New Bar Exam
Terms in this set (76)
A proceeding action, cause, suit, lawsuit, or controversy initiated through the court system by filing a complaint, petition, indictment or information
Philosophy of law or the division of law
A person who is accused by another in a law court.
A lawyer licensed to provide legal advice and to prepare, manage, and try cases.
Police warning to suspects regarding their constitutional rights.
The court's authority to hear and/or decide a case
People sworn to declare truth upon evidence brought before them during a trial.
The jury's ability to apply the law to the facts as established by the evidence.
A written document prepared by an attorney to file in court, usually setting forth both facts and law in support of his or her case
A written statement prepared by one side in a lawsuit to explain to the court its view of the facts of a case and the law that applies to it
Burden of Proof
Affirmatively providing a fact or facts in dispute
Person responsible for records and general procedures of a court
Law arising from tradition and judicial decision rather than laws passed by legislature
Contempt of Court
Disregard or disobedience for the authority of a court of law
Issues of legal substance at stake in a case, as opposed to procedural considerations
An outline of anticipated proof presented to the jury by the attorneys in a case
A statement by an attorney opposing a specific testimony or admission of evidence. (MUST HAVE A LEGAL FOUNDATION)
Denial of motion or objection raised to the court
Accept of motion or objection raised to the court
Questioning of a witness by counsel who introduced the witness
A question that suggests the particular answer or contains the information the examiner is looking to have confirmed ; NOT ALLOWED IN DIRECT EXAMINATION ; ALLOWED IN CROSS-EXAMINTION
The questioning of a witness in a trial or in the taking of a deposition, by the party opposed to the one who produced the witness
Examination that follows cross examination and is exercised by the counsel who introduced the witness.
A summary of evidence presented to the jury by attorneys involved in a trial
Formal order of the court
Directions given to a jury by a judge at the end of a trial that inform the jurors of the rules of law to which they should apply the facts they have derived from the evidence presented in court.
The formal and unanimous decision (except not-guilty which requires 2/3 to acquit) or finding made by a jury, reported to the court, and accepted by it.
Jury decision to acquit a defendant in disregard of the rule of law defined in the judge's instructions or the evidence presented at a trail.
An erroneous or invalid trial; a trial that cannot stand in law because of lack of jurisdiction, incorrect procedure with respect to jury selection, or disregard of some other fundamental requisite; an invalid trial because of the inability of a jury to reach a verdict.
A request by the losing party in a lawsuit that the judgment be reviewed by a higher court because of error or injustice.
An order issued from a court requiring the performance of a specified act, or giving authority and commission to have it done.
Clear and Convincing Evidence
A level of proof requiring the truth of the facts asserted to be highly probable.
Evidence intended to conclusively establish a specific fact.
All judges of a given court hearing a case.
A mandatory or prohibitive court order to stop performance of, or to compel, some action.
To require a person, by an injunction from a court of equity, to perform, or to abstain or desist from some act.
Ex Parte Proceeding
Meeting with the members of only one party to a legal dispute and no representatives from the opposing party.
"Friend of the Court" Statements of opinion filed by persons who are not parties to a suit.
Not worthy of consideration because the situation has been resolved or no longer needs to be resolved because of some circumstance.
A document directing the sheriff or other officer to notify the named person that an action has been commenced against him in court and that he is required to appear, on the day named, and answer the complaint.
The highest law in the United States consisting of articles and amendments which articulate the makeup of the United States Government and the laws it should make thereof.
Bill of Rights
First ten Amendments to the U.S. Constitution providing for individual rights, freedoms, and protections.
The Amendment to the Constitution that guarantees freedom of religion, of speech and of the press and also protects the right to assemble peacefully and the right to petition the government.
The Amendment to the Constitution that protects citizens' rights to privacy.
The Amendment states that no one will be deprived of life, liberty, or property without due process.
The Amendment to the Constitution that gives people the right to have a lawyer in all criminal cases.
The basic legal principle, which appears in the Fifth Amendment, requires the government to be fair in its dealings with people. The Amendments forbid federal and local government from depriving people of "life, liberty, or property, without due process of law." A constitutional provision guaranteeing an accuse person a fair and impartial trial.
Substantive Due Process
The actual rights a person has that are spelled out in the Constitution, such as the rights to life, liberty, property, speech, press, religion and assembly, and the right to petition government, as well as some additional rights not spelled out in the Constitution but interpreted through the courts as rights, such as the right to privacy when a person is making a decision.
Equal Protection Clause
This phrase from the Fourteenth Amendment means that no person or class of person may be denied the same protection of the laws that is enjoyed by other persons in similar circumstances.
When a court has once laid down a principle of law as applicable to a certain set of facts, it will adhere to that principle and apply it to future cases where the facts are substantially the same.
A rule that prevents unconstitutionally obtained evidence from being used in court to build a case against a criminal defendant.
Writ of Mandamus
An order issued by a court of superior jurisdiction commanding performance of a particular act by an inferior court or public official.
Writ of Prohibition
An order issued by a court of superior jurisdiction commanding a lower court to vacate a ruling issued in a suit.
Case that focus on the private rights of individual and the laws protecting those rights, dealing with such matters as contracts and personal injury as opposed to criminal offenses.
The assertion of a right to money or property; an assertion that the suing party has been injured by the action of another.
The first or initiatory pleading on the part of the plaintiff in a civil action; statements by the plaintiff making claims against the defendant.
Breach of Contract
Failure to observe the terms of a written offer or agreement.
Evidence that may strongly suggest something but does not provide direct proof.
A lawsuit filed on behalf of many persons with a common legal interest at stake.
Money payment awarded at the end of a case to pay a person for the actual losses he or she has already suffered or will suffer because of wrong done to him or her.
Conclusions of Law
The proposed or actual declaration of the legal basis for a court's ruling in a civil case.
A legal entity established for the primary purpose of maximizing profit for its shareholders.
The right belonging to the creator of an intellectual property to control the copying, distributing, performing, displaying, and adapting of the work.
A claim filed by a defendant against the plaintiff in a civil action.
Someone who has agreed to act in the best interests of another, often through the management of another's money or property.
Petition for Habeas Corpus
In federal court, a means by which a state prisoner may challenge the constitutionality or his or her conviction and imprisonment.
A formal notification to a party that a lawsuit has been initiated.
An order to pay money as a form of punishment or deterrence from future error of the same kind that has cause legal injury or wrong.
A legal or judicial means by which a right or privilege is enforced or the violation of a right or privilege is prevented, redressed, or compensated.
The persons the burden of proof lies on in criminal court proceedings.
Sentences for multiple crimes that are served at the same time.
The finding that a person is guilty beyond a reasonable doubt of committing a crime.
Destroying or erasing a person's criminal record by court order.
The act of a witness providing false or misleading testimony while under oath in criminal court proceedings.
Procedural Due Process
1) formally charged 2) given a chance to defend him/herself 3) judged in a court of law
A decision by a judge or court on the punishment of a criminal.
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