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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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Litigation |
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The process of resolving a dispute over legal rights in court. |
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Prosecution |
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The means adopted to bring a supposed offender to justice and punishment by due course of law. |
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Exclusionary Rule |
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A rule of evidence that disallows the use of illegally obtained evidence in criminal trials. |
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6th Amendment |
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Right to a public trial, right to have attorney's, right to confront witness face to face, right to jury. |
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Burden of Proof |
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Deals with which side must prove what points. |
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Reasonable Doubt |
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The level of certainty a juror must have to find a defendant guilty of a crime. |
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"Reasonable expectation of privacy" |
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Expectation that what one does or says will not be seen or heard by someone else. |
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