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Ch. 3

Introduction to Law_5th Edition_J.B.Hames_Yvonne Ekern

TermDefinition
ORIGINAL JURISDICTION The power to first hear a case; court of original jurisdiction is where trial takes place.
TRIAL The open-court process where all parties present evidence, question witnesses, and generally put their case before the court.
TRIER OF FACT In a trial, the one who determines the true facts; either a juryor, if the case is tried without a jury, the judge.
"en bunc" A term that describes the entire panel of judges on a court hearing a case.
APPELLATE JURISDICTION The power of a court to review what happened in a lower court.
RECORD Documentation of the proceedings at trial used for an appeal.
APPELLATE BRIEF A written document containing factual and legal contentions; prepared by attorneys dealing with an appeal in a case.
JURY INSTRUCTIONS The directions read to the jury by the judge; they simplify the law applicable to the case.
AFFIRM To uphold; used in connection with an appeal to uphold the lower courts decision.
REVERSE To change.
REMAND To send back.
PETITION FOR WRIT OF CERTIORARI A document filed with the Supreme Court requesting a hearing.
MAGISTRATE A judicial officer; federal magistrates are appointed by judges of federal district courts ; magistrates have some of the powers of a judge.
COURT CLERK A court employee who assists the court and the judge by filing documents, marking and safeguarding evidence, reviewing documents that are submitted to the judge, and performing other similar tasks.
COURT REPORTER A person who records (electronically) the testimony that takes place during the open court proceedings; the court reporter will produce a transcript.
BAILIFF An individual who is responsible for the safety of the judge and for order within the courtroom; sometimes known as a court deputy or court attendant.
LAWYER An individual who is authorized by a state to practice law.
ATTORNEY Another term for lawyer.
BAR EXAMINATION An examination administered by a state that tests an individual's knowledge of the law and is a prerequisite to being allowed to practice law.
PARALEGAL An individual whose training and education enables him or her to assist lawyers by performing certain legal tasks that traditionally have been done by lawyers.
LEGAL ASSISTANT Another term for paralegal.
LAW CLERK A term used to refer to a law student interning or working in a law firm while attending school.
LEGAL MEMORANDUM An informal interoffice document written to communicate the results of legal research and the resulting legal analysis.
ADMINISTRATIVE HEARING A hearing before an administrative agency regarding a dispute between an individual and the agency.
JUDICIAL CONFERENCE OF THE UNITED STATES The principal policy-making body concerned with the administration of the U.S. Courts.
CANONS OF ETHICS Standards of responsible and professional conduct.
FIDUCIARY RELATIONSHIP A special relationship of trust and confidence; it forms the basis of the attorney-client relationship.
DISBARMENT The action of denying an attorney the right to practice law in a state.
TRUST ACCOUNT A special bank account maintained by an attorney into which funds belonging to clients are kept.
ESCROW ACCOUNT A type of trust account in which funds are held until some condition occurs.
COMMINGLING Mixing client funds with the attorney's business or personal funds.
FEDERAL JURISDICTION The power of the federal courts to hear a case.
DIVERSITY OF CITIZENSHIP A basis for federal court jurisdiction where the plaintiff and defendant are residents of different states and the amount in controversy exceeds $75,000.
Created by: JacquelineS89