a legal system in which the plaintiff and defendant oppose one another in front of a neutral party – the judge or the jury

the Court of Appeals or Supreme Court upholds the decision of the lower court so the outcome stands and nothing is changed

in a civil case, the pretrial attempts to reach a settlement by working out the complaint outside of the courtroom; this is a non-binding process, so a trial will still occur unless an actual settlement is reached

a formal, permanent change to the Constitution or another law; the U.S. Constitution has been amended 27 times; Amendments 1-10 are referred to as the Bill of Rights

the defendant’s response to the complaint in a civil case

those people opposed to the U.S. Constitution prior to its adoption in 1789; they believed the Constitution gave too much power to the federal government and took too much power away from the states

a request by the losing party in a lawsuit for a higher court to review the decision of the lower court

the party who files an appeal

an Article III judge who presides over cases in the U.S. Circuit Courts of Appeals

the power of a court to review a case after a lower court has already decided that same case

the party defending against an appeal

a court proceeding in which the accused party pleads either guilty or not guilty; may be in front of a magistrate judge or a district judge in the federal court system

a written order from the court authorizing law enforcement to arrest the individual named on the warrant

federal courts that are established under Article III of the Constitution; they only have the power to hear cases in which they have clear authority, given to them by the Constitution; Article III courts include U.S. District Courts, U.S. Circuit Courts of Appeal, and the U.S. Supreme Court

as stated in Article III of the U.S. Constitution, these judges are appointed by the President, with the advice and consent of the Senate; they hold their position for life unless they are impeached, and they can’t have their salary reduced while in office; Article III judges preside over Article III courts

the first constitution of the U.S.; it consisted of only one legislative body, and it gave the federal government extremely limited power; in effect from 1781 to 1789

an amount of money that is paid to the court by the defendant in order for the defendant to be released from jail until the trial; also called bond.  This money is an assurance by the defendant that he or she will come back to court for trial and to fulfill other conditions ordered by the court.

legal process by which persons or businesses that cannot pay their debts can seek the assistance of the court in getting a fresh start

an officer of the district court who presides over the bankruptcy cases filed in that district; appointed by the judges of the court of appeals for the circuit in which the district is located; not an Article III Judge

a case which is not heard by a jury but rather by a judge alone; in the federal system parties are given the option of consenting to a bench trial

this is the burden of proof on the government in a criminal case; the jury must believe that the defendant is guilty “beyond a reasonable doubt,” meaning that no reasonable person could doubt that the defendant committed the crime

the lawmaking body of the United States, also known as Congress, which consists of two houses: the House of Representatives (representation based on population) and the Senate (equal representation for each state)

the first ten amendments to the U.S. Constitution added in 1791; they detail what are commonly known as our basic “civil liberties”

a written summary, memorandum, or argument submitted to the court, usually by one of the parties in a lawsuit; in the case of an appeal, it explains why the party believes the trial court erred

in a legal case, it is the obligation of one party to offer sufficient evidence in their support; failure to meet this standard will result in a loss of the case

the burden of proof on the plaintiff in a civil case; the jury must believe it is more likely than not that the defendant is liable for the damages done to the plaintiff

a criminal case that involves the death penalty as punishment

a judge-issued document that sets all dates and deadlines for the case: for example, when parties must turn in briefs and when the trial will occur

the portion of the trial in which the party with the burden of proof presents its evidence to the jury, or to the judge in the case of a bench trial

each branch of the U.S. government has powers that allow it to “check” (control) the actions of the other two branches through a system of regulation and limitation

U.S. District Courts and U.S. Circuit Courts of Appeals each have a chief; the chief position is based on seniority and the term is seven years

the judge who has primary responsibility for the administration of the Supreme Court; must be appointed by the president and confirmed by the Senate for a life term

one of twelve regional Courts of Appeals across the U.S. that hear federal cases that have been appealed from the District Courts

a lawsuit in which a party (person, business, group, or government) sues another party for causing a harm; the first party can seek money to recoup its injury or ask the court to order the other party to do something (or stop doing something)

final statement of the outcome of a civil case; will include the decision of the jury or judge; may include an amount of monetary damages due to the plaintiff if the case was resolved in their favor

a member of the court personnel who ensures everything is in place in the courtroom and that the trial flows smoothly; attends to the jury, organizes forms and documents, etc.

