Which of the following statement is false referring the role of the judge in the courtroom work group. The prosecutor. Which work Group member has the responsibility od demonstrating to a jury that a defendant is guilty beyond a reasonable doubt. Representing the state. The time of a defense attorney does not include (blank)
Which of the following terms describes an attorney who works for a law firm ? Bail Bond A document guaranteeing the appearance of a defendant in court as required and recording the pledge of money or property to be paid to the court if he …
A term used to describe evidence that may be considered by a jury or judge in civil and criminal cases. Adversary proceeding A lawsuit arising in or related to a bankruptcy case that begins by filing a complaint with the court, that is, a "trial" that takes place within the …
counsel - Legal advice; a term used to refer to lawyers in a case. counterclaim - A claim that a defendant makes against a plaintiff. Counterclaims can often be brought within the same proceedings as the plaintiff’s claims. court - Government entity authorized to resolve legal disputes. Judges sometimes use "court" to refer to themselves in the third person, as in "the …
Associates: Lawyers who are employed by a firm, but who aren't owners, are usually called "associates." Associates can be excellent lawyers, but typically have less experience than the partners of the firm.Apr 9, 2015
Prosecutor. --> also called district attorney, solicitor, states attorney, prosecuting attorney. **Has the most powerful position in the criminal justice system; decides which cases are criminal offenses and argues them in court AND determines the charge.
In a criminal case, the prosecution bears the burden of proving that the defendant is guilty beyond all reasonable doubt. This means that the prosecution must convince the jury that there is no other reasonable explanation that can come from the evidence presented at trial.
judgment - The official decision of a court finally determining the respective rights and claims of the parties to a suit. jurisdiction - (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case.
individual or a group of people who bring a complaint against another party. The party who answers complaints and defends against the defendant.
A legal representative of the state with sole responsibility for bringing criminal charges; in some states referred to as district attorney, state's attorney, or county attorney. Each separate offense of which a person is accused in an indictment or an information.
Peremptory challenge. Without a reason stated, without inquiry, and being subject to the court's control, ability to exclude potential jurors who they believe will not be sympathetic, limited number; varies by type of case ex. criminal vs. civil and by jurisdiction. Jury selection strategies.
In Criminal Cases, the Plaintiff is typically identified as “The People,” which is the State on behalf of the victim. The Defendant is the individual(s) being accused of a crime or code. In Civil Cases, the Plaintiff is the person(s) who has alleged that a wrongdoing has been done to the them.Nov 5, 2021
The core members of the courtroom work group, which include judges, prosecutors, and defense attorneys, participate in courtroom processes with great frequency.
Specialized terminology refers to words that are specific to the legal profession. Some specialized terms originated within the legal system for the purpose of conveying meanings specific to law.
These past decisions are called "case law", or precedent.
Answer: a defendant is the term that refers to a person who is tried by a court for a crime.Dec 23, 2021
About appeals; an appellate court has the power to review the judgment of a lower court (trial court) or tribunal. For example, the U.S. circuit courts of appeals review the decisions of the U.S. district courts. Appellee.
Equitable. Pertaining to civil suits in "equity" rather than in "law.". In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy (see damages). A separate court of "equity" could order someone to do something or to cease to do something (e.g., injunction).
Acquittal. A jury verdict that a criminal defendant is not guilty, or the finding of a judge that the evidence is insufficient to support a conviction. Active judge. A judge in the full-time service of the court. Compare to senior judge.
The legal system that originated in England and is now in use in the United States, which relies on the articulation of legal principles in a historical succession of judicial decisions. Common law principles can be changed by legislation. Community service.
Administrative Office of the United States Courts (AO) The federal agency responsible for collecting court statistics, administering the federal courts' budget, and performing many other administrative and programmatic functions, under the direction and supervision of the Judicial Conference of the United States.
Adversary proceeding. A lawsuit arising in or related to a bankruptcy case that begins by filing a complaint with the court, that is , a "trial" that takes place within the context of a bankruptcy case. Affidavit. A written or printed statement made under oath.
Affidavit. A written or printed statement made under oath. Affirmed. In the practice of the court of appeals, it means that the court of appeals has concluded that the lower court decision is correct and will stand as rendered by the lower court.
