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454896 Chapter 5

The Court System

TermDefinition
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.
Created by: 454896