Shared Flashcard Set

Details

Procedures
Vocabulary - Weeks 6&7
75
Court Reporting
Not Applicable
07/13/2012

Additional Court Reporting Flashcards

 


 

Cards

Term
Judicial notice
Definition
Court's acceptance of well-known facts as true without evidence; stands as proof
Term
Expunge
Definition
To erase, strike out wholly; to physically destroy information
Term
Statement of facts
Definition
An official record by a court reporter
Term
Competency
Definition
Characteristics which render a witness legally fit and qualified to give testimony in court
Term
Expert witness
Definition
Someone who has special knowledge of the subject about which he is to testify; person must be qualified by the court to testify as an expert witness
Term
Direct examination
Definition
First questioning of a witness by the party who called witness
Term
Redirect examination
Definition
Questioning of a witness by a party who called the witness, after the witness has been crossed examined
Term
Recross examination
Definition
The questioning of a witness by a cross-examiner after the redirect examination of the witness
Term
Venire
Definition
Latin for "to come"; process by which jurors are summoned to try a case; name of the writ for summoning a jury
Term
Venue
Definition
A neighborhood; a place of trial; also, where jurisdiction is established
Term
Jury panel
Definition
Group of prospective jurors
Term
Addendum
Definition
Something added or to be added
Term
Supplement
Definition
Something added to extend or complete a thing; also, to make up a deficiency
Term
Plaintiff
Definition
Party who complains or sues in a civil action and is named on the record; person who seeks remedial relief for an injury to rights
Term
Rebut
Definition
To refute
Term
Chronologically
Definition
Arranged in order of time of occurence
Term
Docket
Definition
List of cases on a court's calendar
Term
Court calendar
Definition
Schedule of cases coming to trial
Term
Calendar call
Definition
Hearing in court of pending cases to determine the present status of each case and usually to assign a date for trial
Term
Presiding judge
Definition
The judge who directs court proceedings; also, judge who assigns cases to other judges
Term
Circuit judge
Definition
Judge of courts whose jurisdiction extends over several counties or districts
Term
Chief justice
Definition
Presiding, most senior, or principal judge of courts having more than one judge
Term
Pertinent
Definition
Having a precise relevance to the matter at hand
Term
Reasonable doubt
Definition
Lack of sufficient certainty from the evidence; fair doubt; degree of certainty required by a juror to find a criminal defendant not guilty
Term
Clear and concerning proof
Definition
Proof which resluts in reasonable certainty of the truth of the facts; the truth is highly probable
Term
Fair preponderance of the evidence
Definition
Has greater weight than the evidence offered in opposition to it; the existence of the fact in issue is more probable than not
Term
Unanimous decision
Definition
Having the agreement and consent of everyone
Term
Court order
Definition
A mandate; a direction of the court in writing and not included in the judgment that adjudicates a preliminary point or directs a step in the proceedings
Term
Adjudicate
Definition
To decide, settle or decree; to pass on judicially
Term
Summations
Definition
Closing arguments; the final step in a trial
Term
Bailiff
Definition
Court attendant; charged with keeping order in the court; has custody of the jury and custody of prisoners while they are in court
Term
Nolo contendere
Definition
Latin for " I will not contest"; an agreement to accept punishment for an alleged offense while not admitting guilt to the offense; statement in a criminal case, which has the same legal effect as pleading guilty; it admits all the facts in the indictment
Term
Appellant
Definition
Person who appeals a decision
Term
Amendment
Definition
Something that changes or modifies for the better
Term
Writ
Definition
A formal, written order of a court ordering something to be done or not be done
Term
Subpoena
Definition
Latin for "under penalty"; command to appear in court and testify (will be penalized for not showing up)
Term
Interrogatory
Definition
Pretrial discovery; set of written questions which are propounded by one party and served on the adversary party who must answer by written reply made under oath
Term
Oath
Definition
Solemn pledge binding someone to tell the truth according to the law, after which false statements are punishable as perjury
Term
Perjury
Definition
False statements made under oath
Term
Affirm
Definition
To declare positively, solemnly, formally, but not under oath
Term
Litigants
Definition
The parties involved in a lawsuit; both defendant and plaintiff
Term
Statute
Definition
A law passed by the legislature
Term
Ordinance
Definition
A local law passed by municipal legislative body
Term
Revoke
Definition
To annul or to void by recalling, taking back, or rescinding
Term
Misdemeanor
Definition
Offenses below felonies; generally punishable by fine, penalty, forfeiture and/or imprisonment in a county jail
Term
Felony
Definition
Major crime punishable by imprisonment for more than one year and loss of some rights
Term
Mandated
Definition
Ordered; either written or oral
Term
Discretion
Definition
Freedom to act or on one's own
Term
Judge's chamber
Definition
Private room or office of a judge
Term
Motions
Definition
Formal oral or written request to the court seeking the judge's ruling
Term
Attorney General
Definition
Chief law officer of the Federal Government or of a state
Term
Stipulation
Definition
An admission, an agreement, or a concession by both parties relating to the lawsuit; often made to avoid delays in the proceedings
Term
Clerk of the court
Definition
Officer of the court who files pleadings, motions, judgments and kees records of court proceedings
Term
Pro bono
Definition
Latin for "for the public good"; describes services or work performed for free or without compensation
Term
Affidavit
Definition
Written declaration or statement of acts made voluntarily; statement given under oath, signed by a deponent
Term
Assertion
Definition
Positive statement often made without support or reason
Term
Appellate court
Definition
Reviews the decisions of an inferior court to determine whether the trial court made an error of law (appeal)
Term
Inferior court
Definition
Court whose decision is subject to review by another court
Term
Intermediate courts
Definition
To which a party may always appeal
Term
Adverse witness
Definition
Hostile; witness whose testimony is unfavorable to the party who called her
Term
Moral turpitude
Definition
Done contrary to justice, honesty, or good morals; dishonesty of a high degree or depravity
Term
District Court
Definition
Inferior state courts of record having general jurisdiction; constitutional courts having territorial jurisdiction over a district, which may be a whole state or only a part
Term
Documentary evidence
Definition
Furnished by written instruments, inscriptions, and other documents
Term
Closing arguments
Definition
Final statements by the attorneys to the jury or to the court at the end of the case, which sets forth the client's case (aka: summation)
Term
Argument
Definition
Remarks by an attorney to a judge or jury on the merits of the case or points of law
Term
Testimony
Definition
Statements given under oath by a witness
Term
Evidence
Definition
Broader term meaning everything brought into court in a trial; includes exhibits, documents and testimony of a witnesses
Term
Summons
Definition
Mandate that required a defendant to appear under penalty of judgment against him
Term
Mandate
Definition
Judicial command
Term
Judgment
Definition
Decision or ruling of a court; the final determination of a case
Term
Parenthetical
Definition
To set off; qualifying; explanatory
Term
Discovery
Definition
One party gains information held by another party to discover evidence
Term
Voir Dire
Definition
Preliminary examination of the qualifications of jurors or witnesses
Term
Cross-examination
Definition
Questioning of a witness by a party other than the one who called the witness concerning matters about which the witness has testified during direct examination
Term
Adversary party
Definition
Party on the opposite side of a litigation
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