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219 Cards in this Set

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Suppress
Restrain; Eliminate
Quash
To Subdue; Suppress; Eliminate
Diversion
Community service for first time drug users to dismiss case
Restitution
Settlement
Greivance Procedure
procedure to present the complaints
Material Witness
a person who apparently has information about the subject matter of a lawsuit or criminal prosecution which is significant enough to affect the outcome of the case or trial. Thus, the court must make every reasonable effort to allow such a witness to testify, including a continuance (delay in a trial) to accommodate him/her if late or temporarily unavailable
Attesting Witness
Declare that something exists or is the case; Provide or serve as clear evidence of
Docket Sheet
List of cases in court to be heard that day
Hearsay
1) second-hand evidence in which the witness is not telling what he/she knows personally, but what others have said to him/her. 2) a common objection made by the opposing lawyer to testimony when it appears the witness has violated the hearsay rule. 3) scuttlebutt or gossip.
Line Up
n. a law enforcement method used in an attempt to have a witness or victim identify a person suspected of committing a crime. The suspect is included in a line of people, including non-criminals and others (such as plainclothesmen, office clerks,
On Calendar
List of that day
Off Calendar
Removed/Never on list
Consecutive Sentence
Jail time done 1 at a time
Concurrent Sentence
Jail time done at the same time
Due Diligence
Reasonable steps taken by a person in order to satisfy a legal requirement, esp. in buying or selling something
Prowling
To roam or search stealthily
Null
Not valid
Appeal for Reversal
Back to original state
Miscarriage of Justice
Error judicial
Appearance Docket
List of appearances kept by clerk/court
Arrest of Judgment
Act of staying a judgment; Refuse to render a judgment
Bookmaking
A bookmaker, or bookie, is an organization or a person that takes bets on sporting and other events at agreed upon odds.
Engrossment
The final version of a legal document
Disposition
Plea bargain (possible solutions); Judges ruling; Resolution; the court's final determination of a lawsuit or criminal charge.
Affirmative Defense
a set of facts that limit or eliminate liability; response to a plaintiff's claim
Unanimity
All in agreement; Unanimous
Body Attachment
Written order to bring before the court: 1) witness fails to comply with subpoena, 2) party fails to comply with court order in civil action, 3) material witness in a criminal case
writ of body attachment; writ for civil contempt; warrant for a civil arrest
Bail Reinstatement
Restore to a former position or state
Bail Exoneration
Release from burden of bail
Dismissal with Prejudice
Court action that prevents an identical lawsuit from being filed later
Demurrer
Objection to introduction of any evidence; An assertion by the defendant that although the facts alleged by the plaintiff in the complaint may be true, they do not entitle the plaintiff to prevail in the lawsuit.
n.
Law. A method of objecting that admits the facts of the opponent's argument but denies that they sustain the pleading based upon them.

"to enter a demurrer"
Deterrance
Discouraging criminal acts by threatening punishment
Chambers
A judge's private room or office wherein he or she hears motions, signs papers, and performs other tasks pertaining to his or her office when a session of the court, such as a trial, is not being held.
Commissioner
A government administrator; Government official or representative in charge of a department or district
Furlough
Grant a leave to; Dismiss; A leave of absence
Forfeit Bail
To give upor lose bail
County Blues
Prison Clothes
Docket
Lista de Casos
Gavel
wooden hammer
Infraction
Minor violation of a rule, law, or obligation; Act of breaking; Breach; Violation
Judge Pro Tem
Officers of the court, and public officials are appointed or elected for certain time, not definitively
"for the time being"
Night Court
Criminal court (in large cities) that sits at night
Paralegal
Person trained in subsidiary legal matters but not fully qualified as a lawyer
Subsidiary
Assistant
Priorable Offense
Many sentencing schemes dramatically enhance a person’s sentence if he has been convicted in the past of certain kinds of prior offenses. A “priorable” offense is an offense that can count as a “prior” under such a scheme; the term is usually with some particular scheme, which is clear from context, in mind.
