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Conduct in violation of the criminal laws of a state, the federal government, or a jurisdiction, for which there is no legally acceptable justification or excuse. |
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| A dispute between a state or the United States, on the one hand, and the accused, on the other. |
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The required facts of a crime, such as intent, to be proven in the course of a prosecution. |
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| Laws passed by Congress and by the state legislature, define most crimes today. An act of a legislature that declares, proscribes, or commands something; a specific law, expressed in writing. |
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| Declares what conduct is criminal and prescribes the punishment for that conduct. The elements of a murder is an example of Substantive Criminal Law. |
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Describes the steps that a criminal proceeding must follow, from investigation through punishment, to satisfy due process. |
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The constitutional requirement of fairness. |
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| The prosecutor chose to prosecute the person for who he/she is, rather than for what they did. |
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| Applies when a Law Enforcement Officer encourages a person to commit a crime and thereby influences one who would otherwise have obeyed the law, to break it. |
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| Miranda rights are specific rights that any person who is taken into police custody is entitled to. Law enforcement officers are required to inform a suspect in custody of their Miranda rights. Miranda warnings are often given verbally upon arrest and on paper before a written confession is taken. They are included in the 5th and 6th Amendments and they advise a defendant that: 1) they have the right to remain silent; 2) any statements that they make may be used as evidence against them; 3) they have the right to an attorney; and 4) if they cannot afford an attorney, one will be appointed for them prior to any questioning, if they so desire. |
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Prohibits the use in court evidence that the police obtain by illegal means. |
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ADVERSARY (ACCUSATORIAL) SYSTEM
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The adversary system makes every criminal trial both a competition and a search for truth. The philosophy of the adversary system holds that the truth is most likely to emerge when the state and the defendant argue their respective causes aggressively, within the bounds of the law and professional ethics, before an impartial jury. |
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| This system assigns the primary responsibility for the discovery of relevant evidence in civil cases to judges instead of to the parties. Judges gather evidence by conducting investigations and questioning witnesses. |
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After a Grand Jury considers the evidence of a potential case, the grand jury votes: if a majority votes to indict it issues a true bill, which becomes the basis for prosecution in a trial court. If the majority votes not to indict, it issues no bill, which prevents the case from moving further. |
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| A group of citizens usually selected from automobile and voters registration lists; in New Hampshire it can have from 12 to 24 members, although it can have as few as five in some states. |
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Indeterminate sentencing sets sentences based on characteristics of the crime and the offender and it reduces prison time as a reward for positive behavior in prison. |
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| Establishes a particular punishment for a particular crime. For example everyone convicted of first degree burglary would receive the same sentence. |
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A claim by a lawyer that a prospective juror cannot be impartial for a particular reason, such as service on a grand jury that investigated that same crime. It is a means of removing persons whose biases or likely biases are open and obvious. *Lawyers can make an unlimited number of challenges for cause in both state and federal courts. |
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| A peremptory challenge requires no reason for removing a potential juror. A lawyer may use it to remove a person who exhibits no obvious bias, but whose background or appearance suggests that the person could be hostile to that lawyer’s case, so long as the lawyer does not use it to exclude members of a particular race from a jury. A lawyer is a limit to how many peremptory challenges a lawyer can make (usually three). |
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Occurs when a lawyer questions a witness whom the lawyer has called to testify. |
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Occurs when a lawyer questions a witness whom opposing council has called to testify. |
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A witness whose education and experience qualified him/her to express their professional opinion in court about technical matters relevant to the case. |
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PREPONDERANCE OF EVIDENCE |
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Preponderance in general terms means to be superior in number or weight. Preponderance as used in evidence law means having the greater weight of the evidence required in a civil lawsuit needed to convince the jury or judge without a jury to decide one's favor. Preponderance of the evidence is the level of proof required in a civil case, as opposed to the stricter "beyond a reasonable doubt," standard of proof required to convict in a criminal trial. |
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| Questioning/selection of prospective jurors. Questioning may be by counsel or judge. The principle device that the court and lawyers use to ensure that a jury will be impartial. The preliminary examination of prospective jurors to determine their qualifications and suitability to serve on a jury, in order to ensure the selection of fair and impartial jury. |
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| The ordinary trial jury of twelve persons whose duty it is to find facts as opposed to the grand jury whose duty it is to return an indictment. A group of citizens who hear the evidence presented by both sides at trial and determine the facts in dispute. Federal criminal juries consist of 12 persons. Federal civil juries consist of six persons. |
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A group of people summoned for jury service from whom a jury will be chosen. |
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| A decision by a grand jury that the prosecutor has presented sufficient evidence of criminal behavior to justify taking a case to trial. |
