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Related Flashcards
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Cards In This Set
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Appeal
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A request by the losing party in a lawsuit that the judgement be reviewed by a higher court.
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Statute
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A law.
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Common Law
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Refers to the "judge-made" law. Recognized by a community.
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Precedent
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A prior judicial decision that serves as an example or rule to authorize or justify.
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Motion
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A application for a rule or order, made to a court or judge.
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Plaintiff
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The complaining party to the litigation; one who initiates the court-action.
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Defendant
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In a civil case, the person being sued. In a criminal case, the person being charged.
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Standard of Proof
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The amount of evidence which a plaintiff must present in a trial in order to win.
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"Voir Dire"
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"To speak the truth." An attorney can challenge a juror "for cause" if that person says or expresses a bias against the attorney's case.
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4th Amendment
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Guards against unreasonable searches and seizures.
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Preponderance of Evidence
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Based on the more convincing evidence and its probable truth or accuracy, and not on the amount of evidence
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Criminal Case
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A lawsuit brought by a prosecutor that charges a person with the commission of a crime.
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Civil Case
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A noncriminal lawsuit, usually involving private property rights.
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Case Law
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Law based on previous decisions of appellate courts, particularly the Supreme Court.
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Tort
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A civil wrong, for which the court will provide a remedy in the form of an action for damages.
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