Railing
Painful; To utter abusive language; Act of abuse; A listing of all the criminal convictions against an individual
Roll Out
Presentación de presos
Sidebar Conference
When the judge talks confidentially to the lawyers in the place next to or in front of the judge's bench
Work Furlough
Authorized absense from work
Rap Sheet
The daily written record of events (as arrests) in a police station
A dime a dozen
Anything that is common and easy to get, of little value
All or nothing
A neuron either conducts an action potential or it does not.
All that glitters is not gold
Appearances can be deceptive and things that look or sound valuable can be worthless
All the more reason
Makes something even more justifiable
All's well that ends well
After a difficult situation is resolved, everything is well
Ask for the moon
Demanding the impossible; Asking for something that is extremely unlikely
At long last
As the end result of a succession or process
Back to the drawing board
Start again on a new design - after a failure of an earlier attempt
Bend the law
To cheat a little bit without breaking the law
Burn one's bridges
To destroy all possible ways of going back to a situation
Button your lip
Keep quiet and don't speak; A way of telling someone to shut up; Keep secret
By the skin of one's teeth
Just barely; By a very narrow margin; Hardly, scarcely, almost
Cash and carry
Policy created during WWII where allies must pay American items in full and transport them themselves
Charity begins at home
You should try to help your family and friends before you help other people; Do as you would be done
Cock and bull story
Unbelievable story; An unbelievable lie
Come to blows
Start fighting after a disagreement
Come to grips with something
To understand, accept, or deal with something difficult
Common law marriage
An informal type of marriage created by the parties themselves; A union of two people not formalized in the customary manner as prescribed by law but created by an agreement to marry followed by Cohabitation.
Down and out
Desperately poor and need help; No job or home
Eat someone out of house and home
Eat so much as to deplete someones resources; Little food is left for the owner
Foot the bill
Pay for the whole thing, bill
Forewarned is forearmed
If you know about something beforehand, you can prepare for it
From the school of hard knocks
Education one gets from life's usually negative experiences, often contrasted with formal education
Go on a binge
To do too much of something, such as eating or drinking
Green with envy
Very jealous or envious
Happy as a lark
Very happy (sometimes with the extra connotations of being carefree or unaware of grimmer realities)
In hot water
In big trouble
Life of riley
An easy and pleasant life
Second nature
Acquired behavior that is practiced so long it seems innate; A characteristic or habit that appears to be instinctive
To go against the grain
To irritate someone
Be knee-high to a grasshopper
To be very small or young
baker's dozen
13, not 12
As a cucumber
Calm; Cool
Raison d'être
Reason for being; Justification for existence
pièce de résistance
The main dish of a meall; The principal event, incident, or item; An outstanding accomplishment
Achilles heel
A weakness
Civil Action
legal action to protect a private civil right or to compel a civil remedy
Complaint
Formal written statement where plaintiff presents facts & demands relief
Plaintiff
Party who complains or sues; Injured party
File
Submit doc prepared by attorney to official custody of the clerk
Litigants
Parties to the suit (Plaintiff's & Defendant's)
Answer
Answer to the complaint; Plaintiff's version of incident
Litigation
Court proceedings; An action brought in court to enforce a particular right. The act or process of bringing a lawsuit in and of itself; a judicial contest; any dispute.
Summons
Procedure where ppl are notified that they're being sued & an answer must be filed by a given time
Writ
Formal command from the court which is delivered by a law enforcement officer ; An order issued by a court requiring that something be done or giving authority to do a specified act.
Pleadings
A formal statement of the cause of an action or defense
Joined
Parties have agreed to the basic issues constituting the dispute
Pre-Trial
Need as much info as possible
Discovery
Obtain info through interrogatories, depositions, motions - physical evidence
Depositions
Oral statements made under oath before an officer of the court & taken down in writing by reporter
Interrogatories
Written questions to opponent that require written answers under oath
Motion
Application made to the court for an order or ruling, judge will grant or deny motion
Hearing
Both sides argue before the judge in open court
Pre-Trial Conference
Meeting betwn attorneys for 2 parties, attorney's may settle the case
Motion for Judgment N.O.V.
