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Introduction to Law_5th Edition_J.B.Hames_Yvonne Ekern

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Term
Definition
ORIGINAL JURISDICTION   The power to first hear a case; court of original jurisdiction is where trial takes place.  
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TRIAL   The open-court process where all parties present evidence, question witnesses, and generally put their case before the court.  
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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.  
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"en bunc"   A term that describes the entire panel of judges on a court hearing a case.  
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APPELLATE JURISDICTION   The power of a court to review what happened in a lower court.  
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RECORD   Documentation of the proceedings at trial used for an appeal.  
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APPELLATE BRIEF   A written document containing factual and legal contentions; prepared by attorneys dealing with an appeal in a case.  
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JURY INSTRUCTIONS   The directions read to the jury by the judge; they simplify the law applicable to the case.  
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AFFIRM   To uphold; used in connection with an appeal to uphold the lower courts decision.  
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REVERSE   To change.  
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REMAND   To send back.  
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PETITION FOR WRIT OF CERTIORARI   A document filed with the Supreme Court requesting a hearing.  
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MAGISTRATE   A judicial officer; federal magistrates are appointed by judges of federal district courts ; magistrates have some of the powers of a judge.  
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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.  
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COURT REPORTER   A person who records (electronically) the testimony that takes place during the open court proceedings; the court reporter will produce a transcript.  
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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.  
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LAWYER   An individual who is authorized by a state to practice law.  
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ATTORNEY   Another term for lawyer.  
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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.  
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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.  
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LEGAL ASSISTANT   Another term for paralegal.  
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LAW CLERK   A term used to refer to a law student interning or working in a law firm while attending school.  
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LEGAL MEMORANDUM   An informal interoffice document written to communicate the results of legal research and the resulting legal analysis.  
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ADMINISTRATIVE HEARING   A hearing before an administrative agency regarding a dispute between an individual and the agency.  
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JUDICIAL CONFERENCE OF THE UNITED STATES   The principal policy-making body concerned with the administration of the U.S. Courts.  
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CANONS OF ETHICS   Standards of responsible and professional conduct.  
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FIDUCIARY RELATIONSHIP   A special relationship of trust and confidence; it forms the basis of the attorney-client relationship.  
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DISBARMENT   The action of denying an attorney the right to practice law in a state.  
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TRUST ACCOUNT   A special bank account maintained by an attorney into which funds belonging to clients are kept.  
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ESCROW ACCOUNT   A type of trust account in which funds are held until some condition occurs.  
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COMMINGLING   Mixing client funds with the attorney's business or personal funds.  
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FEDERAL JURISDICTION   The power of the federal courts to hear a case.  
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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.  
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