To make such a request is "to appeal" or "to take an appeal.". Both the plaintiff and the defendant can appeal, and the party doing so is called the appellant. Appeals can be made for a variety of reasons including improper procedure and asking the court to change its interpretation of the law.
appellate - About appeals; an appellate court has the power to review the judgment of another lower court or tribunal. arraignment - A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
Refers to court sessions with the entire membership of a court participating, rather than the usual quorum. U.S. courts of appeals usually sit in panels of three judges, but may expand to a larger number in certain cases they deem important enough to be decided by the entire court.
Federal criminal juries consist of 12 persons. Federal civil juries consist of six persons. plaintiff - The person who files the complaint in a civil lawsuit. plea - In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges in open court.
affidavit - A written statement of facts confirmed by the oath of the party making it. Affidavits must be notarized or administered by an officer of the court with such authority. affirmed - Judgment by appellate courts where the decree or order is declared valid and will stand as decided in the lower court.
bail - Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
bench trial - Trial without a jury in which a judge decides the facts. In a jury trial, the jury decides the facts. Defendants will occasionally waive the right to a jury trial and choose to have a bench trial. beyond a reasonable doubt - Standard required to convict a criminal defendant of a crime. The prosecution must prove the guilt so that ...
Brief. Written document, usually prepared by an attorney, submitted to the court about a case, containing summaries of the facts of the case, relevant laws, and an argument showing how the laws support that party's position.
In some courts, an answer is simply called a "response". Appeal. Request to a superior or higher court to review and change the result in a case decided by an inferior or lower court or administrative agency. AOE/COE (Arising out of and occurring in the course of employment).
See precedent. Breach of Contract. Failure, without legal excuse, to perform all or some of the promises made in a contract. Brief.
Fact Question. Issues in a trial or hearing concerning facts and how they occurred, as opposed to questions of law. Fact questions are for the jury to decide, unless the issues are presented in a non-jury or bench trial, in which case the judge would decide fact questions. Questions of law are decided by a judge.
Illegally Employed Minor's Benefits. If a person under 18 is injured on the job and is working in violation of a state law relating to minors, that person is entitled to an additional 50 percent of the compensation rate as additional compensation that must be paid by the employer and not the insurance carrier.
More precisely, conduct which falls below the standard of care established by law for the protection of others against unreasonable risks of harm. In order to prevail in a negligence action, the plaintiff must prove, by a preponderance of the evidence, the following four elements: (1) that the defendant owed the plaintiff a duty of care; (2) that the defendant breached that duty; (3) that the defendant's breach of his or her duty of care caused the plaintiff's injury; (4) that the plaintiff suffered injury.
Substitution of one person for another, giving the substitute the same legal rights as the original party. For example, an insurance company may have a right of subrogation to sue anyone whom the person it compensated had a right to sue. Substantive Law. The body of law that creates, defines and regulates right.
Bar – (1) Historically, the partition separating the general public from the space occupied by the judges, lawyers, and other participants in a trial. (2) More commonly, the body of lawyers within a jurisdiction.
Common Law - The legal system that originated in England and is now in use in the United States. It derives legal principles from the statements by judges in their written opinions, rather than from statutes enacted by legislative bodies. Commutation - The reduction of a sentence, as from death to life imprisonment.
A way to discharge a claim whereby the parties agree to give and accept something in settlement of the claim that will replace the terms of the parties’ original agreement. Accord is the new agreement; satisfaction is performance of the new agreement.
Adjudication - Judgment rendered by the court after a determination of the issues. Ad Litem - A Latin term meaning “for the purpose of the lawsuit.”. For example, a guardian “ad litem” is a person appointed by the court to protect the interests of a minor or legally incompetent person in a lawsuit.
Appeal - An application to a higher court for review of an order of conviction or of a civil judgment against a party.
Appeal Bond - A sum of money posted by a person appealing a judicial decision (appellant). Appearance – (1) The formal proceeding by which a defendant submits to the jurisdiction of the court. (2) A written notification to the plaintiff by an attorney stating that s/he is representing the defendant.
Arrest Warrant – An order by a judge that gives permission for a police officer to arrest a person for allegedly committing a crime. Assault - Threat to inflict injury with an apparent ability to do so. Also, any intentional display of force that would give the victim reason to fear or expect immediate bodily harm.