Legal Terminology and Principles Flashcards

What is 'res judicata'?

Answer: The principle that a matter already judged cannot be re-litigated

Res judicata bars re-litigation of a claim or issue that has already been decided by a court of competent jurisdiction.

What is the purpose of a 'motion in limine'?

Answer: To request that certain evidence be excluded before trial begins

A motion in limine is filed before trial to request that the judge exclude specific evidence from being presented to the jury.

What is 'affirmative defense'?

Answer: A defense that admits the act but offers a legal justification or excuse

An affirmative defense acknowledges the alleged act but introduces new facts that excuse or justify it, such as self-defense or insanity.

In civil law, what does 'plaintiff' refer to?

Answer: The person or entity that brings a lawsuit

The plaintiff is the party who initiates a civil lawsuit by filing a complaint against the defendant.

What is a 'deposition'?

Answer: A sworn out-of-court statement taken during pre-trial discovery

A deposition is sworn testimony given by a witness outside of court during the discovery phase that can be used at trial.

What is 'stare decisis'?

Answer: The legal principle requiring courts to follow prior court decisions as precedent

Stare decisis obligates courts to follow the precedent established in earlier decisions to ensure consistency in the law.

What is a 'recognizance' in criminal procedure?

Answer: A written promise by a defendant to appear in court without posting bail

Release on recognizance (ROR) allows a defendant to be released without bail based on a promise to appear at future court dates.