Not withstanding the verdict; If party thinks the verdict is wrong, granted only if the evidence introduced at the trial fails to support the verdict of the jury - the judge uses the power to reverse the verdict instead of approving it
Office of the Chief Immigration Judge
Supervises & directs the activities of the Offices of the Immigration Judges
Deportation Hearing
Occurs when 1) respondent entered the country illegally; &/or 2) person entered the country legally with a visa but later violates a condition of the visa
Order to Show Cause (OSC)
Charging doc issued by the INS when they believe a respondent is deportable; When filed -> proceedings begin
a judge's written mandate that a party appear in court on a certain date and give reasons, legal and/or factual, (show cause) why a particular order should not be made. This rather stringent method of making a party appear with proof and legal arguments is applied to cases of possible contempt for failure to pay child support, sanctions for failure to file necessary documents or appear previously,
Bond Redetermination Hearing
Respondent has rt to ask judge to redetermine the bond; Judge can change any conditions of the bond (raise, lowered, maintained, or eliminated)
Exclusion Hearing
Involves person who tries to enter the US but is stopped at the point of entry because the person is found inadmissible; Applicant did not enter country; Burden of proof on alien
Rescission Hearing
If w/in 5 yrs the INS discovers that the applicant was not entitled to lawful permanent residence status
rescission has been defined as the unmaking of a contract between parties.[1] Rescission is the unwinding of a transaction. This is done to bring the parties, as far as possible, back to the position in which they were before they entered into a contract
Master Calender
Judge completes simple cases; & establishes whether deportability or admissibility of the applicant is a contested issue; & discusses other discretionary relief
Voluntary Departure
Respondents allowed to leave the country at their own expense within a time limit set by judge; Respondents are able to reenter the US w/ proper visa
Order of Deportation
Respondent is removed from the country at gov't expense; Respondent cannot reenter the country for 5 yrs unless granted a waiver
Request for Asylum
Respondent must prove a well grounded fear of persecution because of race, religion, nationality, political beliefs, or membership in a social club if they are returned to their country
Suspension of Deportation
Respondent has been living illegally in the US for at least 7 yrs; Must prove: good moral character, extreme hardship if returned to their country, 7 yrs of continuous physical presence
Adjustment of Status
Respondent is deportable but is eligible for lawful permanent resident status due to a number of factors (married to citizen)
Individual Calender
Judge determines deportability or excludability, each party given rt to waive or reserve appeal; Judges word is final if parties waive / appeal
ndividual Calendar Hearings.

Evidentiary hearings on contested matters are referred to as individual calendar hearings or merits hearings which may be scheduled at the first hearing. Contested matters include challenges to removability/deportability and applications for relief. At these hearings the alien has the ability to introduce evidence and call witnesses to support any claims for relief they may have. Aliens also have the ability to object to the government’s evidence and cross-examine the government’s witnesses. After the alien and the government have presented their cases, the Immigration Judge will either enter an oral ruling at the conclusion of the hearing or issue a decision at a later date.
Minute Order
Form order given to parties after Individual Calender hearing for deportation; Summarizes judges decision
A minute order is often the court's answer to a party's request.
Bag-and-Baggage Letter
Letter to leave the country within 30 days
Conscription
is the compulsory enrollment of people to some sort of national service, most often military service - DRAFT
Indigent
Poor, Needy
O.R. - Own Recognizance
the basis for a judge allowing a person accused of a crime to be free while awaiting trial, without posting bail, on the defendant's own promise to appear and his/her reputation. The judge may consider the seriousness of the crime charged, the likelihood the defendant will always appear, the length of time the person has lived in the area, his/her reputation in the community, his/her employment, financial burdens, and the demeanor of the accused. In minor crimes, traffic offenses, and technical law violations such as leaky septic systems, judges routinely grant release on one's own recognizance.
Political Asylum
Protection granted by a nation to someone who has left his native country as a political refugee
Recidivist
A convicted criminal who reoffends; a repeat criminal offender, convicted of a crime after having been previously convicted.