rule that brings an end to the debate of a proposal in either house of the legislature; causes an immediate vote to be taken and thus can end a filibuster

final in-court trial proceedings in which each attorney summarizes the case for the jury and draws attention to facts that support a decision in their favor

a set of ethical principles and guidelines to be followed; federal judges in the U.S. court system follow the Code of Conduct for United States Judges; all employees of the U.S. Court system follow the Code of Conduct for Judicial Employees

a legal system in which judges base their decisions on previous court rulings in similar cases; the U.S. has a common law system; to be contrasted with a civil law system, in place in most of South America, East Asia, and Europe

a written statement by the plaintiff in a civil case that clearly states the wrongs allegedly committed by the defendant

a judge’s explanation why he or she agrees with the majority opinion, but either for different reasons than the majority or to emphasize a point

a 6^th Amendment right stating that the defendant and the defense attorney have the right to cross-examine (question) all witnesses testifying against them in court

the legislative branch of the federal government; responsible for making laws; made up of two houses: the House of Representatives (representation based on population) and the Senate (equal representation for each state)

iconic document that succeeded the Articles of Confederation as the supreme law of the United States, in effect since 1789

a 1787 meeting in which 12 of the 13 U.S. states sent delegates to Philadelphia in order to form a new constitution

used to interpret languages in the courtroom when a significant party (witness, defendant, plaintiff, etc.) does not speak English

a transcriber who keeps a specific record of everything said in the courtroom during trial; also known as a “stenographer”

a case in which a defendant is accused of breaking a law, gets arrested, and is prosecuted by the government

during testimony, the attorney for the opposing party is allowed to question each witness following their direct examination

a decision in favor of the plaintiff because of the defendant’s failure to respond to the complaint

the party being accused of committing a crime in a criminal case, or the party being sued for allegedly causing a harm in a civil case

an attorney who represents the defendant in a case

a power of the federal government that is specifically mentioned in the Constitution; delegated powers are discussed in the 10^th Amendment

verb – to deliberate; the jury’s private discussion of the case during which they come to a decision

oral statements (often made by witnesses in the case) made under oath, before authorized legal personnel before trial; the information is used for discovery and, often, for trial; usually takes the form of a interview between a lawyer who asks questions and a witness who answers them

a court proceeding in which the judge decides whether the defendant must be kept in custody before trial, or released on bond until trial

the initial questioning of the witness by the attorney for the party who asked them to testify; the first round of questioning for each witness

the requirement that both parties reveal to one another certain information they’ve collected about the case

the process before trial in which attorneys learn about the opponent’s case, evidence, and documents in preparation for trial

a judge’s explanation for his or her disagreement with the majority’s decision (U.S.) District Court: the trial level courts of the federal court system; there are 94 judicial districts in the United States and its territories; the district courts are Article III Courts; they handle civil and criminal cases; each district also has a bankruptcy court

the trial level courts of the federal court system; there are 94 judicial districts in the United States and its territories; the district courts are Article III Courts; they handle civil and criminal cases; each district also has a bankruptcy court

an Article III judge appointed by the President and confirmed by the Senate who hears cases concerning federal law in one of 94 U.S. District Courts

one of the ways a case can be heard in federal court: if the parties involved in the case are from different states or countries and at least $75,000 in damages is at stake

the principle that a citizen cannot be tried twice for the same crime, which comes from the text of the Fifth Amendment to the U.S. Constitution

the principle that the government must respect a person’s constitutional rights before it deprives that person of life, liberty, or property

portion of the 14th Amendment to the U.S. Constitution that indicates states cannot deprive any person of life, liberty, or property, without due process of the law; in some cases, it has been interpreted to mean that the states must follow  the Bill of Rights

the action that finalizes the jury selection process; after the jury is “empaneled,” it receives instructions then trial may begin

an appellate rehearing by all of the judges in the appeals circuit, rather than by only the three-judge panel, which is the usual practice

portion of the 14th Amendment to the U.S. Constitution that indicates states cannot deprive any person within its jurisdiction of equal protection of the laws; has been interpreted to mean that all people have a right to be treated equally under the Constitution

documents or testimony presented during trial in order to persuade the jury to decide the case in favor of one side or another

the legal rule that excludes the admission of certain evidence into trial; usually, the evidence was collected from an illegal search

the branch of government that is headed by an elected president; its main function is to enforce the laws of the nation

testimony of a qualified professional who can help the judge and jury understand the specialized details of the case

