courts that listen to testimony, consider evidence, and decide the facts in disputed situations.
sides, to each case.
in a civil trial, the party bringing the legal action.
in a criminal trial, the gov. (state or federal) initiates the case.
the party responding to the plaintiff (civil) or prosecution (criminal).
allows opposing parties to present their legal conflicts before an impartial judge and jury.
the judge is active in questioning witnesses and controlling the court process, including the gathering and presenting of evidence.
opposing lawyers question each prospective juror to discover any prejudices or preconceived opinions concerning the case.
removal for cause
the opposing attorneys may request the removal of any juror who appears incapable of rendering a fair and impartial verdict.
the attorney is allowed a limited number of these, they can have prospective jurors removed without stating a cause.
one party presents arguments asking the court to review the decision of the trial court.
error of law
when the judge makes a mistake as to the law applicable in the case.
court decision on a legal question that guides future cases with similiar questions.
in a trial or appeal, the written opinion of the minority of judges who disagree with the decision of the majority.
judges that agree with the majority opinion, but for reasons different from those used to support the majority opinion.