Larceny
Theft
Bench Jury
Decided by judge
Admonished
to caution or advise against something; warn
Affidavit
Written statement made under oath (for use as proof in a court of law)
Affiant
A person who signs an affidavit and swears to its truth before a notary public or some person authorized to take oaths
Assailant
A person who attacks, that is hostile
Assess
Evaluate/estimate the value or amount of damages
Attempt
To try; to make an effort
Attend
to go to or be present at
Bear Upon
Have an effect upon
Biased
Favoring one side unduly; prejudiced
Binding
Executed with proper legal authority; Having legal ability to force someone to do something
Booked
To enter in a book or list; Record; Register
Breaking and Entering
Trespassing for an unlawful purpose
Recess
Break
Burglary
Entering a building unlawfully with intent to commit a felony or to steal valuable property
Burden of Proof
Duty of proving an assertion; Obligation to provide evidence to prove that someone is guilty or not guilty
Auto Burglary
Desvalijamiento/Desmantelamiento de vehículo
Charge
Make an accusatory claim; File a formal charge against someone
Complaint
Document of accusation of a crime, sworn allegation (Criminal law) a pleading describing some wrong or offense;(Civil law) the first pleading of the plaintiff setting out the facts on which the claim for relief is based
Confirmed the Content
To make valid by necessary formal approval; Approved by the court
Confiscate
Take temporary possession of as a security, by legal authority; To seize by force if necessary; To take possession of
Seize
Take temporary possession of as a security, by legal authority; To seize by force if necessary; To take possession of
Impound
Take temporary possession of as a security, by legal authority; To seize by force if necessary; To take possession of
Consistent
Constant; Remaining the same; Showing the same behavior all the time
Consult with
To seek advice or information from; Ask guidance from; To refer to for information
Nolo Contendere
A plea by which a defendant in a criminal prosecution accepts conviction as though a guilty plea had been entered but does not admit guilt
Conviction
(Criminal law) A final judgment of guilty in a criminal case and the punishment that is imposed
Counsel
A lawyer who pleads cases in court; Advice; Guidance; Legal adviser
Custody
Take temporary possession of as a security, by legal authority; To seize by force if necessary; To take possession of
Demeanor
Behavior; Manner of conducting oneself
Discretion
The power or right to decide or act according to one's own judgment; Freedom of judgment or choice (w/in officer's ~)
Disprove
To show that something is not what it has been claimed to be; Refute; To prove false
Entitled
Qualified for by right according to law; To be given the right to have or receive something
Duty
Work that you are obliged to perform for moral or legal reasons
Filed
(n) The papers that make up the record of a case;(v) To deposit with the clerk of the court a written complaint or petition
Foregoing
Going before; Preceding; Previous
Grant
Allow to have; Any monetary aid
Hereby
By means of this declaration, document or action; by means of, by the aid of, by virtue of, through, through the medium of, whereby
Indict (Indictment)
Accuse formally of a crime
Law Enforcement
The activity of making certain that laws are obeyed
Lawsuit
Legal case brought to settle a dispute between people or groups
Mitigate
To make less severe
Overruled
Ruled against
Parole
Conditional release from prison, serve remainder of sentence outside of prison
Plea
The answer given in court by a person accused of crime
Probation
A way of dealing with offenders without imprisoning them
Proceedings
Steps in a court hearing or trial
Prosecuted
To bring charges against someone for a crime; Present evidence to prove a persons guilt
Prosecuting Attorney
Lawyer representing the STATE in a criminal trial
Criminal Record
Record of a person's crimes
Rehearing
Request w/in 14 days of getting commissions initial decision; Must show (3): Importance of new info, Why it wasn't presented before, & Why it will help case
Robbery
Wrongful taking of someone's property by threatening violence or using violence
Subpoena
Written order requiring a witness to appear in court
Sentenced
Told the punishment we get for being found guilty
Sustained
Judge agrees w/ objection; Upheld as valid, just, or correct
Undersign
Person/s who sign at the end of a letter/document
Warrant
Writ from a court commanding police to perform specified acts
Probable Cause
Belief that defendant commited a crime; Sufficient evidence to warrant an arrest/search/seizure
Summons
Defendant order to appear at a given place & time
Apprehension
Arrest of an individual on criminal charge; Fearful expectation or anticipation
Redirect
Direct defendant again; Further examination of a witness after cross-examination, carried out by the party that first called the witness.