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A verdict entered by the court in a jury trial without consideration by the jury; "there cannot be a directed verdict of guilty in a criminal trial". Jefferson asked the judge for a directed verdict because the state had not introduced sufficient evidence to justify a jury verdict against him. *Defense attorneys routinely move for directed verdicts (also known as judgments’ of acquittal) when all the evidence has been presented. |
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A practice whereby the jurors are asked individually whether they assented, and still assent, to the verdict; it consists of calling the name of each juror and requiring a declaration of his or her verdict before it is recorded. |
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| Personal Injury Litigation. A tort is an act that injures someone in some way, and for which the injured person may sue the wrongdoer for damages. Legally, torts are called civil wrongs, as opposed to criminal ones. |
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| Filed by the plaintiff to commence the lawsuit. A civil complaint initiates a civil lawsuit by setting forth for the court a claim for relief from damages caused, or wrongful conduct engaged in, by the defendant. The complaint outlines all of the plaintiff's theories of relief, or causes of action (e.g., Negligence, Battery, assault), and the facts supporting each Cause of Action. The complaint also serves as notice to the defendant that legal action is underway. The Federal Rules of Civil Procedure govern construction of complaints filed in federal courts. |
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A service of process establishes a court’s personal jurisdiction over the defendant because it notifies the defendant about the lawsuit and directs the defendant to appear in court and to defend the suit or risk a default, which would mean an automatic victory for the plantiff. |
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| A defendant’s reply to each statement of fact and each allegation included in a complaint. It identifies for the parties and for the judge the issues that are in dispute in a case. |
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Written questions submitted to a party from his or her adversary to ascertain answers that are prepared in writing and signed under oath and that have relevance to the issues in a lawsuit.
Interrogatories are a discovery device used by a party, usually a defendant, to enable the individual to learn the facts that are the basis for, or support, a Pleading with which he or she has been served by the opposing party. They are used primarily to determine what issues are present in a case and how to frame a responsive pleading or a deposition. Only parties to an action must respond to interrogatories, unlike depositions that question both parties and witnesses. |
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| The testimony of a party or witness in a civil or criminal proceeding taken before trial, usually in an attorney's office. Deposition testimony is taken orally, with an attorney asking questions and the deponent (the individual being questioned) answering while a court reporter or tape recorder (or sometimes both) records the testimony. Deposition testimony is generally taken under oath, and the court reporter and the deponent often sign affidavits attesting to the accuracy of the subsequent printed transcript. Depositions are a discovery tool. |
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| Mediation features an impartial mediator who tries to assist the parties to reach an agreement that will resolve their case. Both sides state their positions, which the mediator helps them to clarify; then, with the mediator’s help, they try to identify alternative solutions and to reach agreement on one of the alternatives. Only the parties can resolve the case, the mediator cannot impose a solution. |
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| An arbitrator, in contrast, hears opening and closing statements by both parties and the testimony of witnesses, reads the documents the parties submit, and then renders a decision. The decision may or may not obligate the parties, depending on whether they chose binding or non binding arbitration beforehand. |
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CONTINGENT FEE ARRANGEMENT
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| They typically provide that the plantiff’s lawyer will pay the expenses of the lawsuit from discovery through trial, if necessary. When the case is resolved, the lawyer will receive one-third of any amount that the plaintiff receives from a settlement or a verdict plus reimbursement for expenses. |
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| Requires the loser in a civil case to pay the winner’s litigation expenses. |
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ADR (ALTERNATIVE DISPUTE RESOLUTION) |
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| Procedures for settling disputes by means other than litigation; e.g., by Arbitration, mediation, or minitrials. Such procedures, which are usually less costly and more expeditious than litigation, are increasingly being used in commercial and labor disputes, Divorce actions, in resolving motor vehicle and Medical Malpractice tort claims, and in other disputes that would likely otherwise involve court litigation. |
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| Failure to take reasonable precautions to prevent accidents.The failure to use reasonable care. The doing of something which a reasonably prudent person would not do, or the failure to do something which a reasonably prudent person would do under like circumstances. |
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| Designed to cover medical expenses, lost wages, etc. Amount of money adequate to compensate for any actual damages caused by the party against whom they awarded. Also awarded for things that are harder to measure, such as pain and suffering. |
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Designed to change the defendant’s behavior. Intended to punish the party who must pay damages. |
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| A factual dispute between litigants that must be resolved by the jury at trial. It is an issue that is material to the outcome of the case and requires an interpretation of conflicting views on the factual circumstances surrounding the case. A question of fact requires an interpretation of circumstances surrounding the case at hand. Resolving questions of fact is the chief function of the jury. |
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An issue that is within the province of the judge, as opposed to the jury, because it involves the application or interpretation of legal principles or statutes. A question of law involves the interpretation of principles that are potentially applicable to other cases. Resolving questions of law is a chief function of the judge. |
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| The written transcript of the trial and motions and memoranda of law that the parties submitted during trial. |
