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Street Law Chapt5
Vocabulary
| Question | Answer |
|---|---|
| courts that listen to testimony, consider evidence, and decide the facts in a disputed situation | trial court |
| the people directly concerned with or taking part in any legal matter | parties |
| in a civil case, the injured party who brings legal action against the alleged wrongdoer | plaintiff |
| the state or federal government's attorney in a criminal case | prosecutor |
| the person against whom a claim is made; in a civil suit, this person is the person being sued; in a criminal case, this person is the person charged with committing a crime | defendant |
| the judicial system used in the US; it allows opposing parties to present their legal conflicts before an impartial judge and jury | adversarial system |
| a European method for handling disputes in which the judge plays an active role in gathering and presenting evidence and questioning witnesses | inquisitional system |
| from the French phrase meaning "to speak the truth"; it is the screening process in which opposing lawyers question prospective jurors to ensure as favorable or as fair a jury as possible | voir dire |
| 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 | removal for cause |
| 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: these can not be used to discriminate based on race | peremptory challenges |
| a court in which appeals from trial-court decisions are heard | appeals court |
| a mistake made by a judge in legal procedures or rulings during a trial that may allow the case to be appealed | error of law |
| court decision on a legal question that guides future cases with similar questions | precedent |
| in a trial or appeal, the written opinion of the minority of judges who disagree with the decision of the majority | dissenting opinion |
| an additional written court opinion in which a judge or judges agrees with the decision reached by the court, but for reasons different from those used to support the majority opinion | concurring opinion |
| the powers that Congress is assumed to have because they result logically from the powers expressly listed in the Constitution; they are derived from the "necessary and proper clause" of the Constitution | inherent powers |
| the powers specifically granted to Congress by Article I, Section 8, of the Constitution; also called enumerated or expressed powers; indicate power to tax, regulate commerce, and declare war | delegated powers |
| Certiorari is a Latin word meaning "to be informed of"; it is a formal application by a party to have a lower-court decision reviewed by the US Supreme Court, which has discretion to approve or deny any such application | petitions for certiorari |
Created by:
rierei1971
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