testimony of someone who observed the actual occurrence of the alleged crime

crimes that break a law of the U.S. government, and are thus prosecuted in the federal court system; to be contrasted with crimes that break a law of a particular state

an attorney in each federal judicial district, appointed by the court of appeals of the circuit in which the district is located, to represent individuals who are prosecuted in the federal courts who are unable to pay for an attorney; there are also usually several assistant federal public defenders in each district

cases that raise a “federal question” are heard by a federal court, and these cases involve the U.S. government, U.S. Constitution, or other federal laws

a system of government in which power is divided between the federal government and the many individual state governments

those people in favor of ratification of the U.S. Constitution prior to its adoption in 1789; they believed that a stronger national government was necessary after the failed Articles of Confederation, but safeguards such as limited government, separation of powers, and checks and balances would keep the government from gaining too much power

a serious crime which carries a possible jail term of more than one year

the stall or delay of a vote in either house of the legislature

a jury-selected spokesperson who will serve as their organizer and leader

the general phrase for the freedoms guaranteed in the 1^st Amendment which preserve individual liberty and the ability to express and communicate ideas free from government intrusion; includes freedom of speech, freedom of the press, freedom of religion, freedom of assembly, and freedom of petition

a legal rule related to the Exclusionary Rule that states that if the primary evidence was found during an illegal search, then usually, evidence collected based on the illegal evidence is also excluded from trial.

the power of state courts to hear all cases not specifically selected for federal courts

a large jury (usually 23 citizens) that determines if there is enough evidence to charge a defendant with a crime

a defendant’s admission that the accusations are true

evidence presented by a witness who did not hear nor see the event in question, but heard about it from someone else; hearsay is usually not allowed

a witness who has things to say that are helpful to one of the parties, but who doesn’t want to say them; for example, when the plaintiff calls the defendant onto the stand as a witness, the defendant is referred to as a “hostile witness”

one house of the Congress, the legislative branch; the states are represented based on population with each state having at least one representative; the House has 435 voting members

the process described in the Constitution by which high officers of the U.S. government may be accused, tried, and removed from office for misconduct;  the House of Representatives is responsible for the inquiry and formal accusation, and the Senate is responsible for the trial

a legal doctrine that was prescribed by a Supreme Court case; the process of making most of the Bill of Rights apply to states as well as the federal government

to bring a formal accusation against someone, as a means of bringing that person to trial

the defendant’s first appearance in court in which charges are officially brought against the individual

witness testimony that is unrelated to the issue in question; irrelevant evidence is not allowed

an officer of the judicial branch of government; the job of judge is to decide and rule on issues of law (and sometimes issues of fact) during the course of a lawsuit

the branch of government that is made up of the system of courts that interpret and apply the law

a set of ethical principles that all judges agree to abide by when they take office

a principle that protects judges from the influence of other government branches and popular opinion, allowing them to make decisions based on what is right under the law without facing political or personal consequences

the authority of a court to review the actions and laws established by the other two branches of government, and to determine whether the law or action is inconsistent with a more fundamental law, namely the U.S. Constitution

a legislative act of Congress that set the size of the Supreme Court at six—one Chief Justice and five Associate Justices

a legislative act of Congress that set the number of justices of the Supreme Court at nine, which remains true today

the power of a court to hear and decide a case

procedural rules for deliberation given to the jury by the judge; also called the Charge to the Jury

average citizens who are called upon to hear the evidence presented by both sides at trial and render a decision on the case; sometimes called the “finder of fact” in the court of law

a 5^th Amendment protection of private property; the government cannot take property without paying a fair price

a 6^th Amendment right stating that an accused person has the right to know the “nature and cause” of the accusation against them

a court case of particular public interest that is studied because of its historical and legal significance; a case that set a particular precedent to be followed

rules that give direction to all people living in a community; they exist at the federal, state, and local levels

the branch of government that is made up of the two houses of Congress in the United States; responsible for making the laws for the nation

the principle that the power of the government is restrained by the Constitution; a system of government in which the government is given only the powers specifically listed in written documents

a check on the power of the federal courts in which they can only hear certain kinds of cases

a judge of the district court who conducts initial proceedings and conducts many pretrial matters on behalf of district judges in order to lighten the caseload and streamline the federal judicial process; not an Article III judge

a kind of Alternative Dispute Resolution where an impartial person helps the parties to a lawsuit work out their differences without going to trial

