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Trial Courts | Courts that listen to testimony, Consider evidence, and decide the facts in a disputed situation. |
Parties | The people directly concerned with or taking part in any legal matter. |
Plaintiff | In a civil case, the injured party who brings legal action against the alleged wrongdoer |
Prosecutor | The state or federal government’s attorney in a criminal case. |
Defendant | The person against whom a claim is made. In a civil suit, the defendant is the person being sued; in a criminal case, the defendant is the person charged with committing a crime. |
Adversarial System | - The judicial system used in the United States. It allows opposing parties to present their legal conflicts before an impartial judge and jury. |
Inquisitional System | A European method for handling disputes in which the judge plays an active role in gathering and presenting evidence and questioning witnesses. |
Voir Dire | From the French phrase meaning “to speak the truth.” It is the screening process in which opposing lawyers question perspective jurors to ensure as favorable or as fair a jury is possible. |
Removal for Cause | Part of the jury selection process. After voir dire, opposing attorneys may request removal of any juror who does not appear capable of rendering a fair and impartial verdict. |
Peremptory Challenges | Part of the pretrial jury selection. Attorneys on opposing sides may dismiss a certain number of possible jurors without giving any reason. There is one exception: peremptory challenges cannot be used to discriminate based on race. |
Appeals Court | A court in which appeals from trail-court decisions are heard. |
Error of Law | A mistake made by a judge in legal procedures or rulings during a trail that may allow the case to be appealed. |
Precedent | Court decision on a leg question that guides future cases with similar questions. |
Dissenting Opinion | In a trail or appeal, the written opinion of the minority of judges who disagree with the decision of the majority. |
Concurring Opinion | An additional written court opinion in which a judge or judges agrees with the decision reached by the court, but for reasons different from those used to support the majority opinion. |
Inherent Powers | The powers that Congress is assumed to have because they result logically from the powers expressly listed in the U.S. Constitution. These powers are derived from the “necessary and proper clause” of the Constitution, which allows Congress to expand its power to carry out functions expressly delegated by the Constitution; also known as implied powers. |
Delegated Power | The powers specifically granted to Congress by Article I, section 8, of the Constitution; also called enumerated or expressed powers. They include the power to tax, regulate commerce and declare war. |
Petitions for Certiorari | A formal application by a party to have a lower court decision reviewed by the U.S. Supreme Court , which has discretion to approve or deny any such application. |
Due process of law | Idea stated in the 5th and 14th Amendment that every person involved in a legal dispute is entitled to a fair hearing or trial. |