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‍ ‍ ‍ ‍ ‍‍ ‍。:゚૮ ˶ˆ ﻌ ˆ˶ ა ゚:。

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THE COURT:

  • accused/defendant = the person accused of the crime. they do not have to prove their innocence.
    • counsel for the defence = barriesters that represent the accused. they question the prosecution and give evidence on behalf of the defendant. chosen by defendant or (if unable to afford it) a state-appointed public defender
  • plaintiff = the person or group who is accusing another person or group of some wrongdoing
  • prosecution = has to prove the defendant's guilt.
    • counsel for the prosecution: barristers that present the evidence against the defendant.
  • witnesses = give evidence and may be cross-examined by the opposing side
  • the judge = decides the sentence. addressed with 'your honor'
    • magistrate = magistrates focus on carrying out the laws on a case-by-case basis, usually not high-level cases but cases such as property damage, traffic violations, etc.
  • jury = a body of citizens sworn to give a true verdict according to the evidence presented in a court of law
    • juror = a member of the jury
    • foreman/foreperson = the presiding member of the jury and the one who speaks on their behalf

also present:

  • members of the press
  • members of the public
  • prison officer (who escorts the defendant if they are in custody)
  • stenographer / shorthand reporter (who writes the certified transcript)

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PROFESSIONS:

  • grand jury = when someone is charged with a crime, a grand jury is a group that decides whether there's enough evidence to hold a trial
  • bailiff =
    • (US) a kind of court usher and security guard
    • (UK) carries out writs and executes repossession orders
  • lawyer / attorney
    • barrister = (UK) lawyer who speaks in the courts of law
    • solicitor = (UK) lawyer who gives legal advice

LAWS:

  • common law = law based on decisions judges made in the past, rather than on written statutes
    • precedent = a legal decision that influences subsequent decisions
  • gag order = a ruling stating that certain information can't be posted online or printed in newspapers (or sometimes, even discussed outside the court room), to ensure a fair trial
  • 14th amendment = all citizens have 'equal protection under the laws'
  • Miranda rule = the rule that police (when interrogating you after an arrest) are obliged to warn you that anything you say may be used as evidence and to read you your constitutional rights (the right to a lawyer and the right to remain silent until advised by a lawyer)
    • "You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you. Do you understand the rights I have just read to you?"
  • 5th amendment = imposes restrictions on the government's prosecution of persons accused of crimes; mandates due process of law and prohibits self-incrimination and double jeopardy; requires just compensation if private property is taken for public use
    • "to plead the 5th" = invoking one's right against self-incrimination, e.g. choosing not to take the stand in your own trial, or ending your witness report to not incriminate yourself. nobody may assume that the defendant's silence means admittance of guilt.
    • double jeopardy = the prosecution of a defendant for a criminal offense for which he has already been tried; prohibited in the fifth amendment to the United States Constitution
  • entrapment = when someone is tricked into committing a crime (it's illegal)
  • due process = the correct way of legally dealing with an individual that does not violate his constitutionally guaranteed rights

TERMS:

  • remand (2 definitions)
    • to imprison someone who's been arrested until they go to trial
    • refer a legal case to another committee or authority or court for decision
  • appeal = a legal proceeding in which the appellant resorts to a higher court for the purpose of obtaining a review of a lower court decision and a reversal of the lower court's judgment or the granting of a new trial
    • court of appeals = a court whose jurisdiction is to review decisions of lower courts or agencies
  • reprieve = postpone the punishment of a convicted criminal, such as an execution
  • grand jury = a panel to determine if a case should be brought to trial
  • slander / defamation = a false accusation or an attack on a person's character or good name
    • libel = published slander
  • writ = a legal document issued by a court or judicial officer
    • habeas corpus = a writ ordering a prisoner to be brought before a judge
    • writ of certiorari = a legal document requesting a higher court to review a case
    • writ of mandamus = an order from a court to an inferior government official ordering them to properly fulfill their official duties or correct an abuse of discretion
    • subpoena = a document that requires its recipient to appear in court as a witness
  • indictment = an accusation of wrongdoing; a formal document written for a prosecuting attorney charging a person with some offense
  • warrant = formal and explicit approval (e.g. search warrant, arrest warrant)
  • types of crime
    • felony = a serious crime (such as murder or arson) (1+ year in prison)
    • misdemeanor = a crime less serious than a felony
  • class action = a lawsuit brought by a representative member of a large group of people on behalf of all members of the group
  • dissent = the difference of one judge's opinion from that of the majority
  • docket = the calendar of a court; the list of cases to be tried or a summary of the court's activities
  • types of law
    • civil law = non-criminal legal code that covers private rights and disputes
    • criminal law = the legal branch that deals with crimes
  • plea = 'guilty' or 'not guilty'. a defendant's answer by a factual matter
    • demur(-rer, -ral) = a formal objection to an opponent's pleadings
    • insanity plea = a plea in which the defendant claims innocence due to mental incompetence at the time
    • plea bargain = a negotiation in which the defendant agrees to enter a plea of guilty to a lesser charge and the prosecutor agrees to drop a more serious charge
  • proprietor = someone who owns (is legal possessor of) a business

JAIL/PRISON:

  • probation = a trial period during which an offender has time to redeem himself or herself
      • probation vs parole: probation is part of the offender's initial sentence, whereas parole comes much later, allowing the offender early release from a prison
  • conjugal visit = the legal right in a prison for the inmate and spouse to spend time alone (have sexual intercourse)
  • bail = money that must be forfeited by the bondsman if an accused person fails to appear in court for trial
  • parole = a conditional release from imprisonment that entitles the person to serve the remainder of the sentence outside the prison as long as the terms of release are complied with

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vocab.com

feb 29 2024 ∞
mar 27 2024 +