmark Case
a court case of particular public interest that is studied because of its
historical and legal significance; a case that set a particular precedent to be
followed
Law
rules that give direction to all people living in a community; they exist at the
federal, state, and local levels
Legislative Branch
the branch of government that is made up of the two houses of Congress in
the United States; responsible for making the laws for the nation
Limited Government
the principle that the power of the government is restrained by the
Constitution; a system of government in which the government is given only
the powers specifically listed in written documents
Limited Jurisdiction
a check on the power of the federal courts in which they can only hear
certain kinds of cases
Misdemeanor
a minor crime punishable by a fine or prison sentence of less than one year
Motion in Limine
a motion asking the judge to exclude specific evidence from being used by
the opposing party at trial
Motion to Compel
a motion asking the judge to force the opposing party to share certain
evidence
Not Guilty Plea
a defendant’s rejection of the criminal accusations
Oath
refers to the affirmation of truth that a witness swears by before offering
testimony
Objection
a party’s formal opposition to the way a question is asked or the content of
an answer when the lawyer’s questioning of a witness in a trial or hearing is
not following the rules of evidence
Opening Statements
these oral statements begin the trial; attorneys give the jury an overview of
the case they intend to present
Opinion
a written statement explaining the legal reasoning for a judge’s decision; in
an appealed case before a panel of judges, the opinion of the court reflects
the majority decision of the judges
Oral Argument
in some appellate cases, each party presents their arguments aloud to a
panel of appellate judges
Original Jurisdiction
the power of a court to hear a case first, before any other court hears the
case
Overruled
if an objection is overruled by the judge, the attorney can continue with the
question, and the witness must answer
Parole
a practice eliminated at the federal level by the Sentencing Reform Act of
1984; the practice still exists in some state systems; the process of granting
early release of a prisoner before the term of the sentence is served in full
Peremptory Strike
during the voir dire process, removal of a juror for no stated reason; there
are only a limited number of peremptory strikes allowed for each party
Perjury
willfully providing false testimony (lying) under oath
Petit Jurors
average citizens who are called upon to hear the evidence presented by both
sides at trial and render a decision on the case
Physical Evidence
physical objects and documents used to prove or disprove issues; e.g., DNA,
fingerprints, photographs, etc.
Plaintiff
the person or party who files the complaint in a civil case; in a criminal case,
the plaintiff is the government
Plea Agreement or Bargain
a legal situation in a criminal case in which the prosecutor and defendant
make a deal; usually the defendant pleads guilty to a charge in return for
some concession from the prosecutor, such as the prosecutor’s
recommendation of a shorter sentence
Precedent
a legal decision that establishes a principle or rule, which will be followed in
all similar cases in the future
Pretrial Motions
motions or arguments made to the judge before the case even begins,
seeking rulings from the judge on certain issues
Pretrial
actions that occur before the start of trial; most legal work occurs during this
stage of the legal process
Privacy
government non-interference in your daily life
Pro Bono
Latin for “for the public good”; legal work or legal resources that are
provided by an attorney at little or no cost
Pro Se
Latin for “on one’s own behalf”; a defendant who represents oneself in a
case, without a lawyer
Ratify
the process by which something is officially approved
Recuse
a judge’s own withdrawal from a case due to potential bias or potential
perception of bias
Re-direct Examination
the final questioning of a witness during which the party who first questioned
the witness has an opportunity to address any issues mentioned in the
opposing attorney’s cross examination
Remand
the Court of Appeals or the Supreme Court sends the case back to the lower
court for some further action or a new trial
Removed For Cause
during the voir dire process, grounds for juror removal because something in
their past experiences may not allow them to be impartial during the trial
Rest
verb – to rest, to rest your case; a party rests when there is no more
evidence to be presented in the case
Retention
under the Missouri Non-Partisan Court Plan, a popular vote on whether or not
to retain or remove a judge from the court
Reverse
the Court of Appeals or the Supreme Court overturns the decision of the
lower court, granting the appellant’s petition
Right to Counsel
a 6 Amendment right stating that people have the right to an attorney in
th

most criminal cases

Rule of Four
a guiding principle that the Supreme Court justices use to decide whether or
not to hear a certain case; if four of the nine justices agree that the case has
value, they will take on the case
Rules of Evidence
the federal set of rules that govern civil and criminal proceedings; ensure
that all evidence considered in the resolution of the case is collected and
presented in a fair and truthful manner
Ruling
the decision of the judge
Search Warrant
a court-issued authorization that specifically states the location, person, and
purpose of the government’s search
Sentence
court-ordered punishment for a convicted criminal defendant
Serve
in a civil case, the plaintiff’s official delivery of the complaint to the
defendant in person or electronically
Settlement
in a civil case, the agreement between two parties that resolves their dispute
without ever having a trial
Sustained
if an objection is sustained by the judge, the attorney must stop that line of
questioning and move on to the next question
Verdict
the decision of a jury, or of a judge in the case of a bench trial
Witness
someone who has personal knowledge of a situation that may be helpful to
the jury in deciding the case
Witness Testimony
testimony of a person who has personal knowledge of relevant information