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June 30, 2018

Trial

Interlinked Thematic Vocabulary Unit Nº 309 v.2
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      Main Definitions

  1. judgement 1 |UK| / judgment 1 |US| |n| the ability to judge, make a decision, or form an opinion objectively, authoritatively, and wisely, especially in matters affecting action; good sense; discreción.
  2. judgement 2 |UK| / judgment 2 |US| |n| a judicial decision given by a judge or court.
  3. trial |n| the formal examination before a competent tribunal of the matter in issue in a civil or criminal cause in order to determine such issue.
  4. jury trial / trial by jury |n| a lawful proceeding in which a jury makes a decision or findings of fact. It is distinguished from a bench trial in which a judge or panel of judges makes all decisions.
  5. bench trial |n| trial without a jury in which a judge decides the facts.
  6. mistrial |n|a trial that becomes invalid, is essentially canceled, because of a mistake in procedure.


      Trial Elements

  1. acquit / acquittal |n| a legal determination that a person who has been charged with a crime is innocent.
  2. adjudicate |v| to decide judicially in court.
  3. affidavit|n| a written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  4. allegation |n| something that someone says happened.
  5. appeal |n| a request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  6. arraignment |n| when the accused is brought before the court to hear the charges against him or her. They plead guilty or not guilty at this time.
  7. bail |n| the temporary release of an accused person awaiting trial, sometimes on condition that a sum of money is lodged to guarantee their appearance in court.
  8. "He has been released on bail."
  9. capital offense |n| a crime punishable by death.
  10. circumstantial evidence|n|all evidence except eyewitness testimony.
  11. charge |n| an accusation that someone has broken the law.
  12. charge to the jury |n| the judge's instructions to the jury concerning the law that applies to the facts of the case on trial.
  13. complaint |n| a written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  14. conviction |n| a judgement of guilt against a criminal defendant.
  15. continuance |n| put off trial unitl another time.
  16. crime |n| an act punishable by law; usually considered an evil act..
  17. “The police need the public’s help to solve crimes.”
  18. counsel |n| legal advice; a term used to refer to lawyers in a case.
  19. court |n| government entity authorized to resolve legal disputes. Judges sometimes use "court" to refer to themselves in the third person, as in "the court has read the briefs."
  20. cross-examination |n| the questioning of a witness by the lawyer for the opposing side.
  21. defend |v| to deny or oppose the right of a plaintiff in regard to (a suit or a wrong charged).
  22. defense table |n| the table where the defense lawyer sits with the defendant in the courtroom.
  23. deposition |n| an oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
  24. direct-examination |n| the first questioning in a trial of a witness by the lawyer who called that witness.
  25. discovery |n| lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  26. docket |n| a written list of all important acts done in court with regard to an individual case from the beginning to end.
  27. evidence |n| something that furnishes proof, a testimony; specifically something legally submitted to a tribunal to ascertain the truth of a matter. 
  28. ex parte | by, or for, or on the request of one party only, without notice to any other party.
  29. forensic |adj| relating to or denoting the application of scientific methods and techniques to the investigation of crime.
  30. "A medical-forensic expert concluded that the death of Ms. Khairulina occurred as a consequence of "mechanical asphyxia".
  31. hearsay |n| statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
  32. fine | having committed an offense, crime, violation, or wrong, especially against moral or penal law; justly subject to a certain accusation or penalty.
  33. grand jury |n| a jury, usually in the United States, which considers a criminal case in order to decide if someone should be tried in a court of law.
  34. "The grand jury hears evidence in secret only from prosecution witnesses and decides if the defendant should go to trial."
  35. "The probable cause hearing can be waived, at which time the case goes directly to the Grand Jury."
  36. hearsay |n| statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
  37. indictment |n| the formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  38. instructions |n| judge's explanation to the jury before it begins deliberations of the questions it must answer and the law governing the case.
  39. interrogatories |n| written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
  40. issue |n| the disputed point in a disagreement between parties in a lawsuit. 
  41. jurisdiction 1 |n| the legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. 
  42. jurisdiction 2 |n| the geographic area over which the court has authority to decide cases.
  43. petit jury |n| the ordinary panel of twelve persons called to issue a verdict in a civil action or a criminal prosecution.
  44. guilt |n| the fact of having committed a breach of conduct especially violating law and involving a penalty.
  45. "A jury will determine the defendant's guilt or innocence."
  46. hearing |n| a court proceeding before or after the trial of a lawsuit.
  47. hearsay |n| statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
  48. impeachment 1 |n| the process of calling something into question, as in "impeaching the testimony of a witness."
  49. impeachment 2 |n| the constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government for trial in the Senate.
  50. information |n| an accusation of a crime, made against a person by the prosecutor.
  51. indictment |n| an accusation of a crime, made against a person by a grand jury upon the request of a prosecutor.
  52. innocence |n| freedom from legal guilt of a particular crime or offense.
  53. instructions |n| judge's explanation to the jury before it begins deliberations of the questions it must answer and the law governing the case.
  54. judgment |n| the decision of a court of law.
  55. motion |n| how a lawyer asks the judge to make a decision.
  56. law |n| a rule made by a country, state, or town for the people there.
  57. lawsuit |n| a comprehensive term for any proceeding in a court of law whereby an individual seeks a legal remedy.
  58. oath |n| a declaration of a statement's truth, which renders one willfully asserting an untrue statement punishable for perjury.
  59. objection |n| the opposing side finds fault with the question being asked the witness.
  60. opinion |n| a judge's written explanation of a decision of the court or of a majority of judges. A dissenting opinion disagrees with the majority opinion because of the reasoning and/or the principles of law on which the decision is based. A concurring opinion agrees with the decision of the court but offers further comment.
  61. oral argument |n| an opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
  62. overruled |n| the judge, following an objection, decides the questions may continue.
  63. perjury |n| a deliberate lie said under oath.
  64. plaintiff v defendant |n| this is the way a case is always set up in writing. The name of the person or organization filing a lawsuit goes first; the name of the person or organization being charged goes last. The “v” is an abbreviation for the word “versus.”
  65. plead |n| to give an answer for charges in court.
  66. pleadings |n| written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  67. presumed innocent |n| the assumption that someone who has been charged with a crime is innocent of that crime until the prosecution proves otherwise.
  68. prosecute |n| institute or conduct legal proceedings against a person or organization.
  69. procedure |n| a method of doing something in an orderly way.-
  70. proceeding |n| any hearing or court appearance related to the adjudication of a case.
  71. reasonable doubt |n| doubt that is fair or logical; based on facts and reason rather than on opinion or feelings.
  72. remand |n| to send a case back to the court from which it came for further proceedings.
  73. sentence |n| the punishment that a person receives after they have been found guilty.
  74. sustained |n| the judge, following an objection, agrees that the line of questioning should not continue.
  75. try |n| to examine or investigate a case before a court of law.
  76. verdict |n| the decision made by a petit jury at the end of trial.
  77. your honor |n| the way a judge is addressed in a courtroom.
  78. warrant |n| a written order from a judge or magistrate that allows the police to arrest a person or to conduct a search.

