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Unit 1 Vocabulary Test Review

AB
human rightsbasic privileges people has simply because they are human beings
UDHRstatement of basic human rights and standards for government that has been agreed to by almost every country in the world
criminal lawsthe branch of laws dealing with crimes and their punishment
feloniesserious criminal offenses punishable by a prison sentence of more than 1 year
misdemeanorscriminal offenses, less serious than felonies, punishable by a prison sentence of 1 year or less
civil lawsall laws that do not involve criminal matters, such as torts and contract laws. Usually deal with private rights of individuals, groups or businesses
civil actiona noncriminal lawsuit, brought to enforce a right or redress a wrong
defendantperson against whom a claim is made. In a civil suit, it is the person being sued; in a criminal case, it is the person charged with committing a crime
plaintiffin a civil case, the injured party who brings the legal action against the alleged wrongdoer
prosecutorthe state or federal government’s attorney in a criminal case
beyond a reasonable doubtthe level of proof required to convict a person of a crime. It does not mean “convicted 100%,” but does mean there are no reasonable doubts as to guilt
preponderance of the evidenceusually the standard of proof used in a civil suit; the burden of proof that a party must meet in order to win the lawsuit. To win, a party must provide evidence that is more convincing than the other side’s evidence
legislatureMake laws at both the state level and the federal level (Congress: Senate & House of Representatives).
statuteswritten laws enacted by legislatures
ordinancescounty or city laws
Supremacy lawsThe Constitution and the Laws of the U.S. shall be the supreme law of the land.
billsproposed laws being considered by a legislative body
legislative intentwhat the lawmakers who passed a law wanted the law to mean. If the language of a statute is unclear, judges will often look at the legislative intent to help them interpret the law
trialscourt proceedings
appealspeople who lose a trial can sometimes ask a higher court to review and change the result of the trial
appellate courtscourts in which appeals from trial court decisions are heard
precedentcourt decision on a legal question that guides decisions in future cases presenting similar questions
international lawmakingCreating laws that apply to the conduct of countries. Include treaties - pact between countries
advocacyThe active support of a cause and persuading others to support the same cause.
lobbyinga way to influence the lawmaking process by convincing lawmakers to vote as you want them to
grassroots lobbyistsA person, or group of people, who works to convince a lawmaker to vote for or against a particular issue by participating in rallies or letter writing campaigns
initiativea procedure by which voters can propose a law and submit it to the electorate or the legislature for approval
referendumprocedure in which issues are voted on directly by the citizens rather than by their representatives in government
recallthe removal of an elected official from office by a vote of the people
campaign finance reformContributions, donations or payments to politicians or political parties, are not tax-deductible from income taxes
negotiationprocess of discussing an issue to reach a settlement or agreement
settlementmutual agreement between two sides in a civil lawsuit, made either before the case goes to trial or before a final judgment is entered, that settles or ends the dispute
arbitrationa way of settling a dispute without going to trial. The parties who disagree select one or more impartial persons to settle the argument. If the arbitration is binding, then all parties must accept the decision
mediationthe act or process of resolving a dispute between two or more parties
ombudspersonspeople who have the power to investigate reported complaints and help achieve fair settlements
trial courtscourts that listen to testimony, consider evidence, and decide the facts in a disputed situation
partiesthe people directly concerned with or taking part in any legal matter
adversarial systemthe judicial system used in the U.S. It allows opposing parties to present their legal conflicts before an impartial judge and jury
inquisitional systema European method for handling disputes in which the judge plays an active role in gathering and presenting evidence and questioning witnesses
plea bargainin a criminal case, the negotiations between the prosecutor, defendant, and defendant’s attorney. In exchange for the defendant agreeing to plead guilty, the prosecutor agrees to charge the defendant with a less serious crime, which usually results in a lesser plea
voir direIt is the screening process in which opposing lawyers question prospective jurors to ensure as favorable or as fair a jury as possible
removal for causepart 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 challengespart 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.
Error of lawa mistake made by a judge in legal procedures or rulings during a trial that may allow the case to be appealed
dissenting opinionthe written opinion of the minority of judges who disagree with the decision of the majority in a trial or appeal.
concurring opinionan additional written court opinion in which a judge(s) agree with the decision reached by the court, but for reasons different from those used to support the majority opinion
probatethe process of providing to a court that a will is genuine; distributing property according to the terms of a will
retainera down payment by which a client hires an attorney to act in his/her behalf
litigatora trial attorney
contingency feethe fee paid to an attorney based on a % of the sum the client is awarded or settles for in a lawsuit
privilegethe right and the duty to withhold information from others because of some special status or relationship of confidentiality. These privileges include husband-wife, doctor-patient and attorney-client.
disbarredlawyers who violated standards of conduct and lost their licenses to practice law
legal malpracticethe type of lawsuit brought against a lawyer for loss or injury to his or her client caused by the lawyer’s error or failure to meet acceptable standards of practice for the legal profession



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