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P. Law Chpt 5 & 6
The Courts and Lawyers
| Term | Definition |
|---|---|
| plaintiff | the party bringing the legal action |
| prosecutor | the state or federal government initiating the case in a criminal trial |
| defendant | the party responding to the plaintiff or prosecution |
| adversarial system | contest between opposing sides, or adversaries; the trial system in America |
| opening statements | statements by opposing attorneys that tell the jury what their cases will prove |
| direct and cross examination | when the attorneys from both sides question a witness |
| closing statements | in a trial, each attorney's summary of the case, which attempts to persuade the judge or jury to favor his or her side |
| verdict | decision by a jury |
| hung jury | a jury that is unable to agree on a verdict (the result is a mistrial) |
| Supreme Court | the highest federal court in the United States |
| How long does a Justice of the Supreme Court remain a member of the Court? | for life (or until they choose to resign) |
| attorney | another name for legal counsel or representative |
| bar association | an organization that licenses lawyers and enforces a code of professional conduct |
| bar exam | test one must pass to be a licensed lawyer, each state has their own |
| disbarred | to take away an attorney's license to practice law because of illegal or unethical conduct |
| retainer | a down payment by which a client hires an attorney to act in his or her behalf |
| contingency fee | the fee paid to an attorney based on a percentage of the sum the client is awarded or settles for in a lawsuit |
| attorney-client privilege | the right of individuals to have discussions with his/her attorney kept private and confidential |
| Legislative Branch | the lawmaking body of government, Congress |
| Judicial Branch | the branch of government that interprets the law, courts |
| Executive Branch | the branch of government that carries out laws, President |
| Separation of Powers | the division of power among the legislative, executive, and judicial branches of government |
| checks and balances | a system that allows each branch of government to limit the powers of the other branches in order to prevent abuse of power |
| Bill of Rights | first 10 amendments to the Constitution |
| criminal trial | a trial in a court of law to determine the guilt or innocence of a person charged with a crime |
| civil trial | decides a dispute between two parties |
| error of law | what must be proven in an appeals court |
| Clarence Gideon | his conviction in Florida resulted in the landmark Supreme Court Case Gideon v Wainwright ruling that a lawyer must be provided for those who can not afford one |
| Abe Fortas | attorney provided for Gideon's Right to Council Supreme Court case |
| public defender | attorney who works for the state and defends people who cannot afford a private attorney |
| jury | group of individuals who hear a case and reach a verdict |
| litigator | a trial attorney |