 

      Whitness Business

  1. subpoena |n| a command to a witness to appear and give testimony.
  2. testify |n| to make a solemn declaration in a court, under oath for the purpose of establishing a fact.
  3. testimony |n| the statement of a witness under oath.


      People 

  1. accomplice |n| someone who helps a criminal to do something illegal.
  2. "Police believe the murderer must have had an accomplice."
  3. appellant |n| a person who applies to a higher court for a reversal of the decision of a lower court.
  4. criminal / offender |n| guilty of crime or serious offense.
  5. convict |n| in criminal action, the defendant is found guilty. 
  6. defendant 1 |n| a person or group against whom a criminal or civil action is brought.
  7. defendant 2 |n| someone who is being sued or accused of committing a crime if the jury finds the defendant not guilty.
  8. guilty |n| having committed an offense, crime, violation, or wrong, especially against moral or penal law; justly subject to a certain accusation or penalty.
  9. "The jury found her guilty of murder."
  10. innocent |n| not guilty of a crime or fault.
  11. juror |n| a person who is on the jury.
  12. jury |n| persons selected according to law and sworn to inquire into and declare a verdict on matters of fact.
  13. victim |n| a person who has been attacked, injured or killed as the result of a crime.
  14. witness / eyewitness |n| a person who sees an event, typically a crime or accident, take place.
  15. "Police are appealing for witnesses to the accident."

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