Burden of proof
the duty of a party in a court case to prove its position
preponderence of the evidence
the amount of evidence necessary for a party to win in a civil case; proof that outweighs the evidence offered in opposition to it
beyond a reasonable doubt
the standard used to determine the guilt or innocence of a person criminally charged. to prove a defendant guilty, the state must provide sufficient evidence of guilt such that jurors will have no doubt that might cause a resonable person to question whether the accused was guilty.
civil case
concerns private rights and remedies and usually involves private parties or organizations, athough the government may be involved,
ex: A personal injury suit, a divorce, a child custody dispute, a breach-of-contract case, a challenge to utility rates and a dispute over water rights.
criminal case
involves a violation of penal law. If convicted the lawbreaker may be punished by a fine, imprisonment or both.
Ex: rape, murder, armed robbery, speeding, jaywalking, embezzlement
original jurisdiction
the power to try a case being heard for the first time.
-the authority of a court to consider a case in the first instance; the power to try a case as contrasted with appellate jursidiction
-it involves following legal rules of procedure in hearing witnesses, viewing material evidence and examining other evidence to determine guilt in criminal cases or responsibilty in civil cases.
Appellate jurisdiction
refers to the power of an appellate court to review the decisions of a lower court
-the power vested in an appellate court to review and revise the judicial action of an inferior court
trial
involves the determination of fact and the application of law
briefs
a written argument prepared by the counsel arguing a case in court that summarizes the facts of the case, the pertinent laws and the application of those laws to the facts supporting the counsel's position
double jeopardy
A second prosecution for the same offense after acquital in the first trial
Texas Supreme court
the final court of appeals in civil and juvenile cases