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Lesson 7 - 8

Terms in this set (54)

trial
The examination of a civil or criminal case in a court of law with the purpose of deciding an issue.
counsel
An attorney who represents or assists a client in a court case.
jury
A group of persons selected to hear a case in a court of law and sworn to render a verdict based upon the evidence presented in the case. Sometimes referred to as petit jury.
juror
One who is a member of jury.
veniremen
Jurors.
impanel
The process of selecting a jury.
voir diree
French. A preliminary examination by the court of a prospective juror to determine if the person is competent to serve as a juror.
challenge
To object to a certain person serving as a juror. The challenge may be made by the attorney representing either party in the case.
challenge to the array
An objection made to the entire panel of jurors.
challenge for cause
An objection made to a juror based on a specified reason, such as a previous criminal record.
peremptory challenge
An objection made to a juror for which no cause is given. There is a limited number of peremptory challenges allowed to each party in a case.
oath
A swearing or an affirming that one will act faithfully and truthfully.
foreman or forewoman
A juror selected by the other members of the jury to preside over the deliberations and to speak for the jury. Also referred to as the foreperson.
opening statement
The first step in a jury trial after the jury has been selected whereby the attorneys make a statement to the jury as to what they plan to prove in the trial.
testimony
Evidence presented by a witness under oath in a court of law.
witness
One who is called to give testimony under oath in court as to any facts that pertain to the case.
direct examination
The first questioning of a witness in court by the attorney for the party who called the witness to testify.
cross-examination
The questioning of a witness by counsel for the party who is in opposition to the party who called the witness to testify.
admissible
Evidence that is relevant to a case and may, therefore, be presented in court.
colloquy
A talking together, conference, or conversation between the judge and counsel or the judge and witness. Could be in the form of an objection. Deviates from the normal question and answer that takes place between counsel and witness.
objection
A protest made by counsel to the judge pertaining to certain evidence or a procedure in the trial.
irrelevant
Evidence presented that is not applicable or related to the issues in the case. An attorney may make an objection to irrelevant evidence.
motion to strike
A request made by counsel to eliminate improper evidence from consideration in deciding an issue. Evidence that is ordered stricken cannot be considered but remains as a part of the record in the event the case is appealed.
physically expunge
To actually remove certain evidence from the record. Only the judge can order evidence to be physically expunged from the record.
sustained
The answer of the court when supporting an objection made by counsel.
overruled
The answer of the court when refusing to support an objection made by counsel.
mistrial
A trial that is declared invalid because of an error in the proceedings or the failure of a jury to reach a verdict. When a mistrial occurs, a new jury must be impaneled, and the trial must start over from the beginning.
adduce
To present or introduce evidence in a case.
evidence
Testimony, exhibits, or other matter presented in the trial of a case to prove the alleged facts.
opinion evidence
Testimony given by a witness (usually an expert) as to what that witness thinks or believes about the facts in the case.
expert evidence
Testimony given by a person who has special qualifications to testify in regard to specific facts in the case.
circumstantial evidence
Indirect evidence. An inference or assumption that may be made from other facts proven in the case. For example, if you have stolen property in your possession, it could be assumed that you stole it even though no one saw you do it.
incompetent
Not qualified legally. Pertains to evidence that is not admissible in a court case.
exhibit
Any document or object presented to the court as evidence in a case. Exhibits must be accepted by the court before they become a part of the evidence.
hearsay
The repeating of what one heard another say. Hearsay evidence is generally not admissible in court.
res gestae
Latin. Things done. Things that are a part of a case. Hearsay evidence may be admitted if it can be shown that it is res gestae.
impeach
To prove in a trial that a witness cannot or should not be believed.
perjury
Intentionally or knowingly giving false testimony under oath. A person who commits perjury may have criminal charges brought against him or her.
rebuttal
An attempt to disprove the evidence presented by the other side.
hostile witness
A witness who is openly prejudiced against the party who called the witness to testify in the case. A hostile witness may be cross-examined by the party who called the witness to testify.
averment
A declaration positively stating that the facts are true.
bailiff
An officer of the court who is in charge of the jury. May also guard prisoners when they appear in court.
causal
Implying a cause. Have to do with cause and effect.
prima facie
Latin. A first view. Evidence that is sufficient to prove or establish a fact unless contrary evidence is presented.
credible evidence
Evidence presented in a case that is believable.
alibi
Latin. Elsewhere. An excuse. In a criminal case, if the defendant presents proof of being in another place at the time the crime was committed, the defendant has an alibi.
pendente lite
Latin. Pending litigation. The time during which case is in court.
amicus curiae
Latin. Friend of the court. A person who has no interest in a case but is called in by the judge to give advice regarding some matter of law.
closing arguments
The presentations given by counsel at the end of a case summarizing the evidence presented in the trial in an effort to persuade the jury to decide the case in favor of their client.
burden of proof
The plaintiff in a case has the duty of proving that the defendant is guilty; therefore, the burden of proof is on the plaintiff.
charge to the jury
The instructions given by the judge to the jury before deliberations as to the rules of law that apply to the case.
deliberations
The process of the jury discussing the case in an effort to reach a verdict.
sequestered
Latin. Secluded. The seclusion of witnesses or evidence during a case or the seclusion of the jury until a verdict is reached.
preponderance of evidence
Greater weight of evidence. Evidence that has greater value. Does not mean the greater number of witnesses but rather the greater weight of the evidence. The jury will return a verdict in a civil case for the party that has the preponderance of evidence.
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