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Bus Law 1.02
Understand Court Systems & Trial Procedures
| Term | Definition |
|---|---|
| Arraignment/Initial Hearing | The charged person is brought before a judge to determine probable cause and set any bail requirements. |
| Arrest | A person who has allegedly committed a felony offense or serious misdemeanor offense that does not meet the requirements for a person to be released on a signature summons. |
| Civil Court | The civil jurisdiction of the trial court divisions - the superior court and district court - is concurrent. This means that for most civil cases, the case can be filed in either court. |
| Closing Arguments | Used to persuade jurors to adopt an interpretation favorable to each sides position. |
| Complainant(Plaintiff) | Person or entity bringing or filing the lawsuit. |
| Complaint | Initial pleading by which a lawsuit is begun. |
| Criminal Court | The criminal jurisdiction of the trial courts depend on the type of offense charged, but ultimately all crimes are within the jurisdiction of the superior court. With a few exceptions, the superior court has exclusive jurisdiction over all felonies. |
| Defendant | Person or entity against which the lawsuit is brought. |
| Evidence Presentation | Items such as a coroner's report, a weapon in a criminal case or photographs in a civil case that can help corroborate or refute the testimony of other witnesses. |
| Federal District Courts | This is the trial court firs to hear the dispute in the Federal System. |
| Grand Jury | A panel of eighteen citizens that is randomly drawn from the same pool as those selected for jury duty for a trial. |
| Initial Bail | The arrested person is taken before a magistrate and based on the charge, circumstances, and the offenders prior criminal record, the magistrate sets an initial bail bond amount in order for the person charged to be released. |
| Jury Instructions | Instruction that are given by the trial judge that specifically state what the defendant can be found guilty of and what the prosecution or plaintiff has to prove in order for a guilty verdict. |
| Jury Selection | Attorney for both prosecution (plaintiff if civil) are allowed to strike a specific number of jurors without justification. This is referred to as Voir dire. |
| Juvenile Court | The district court has exclusive, original jurisdiction over all juvenile cases. These cases concern children under the age of eighteen who are "undisciplined", "abused", "neglected". |
| Magistrates' Court | Magistrates hold court in both civil and criminal matters as officers of the district court under the supervisory authority of the chief district court judge. |
| N.C. Court of Appeals | Intermediate appellate court that was created to relieve the Supreme Court of a portion of its heavy case load. |
| N.C. District Court | District Court divisions are the trial court divisions that hold trials to determine the facts of cases. |
| N.C. Superior Court | The Superior Court division consists of the superior court, which is the court with general trial jurisdiction. |
| N.C. Supreme Court | State's highest court. This court has a Chief Justice and six associate justices, who sit as a body and decide cases appealed from lower courts, including from the Court of Appeals. |
| Opening Statement | The opening statement at the beginning of the trial is limited to outlining the facts. This is each party's opportunity to set the basic scene for the jurors, introduce them to the core disputes in the case, and provide how the trial may unfold. |
| Pleadings | General term used to refer to papers requesting something or responding to a request that are filed in the case, including the complaint and answer. |
| Summons | Issued by the Clerk of Court usually at the time of filing the complaint, and is the official notice of the lawsuits. |
| Testimony | A declaration by a witness under oath, as that given before a court or deliberative body. |
| U.S. Court of Appeals | Have appellate jurisdiction over the district courts, certain specialized federal courts and many Federal agencies. |
| U.S. Supreme Court | he most important function of the court to exercise its appellate jurisdiction over cases form lower courts. |
| Voir Dire | French term which means "to speak the truth." The goals of voir dire are to get potential jurors speaking about themselves, their beliefs, biases and opinions; and to elicit truthful and complete answers from the potential jurors. |
| Answer | The response to a civil complaint. |
Created by:
JoeStellman
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