a minor crime punishable by a fine or prison sentence of less than one year

a judge selection process in several Missouri counties (including St. Louis city, St. Louis County, and St. Charles County) in which a judicial commission composed of citizens, lawyers, and a judge submit three qualified judicial nominees to the governor, who then chooses which nominee will fill the vacancy

a motion asking the judge to exclude specific evidence from being used by the opposing party at trial

a motion asking the judge to force the opposing party to share certain evidence

a defendant’s rejection of the criminal accusations

refers to the affirmation of truth that a witness swears by before offering testimony

a party’s formal opposition to the way a question is asked or the content of an answer when the lawyer’s questioning of a witness in a trial or hearing is not following the rules of evidence

a 6^th Amendment right stating that the defendant in a criminal case has a right to introduce witnesses in his or her defense

these oral statements begin the trial; attorneys give the jury an overview of the case they intend to present

a written statement explaining the legal reasoning for a judge’s decision; in an appealed case before a panel of judges, the opinion of the court reflects the majority decision of the judges

in some appellate cases, each party presents their arguments aloud to a panel of appellate judges

the power of a court to hear a case first, before any other court hears the case

if an objection is overruled by the judge, the attorney can continue with the question, and the witness must answer

a practice eliminated at the federal level by the Sentencing Reform Act of 1984; the practice still exists in some state systems; the process of granting early release of a prisoner before the term of the sentence is served in full

during the voir dire process, removal of a juror for no stated reason; there are only a limited number of peremptory strikes allowed for each party

willfully providing false testimony (lying) under oath

average citizens who are called upon to hear the evidence presented by both sides at trial and render a decision on the case

forms and documents submitted that explain why a case should be heard in front of the U.S. Supreme Court

physical objects and documents used to prove or disprove issues; e.g., DNA, fingerprints, photographs, etc.

the person or party who files the complaint in a civil case; in a criminal case, the plaintiff is the government

a legal situation in a criminal case in which the prosecutor and defendant make a deal; usually the defendant pleads guilty to a charge in return for some concession from the prosecutor, such as the prosecutor’s recommendation of a shorter sentence

a legal decision that establishes a principle or rule, which will be followed in all similar cases in the future

if a person has been found guilty, a report is prepared by a probation officer detailing information about the offense and about the person’s background and history; the judge then uses the report, the U.S. Sentencing Guidelines, and other factors to determine the appropriate punishment for each individual situation and person

motions or arguments made to the judge before the case even begins, seeking rulings from the judge on certain issues

actions that occur before the start of trial; most legal work occurs during this stage of the legal process

assists the judge in a case by gathering background information on the defendant in order to help the judge decide whether or not the defendant should be released on bond under certain conditions until trial

government non-interference in your daily life

Latin for “for the public good”; legal work or legal resources that are provided by an attorney at little or no cost

researches and prepares a pre-sentence report that is used by the judge to determine proper punishment for a guilty defendant; supervises defendants in the community and provides rehabilitation through education, job training, drug treatment, etc.

Latin for “on one’s own behalf”; a defendant who represents oneself in a case, without a lawyer

the amount of evidence of wrongdoing usually needed to conduct a search, make an arrest, or get an arrest or search warrant; the words “probable cause” come from the text of the 4th Amendment to the U.S. Constitution

a power that is specifically denied to the states; prohibited powers are discussed in the 10^th Amendment

an attorney who has the responsibility of prosecuting criminal cases on behalf of the government and its citizens; see also United States Attorney

the type of expression that is allowed under the 1^st Amendment; includes offensive speech and political opinions

an attorney employed by the government to represent people accused of crimes who cannot afford to pay an attorney on their own; the 6th Amendment guarantees the right to an attorney if accused of a crime (See also Federal Public Defender)

the process by which something is officially approved

the standard that must be met in order to search a student at school; this criterion was established by in 1985 by the case New Jersey v. T.L.O.

