trial courts
courts that listen to testimony, consider evidence, and decide the facts in a disputed situation
parties
the people directly concerned with or taking part in any legal matter
plaintiff
A person who brings an action in a court of law
prosecutor
the state or federal government's attorney in a criminal case
defendant
someone who has been accused of committing a crime
adversarial system
trial system in the U.S.
inquisitional system
the judge is active in questioning witnesses and controlling the court process, including the gathering and presenting of evidence
plea bargain
pretrial agreement btw the prosecutor and the defendant and their lawyer, disposes of the case without a trial
voir dire
opposing lawyers question each prospective juror to discover any prejudices or preconceived opinions concerning the case
removal for cause
after questioning each juror, the opposing attorneys may request the removal of any juror who appears incapable of rendering a fair and impartial verdict
peremptory challenges
the attorneys can have prospective jurors removed without stating a cause
appeals court
one party presents arguments asking the court to review the decision of the trial court
error of law
occurs when the judge makes a mistake as to the law applicable in the case
precedent
court decision that stands as an example to be followed in future, similar cases
dissenting opinion
states the reasons for the disagreement
concurring opinion
an additional written court opinion in which a judge or judges agrees with the decision reached by the court, but for reasons different from those used to support the majority opinion
probate courts
handle cases involving wills and claims against the estates of persons who die with or without a will
inherent powers
tribal powers that remain
delegated power
occasionally congress grants power such as enivronmental regulation, to a tribal group in a certain area
petitions for certiorari
a request of a lower court to send up its records
stare decisis
the rule that the precedent must be followed