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Flashcards in Page 31 Deck (14)
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1
Q

A judicial order from a higher court to a lower court requiring the transcript of a specific case to be sent to the requesting court in order to consider whether a case should be accepted for further consideration is known as a writ of____

A

mandamus

2
Q

A judicial order which requires that a public official do what is required by the official position is known as a writ of ____

A

mandamus

3
Q

It is known as a ____ case when a civil lawsuit involves legal parties from different states or between a U.S citizen and a government or citizen of a foreign country

A

diversity of citizenship

4
Q

While a defendant is the legal party who is charged with a crime, the party (e.g the state) who brings the charges is known as the _____

A

plaintiff

5
Q

It is known as a/an ____ brief when a party which is not directly involved in a legal case introduces the brief in order to indicate its interest in the outcome of the case _____

A

amicus curiae/friend of the court

6
Q

When all members of a multi-member appellate court hear arguments on a case together instead of in smaller panels it is referred to as _____

A

en banc

7
Q

It is known as trial ____ when a case goes on appeal from a lower court to a higher appellate court but is conducted as if the case is being heard for the first time, it begins “anew,”

A

de novo

8
Q

A court which keeps transcripts of cases for future reference and appeal purposes is known as a court of ____

A

record

9
Q

A specific civil case in which one person represents an entire category of individuals “similarly situated” and who requests a remedy for everyone in the category is known as a/an ____ suit

A

class action

10
Q

When it comes to evidence presented in a civil case, a jury or a judge, depending upon the legal structure, is charged with determening “guilt” or “fault” upon the basis of a/an ____ of the evidence

A

preponderance

11
Q

When an individual is presented before a judge in a preliminary hearing for determination of whether a trial should be held, the two major methods used to hold someone for trial is through grand jury action or through the judge is issuing a crimnal _____

A

information

12
Q

When it comes to evidence presented in a criminal case, a jury or a judge, depending upon the legal structure, is charged with determening “guilt” or “fault” upon the basis of _____

A

guilt beyond a reasonable doubt

13
Q

In the United States, most criminal cases are not decided by a trial jury they are disposed of through a process known as ____, wherein the lawyers for both sides of the case meet with the judge and work out a sentencing arrangement

A

plea bargaining

14
Q

The legal term for a “small” trial jury that is generally composed of from six to twelve persons and which usually requires a stated verdict of “guilty” or “not guilty” is the term ____ jury

A

petit