a judge’s own withdrawal from a case due to potential bias or potential perception of bias

the final questioning of a witness during which the party who first questioned the witness has an opportunity to address any issues mentioned in the opposing attorney’s cross examination

the Court of Appeals or the Supreme Court sends the case back to the lower court for some further action or a new trial

during the voir dire process, grounds for juror removal because something in their past experiences may not allow them to be impartial during the trial

verb – to rest, to rest your case; a party rests when there is no more evidence to be presented in the case

under the Missouri Non-Partisan Court Plan, a popular vote on whether or not to retain or remove a judge from the court

the Court of Appeals or the Supreme Court overturns the decision of the lower court, granting the appellant’s petition

a 6^th Amendment right stating that people have the right to an attorney in most criminal cases

a guiding principle that the Supreme Court justices use to decide whether or not to hear a certain case; if four of the nine justices agree that the case has value, they will take on the case

the federal set of rules that govern civil and criminal proceedings; ensure that all evidence considered in the resolution of the case is collected and presented in a fair and truthful manner

the decision of the judge

a court-issued authorization that specifically states the location, person, and purpose of the government’s search

the act of testifying or witnessing to the truth when that testimony will expose the speaker to punishment for a crime; people are protected against self-incrimination by the 5^th Amendment

one house of the Congress, the legislative branch; the states are represented equally with each state having two senators; the senate has 100 voting members

a permanent, standing committee of the U.S. Senate that investigates judicial nominees and makes recommendations to the full Senate about whether or not to confirm the nominee

Article III judges may voluntarily assume senior status after performing 15 or more years of service, and after reaching age 65; senior judges continue to work with a reduced caseload

court-ordered punishment for a convicted criminal defendant

standards designed to advise federal judges about appropriate punishments for convicted criminals; the guidelines take the nature and severity of the offense and the criminal history and background of the defendant into account

the principle that the authority of the U.S. Government is divided between three branches, each possessing its own powers and duties

in a civil case, the plaintiff’s official delivery of the complaint to the defendant in person or electronically

in a civil case, the agreement between two parties that resolves their dispute without ever having a trial

a 6^th Amendment right stating that a trial for someone accused of a crime must take place promptly after incarceration and the trial must be open to the public

means “let the decision stand” in Latin; a principle that encourages courts to stay consistent with precedent by deciding a current case should turn out the same way a similar case turned out in the past

the final stage of pretrial; phase of a civil case in which both parties meet with the judge to discuss how they are proceeding in preparation for the trial

a law created by the legislative branch through the lawmaking process

the source of law that comes from the legislature in which the lawmaking body passes a bill into law

a judge’s ruling in favor of one party, because no facts are in dispute, so there is no need for a trial; one or both parties can file a “motion for summary judgment” asking the judge to rule in their favor

a term that may be assigned as part of a criminal sentence, to follow release from, or in place of, a term of imprisonment; during the term of release, the offender will be supervised by a probation officer and will be required to adhere to various conditions

in criminal cases, the exclusion of evidence, statements, or other information that was obtained in violation of the defendant’s constitutional rights

the highest court in the nation, and the only court specifically established in the United States Constitution

an Article III judge who presides over cases in the U.S. Supreme Court

a freedom of speech standard that was established by the Supreme Court after hearing Tinker v. Des Moines Independent Community School District in 1969; public schools can restrict certain disruptive speech but must meet the standard of the “Tinker Test” before legally restricting students’ freedom of expression

the only crime actually defined in the U.S. Constitution; defined in the Constitution as levying war against the United States, or giving aid to U.S. enemies

a 6^th Amendment right stating that a jury composed of the accused person’s peers shall decide the outcome of the case

an adversarial court in which witnesses testify, juries serve, and judges preside; see also U.S. District Court

refers to the idea stated in the 9^th Amendment that rights that are not specifically enumerated may still exist, therefore there may be individual rights in existence that are “unenumerated”

an attorney in each federal judicial district, appointed by the president, to prosecute cases on behalf of the federal government; there are also usually several assistant U.S. Attorneys in each district (see also Prosecuting Attorney)

in charge of federal judicial security, including courthouse security, transportation of incarcerated defendants, serving of warrants, and arrest of accused persons

the unwarranted search or taking of your belongings without sufficient cause; by definition, an “unreasonable” search or seizure is a violation of 4^th Amendment rights

the type of expression not allowed under the 1^st Amendment; includes true threats and obscenity

when a rehearing en banc is granted, the former opinion of the three-judge panel of the Court of Appeals is removed from the record, or “vacated”

the decision of a jury, or of a judge in the case of a bench trial

legal phrase from the French words meaning “to speak the truth”; the process of questioning and selecting an impartial jury for a trial

someone who has personal knowledge of a situation that may be helpful to the jury in deciding the case

testimony of a person who has personal knowledge of relevant information

a legal order from a high court for a lower court to send the records of the case to them for review

an order from a high court to any lower court or public authority to do some specific act it is supposed to do or to stop doing something that is against the law