Arraignment
Formally accused of an offense; Proceeding where a def is brought to court, told of the charges in an indictment or information, & asked to plead guilty or not guilty
Arraignment is usually a criminal defendant's first appearance in court or before a judge on a criminal charge. At arraignment, the charges against the defendant will be read or the defendant will be asked if he/she is aware of the charges against them, and will be asked how they wish to plead. It is not a hearing to determine guilt or innocence.
Assault
Threatened or attempted physical attack by someone
Information
Written accusation; Formal charging doc; Made by prosecutor; No jury
indictment
A written accusation charging that an individual named therein has committed an act or omitted to do something that is punishable by law; Written accusation by a grand jury
True Bill
Indictment approved by a grand jury; n. the written decision of a grand jury (signed by the grand jury foreperson) .Prosecutor has presented enough evidence to establish probable cause
n. the written decision of a grand jury (signed by the grand jury foreperson) that it has heard sufficient evidence from the prosecution to believe that an accused person probably committed a crime and should be indicted.
No Bill
Grand jury's refusal to approve an indictment filed by the prosecutor; Prosecutor didn't present sufficient evidence to prove guilty
Prima Facie
Did show enough evidence to prove guilty
Prima facie is a Latin term meaning "at first look," or "on its face," and refers to evidence before trial which is sufficient to prove the case unless there is substantial contradictory evidence shown at trial. A prima facie case must be presented to Grand Jury by the prosecution in order to get an indictment.
Initial Appearance
1st appearance of arrested suspect before a judge for consideration of bail
Preliminary Hearing
1st screening of criminal charge in Fed. court to decide if: Continue w/ case; Post bail; Held on trial
a proceeding, after a criminal complaint has been filed by the prosecutor, to determine whether there is enough evidence to require a trial.
Discovery
Physical evidence
Motion
Oral/Written request asking court to make a certain finding, decision, or order
Motion to Dismiss
Def. request to dismiss charges because indictment wasn't validly brought
Motion to Supress
Def. requests to not allow certain evidence because it was obtained ilegally
Motion for a Change of Venue
Def. feels that conditions of judicial district will not allow fair trial; Requests to be transered
Dismiss
Declare void
Restitution
Sum of money paid in compensation for loss or injury; Act of restoring something to its original state
Assessments
Evaluation or appraisal of something
Plea Bargain
Enter a plea not accepting all charges; Guilty w/ certain considerations
Guilty Plea
Answer to formal charges by accused, must give up certain rights
Plea Agreement
Terms of the plea; Doc. signed by both parties
Presentence Investigation Report (PSI)
Info of the Def. background mental conditions
Voir Dire
Jury selection process; Preliminary questions that trial attorneys ask prospective jurors to determine whether they are biased or have any connection with the defendant or a witness
Voir dire is a Latin term meaning "to see or speak". Voir dire is a legal procedure conducted before trial in which the attorneys and the judge question of prospective jurors to determine if any juror is biased and/or cannot deal with the issues fairly, or if there is cause not to allow a juror to serve.
Challenge for Cause
Dismissal of juror because they are biased, have prior knowledge, not fair
Peremptory Challenge
Dismissal of juror by either side for unexplained reasons; Each side gets certain amt
Sequence of Questions
1. DIRECT (try to get story from indiv) 2.CROSS EXAMINATION (Emphasize Inconsistencies, but only questions from Direct) 3.REDIRECT (Clarification of misapprehensions in Cross) 4.RECROSS (Limited to clarification of Redirect)
Sidebar Discussions
Consultation w/ the Judge at bench
Closing Arguments
Argue what did prove & what other party failed to prove
Provision
Stipulation, Rule, Qualification
Reformed
To improve the way society/person runs; To change; Amended
Garnishing
to obtain a court order directing a party holding funds (such as a bank) or about to pay wages (such as an employer) to an alleged debtor to set that money aside until the court determines (decides) how much the debtor owes to the creditor. Garnishing funds is also a warning to the party holding the funds (garnishee) not to pay them, and to inform the court as to how much money is being held. If the garnishee (such as a bank or employer) should mistakenly give the money to the account owner or employee, the garnishee will be liable to pay the creditor what he/she/it has coming.
Garnishing wages is a typical means used to collect late child support and alimony payments, or money judgments.
Prosecution
Gov't body that brings charges against a person accused of breaking the law
O.R. Motion
Own Recognizance