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454896 Chapter 5
The Court System
| Term | Definition |
|---|---|
| Trial Courts | courts that listen to testimony, consider evidence, and decide the facts in a disputed situation |
| Parties | the people directly concerned with or taking part in any legal matter |
| Prosecutor | the state or federal government's attorney in a criminal case |
| Plaintiff | In a civil case, the injured party who brings legal action against the alleged wrongdoer |
| Defendant | the person against whom a claim is made. In a civil suit, the defendant is the person being sued; in a criminal case, the defendant is the person charged with committing a crime |
| Adversarial System | the judicial system used in the U.S. It allows opposing parties to present their legal conflicts before an impartial judge and jury. |
| Inquisitional System | a European method for handling disputes in which the judge plays an active role in gathering and presenting evidence and questioning witnesses |
| Voir Dire | a phrase in French- "to speak the truth". its the screening process in which opposing lawyers question prospective jurors to ensure as a favorable or as fair as a jury |
| Removal For Cause | part of the jury selection process. After voir dire, opposing attorneys may request removal of any juror who does not appear capable of rendering a fair and impartial verdict. |
| Peremptory Challenges | part of the pretrial jury selection. Attorneys on opposing sides may dismiss a certain number of possible jurors without giving any reason. There is one exception- peremptory challenges cannot be used to discriminate based on race. |
| Appeals Court | a court in which appeals from trial-court decisions are heard |
| Error Of Law | a mistake made by a judge in legal procedures or rulings during a trial that may allow the case to be appealed. |
| Precedent | court decision on a legal question that guides future cases with similar questions |
| Dissenting Opinion | in a trial or appeal, the written opinion of the minority of judges who disagree with the decision of the majority |
| Concurring Opinion | an additional written court opinion in which a judge or judges agrees with the decision reached by the court, but for reasons different than those used to support the majority opinion. |
| Inherent Powers | the powers that Congress is assumed to have because they result logically from the powers listed in the U.S. Constitution. Derived from the "necessary and proper clause" of the Constitution- also known as implied powers |
| Delegated Powers | the powers specifically granted to Congress by Article I, Section 8,of the Constitution; also called enumerated or expressed powers- includes power to tax, regulate commerce, and declare war |
| Petitions for Certiorari | certiorari is Latin for "to be informed of". Its a formal application by a party to have a lower court decision reviewed by the U.S. Supreme Court, which has discretion to approve or deny any such application |
| Due Process of Law | the idea stated in the Fifth and Fourteenth Amendments that every person involved in a legal dispute is entitled to a fair hearing or trial, but may require notice/opportunity to be heard. |
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