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Federal Appellate Judges work in panels of three, and they must work together for years despite differences in temperament and philosophy. Supreme Court Justices also work in panels. A group of judges of a lesser number than the entire court convened to decide a case, such as when a nine-member appellate court divides into three, three-member groups, and each group hears and decides cases. |
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Institutional norms reduce the influence of policy preferences and produce consensus, or narrow dissents, based on alternative views of the facts or precedents, in most cases. |
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| Being tried twice for the same crime, contained in the 6th amendment of the federal constitution. |
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Affects the outcome of the case and warrants a reversal by an appellate court of a trial court’s decision. |
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ex. Misspelling of the defendant’s name on an indictment., which does not require the reversal of a conviction because it does not influence the verdict. |
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| The degree of scrutiny that an appellate court should use in evaluating a trial court decision; appellate judges care about standards of review and reject arguments that ignore them or misapply them. |
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| Appellate courts prefer gradual change to dramatic change. The principle or policy of achieving some goal by gradual steps rather than by drastic change. |
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Involves disputes between or among parties over virtually any matter that is not governed by an administrative body. Civil cases usually involve private disputes between persons or organizations.. A civil lawsuit is a lawsuit based on non-criminal statutes, such as disputes involving accidents or contracts. Civil suits typically seek to recover money damages or allow/disallow certain acts, rather than to imprison or punish a person. |
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The place in which a case will be brought.The locality where a crime is committed or a cause of action occurs. The locality or political division from which a jury is called and in which a trial is held. |
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Reply is required if the answer contains a counterclaim. Reply must also be made by plaintiff with permission of the court. a reply is what the plaintiff, petitioner, or other person who has instituted a proceeding says In answer to the defendant’s case. |
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| Formal request for a court to dismiss a case. Reasons for dismissal vary. Examples include a settlement between the parties, voluntary withdrawal of the complaint, and procedural defects such as a lack of jurisdiction or a failure to state a claim. |
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MOTION FOR SUMARY JUDGEMENT |
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| Motion to dismiss a case for alleged lack of genuine facts sufficient for a jury to find in favor of non-movent; the facts are not in dispute and therefore there is no reason for the court to waste the resources of the jury. *No reasonable jury could find for (non-moving) opposing party. Facts are so clear that allowing the judge to usurp the fact-finding role of the jury is inconsistent with the jury’s function. |
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The fact-finding process engaged in by the parties in anticipation of trial, summary judgment motions, and/or settlement negotiations. The discovery process is the phase in which both parties research and conduct additional investigation on the fact and events giving rise to the claim. During the discovery phase, parties will have access to information which was inaccessible to them before. While the rules provide for mutual cooperation in the exchange of documents and information to expedite the arbitration, it is widely known that most parties will attempt to avoid disclosing unfavorable information.
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| Jury decision based on its application of law as charged to the facts as presented at trial, as interpreted by the jury. |
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MOTION FOR PROTECTIVE ORDER |
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| Request that court not require response by recipient of discovery request. Grounds may include that the requests are overbroad, irrelevant, or that the disclosure would violate the attorney-client privilege or would require the disclosure of attorney work-product. *Courts generally look with extreme displeasure on the filing motions for protective orders and motions to compel discovery. |
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| Request that court order recipient of discovery request to provide answer to same. |
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The function of appellate court review is to identify and correct errors of law. The party who appeals a lower court's decision in a higher court. The appellant seeks reversal.
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Court upholds the decision below. (that is, of the lower court or agency decision on appeal).
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| Return of case to the lower court or agency for further factual findings or for other resolution consistent with appellate decision. |
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The party supporting the lower courts determination and defending the appeal. Party defending outcome below.
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| Party against whom action is brought. |
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A motion is an affirmative request for relief from a court. Motions may be filed seeking virtually any type of order from the court, relating to topics ranging from mundane to the controversial.
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| Written request to produce documents and other items related to the litigation. Response is usually an invitation to review documents to be made available by responding party. |
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| Party bringing action for relief. |
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Attorney for the U.S.; may participate of cases of great importance.
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| Narrow disposition of the case. Generally found at the end of opinion. |
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That portion of the opinion that answers the legal question raised by the facts of the controversy before it.
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Rejection of holding of lower court or agency order.
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Opinion which more justices sign than do any one concurring opinion, but which does not constitute a majority of the Court and hence does not have the form of precedent.
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May be thought of as the procedural history of the case. Indicates briefly the nature of the case and the course of the proceedings below, including the deposition of the court or agency below.
Should include a statement of facts relevant to the appeal. |
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