Legal Terminology & Procedures Flashcards

What is the definition of 'subpoena'?

Answer: A court order to appear or produce evidence

A subpoena is a legal document issued by a court or administrative agency. It compels a person to appear at a specific time and place to give testimony or to produce documents or other tangible evidence relevant to a legal proceeding. This ensures all necessary parties and evidence are present for legal processes.

What does 'voir dire' mean in legal proceedings?

Answer: Jury selection and questioning

'Voir dire' is a legal phrase meaning 'to speak the truth.' In legal proceedings, it refers to the process where prospective jurors are questioned by the judge and attorneys. The purpose is to determine their suitability and impartiality for jury service, ensuring a fair and unbiased jury.

What is a deposition?

Answer: Sworn out-of-court testimony

A deposition is a formal, out-of-court sworn testimony of a witness taken under oath. It is recorded by a court reporter and used during the discovery phase of litigation to gather information and preserve testimony for trial. This process allows attorneys to assess witness credibility and gather facts before trial.

What does 'objection sustained' mean?

Answer: The objection is accepted

When a judge says 'objection sustained,' it means they agree with the attorney who made the objection. This ruling indicates that the question asked or the evidence presented is improper and should not be allowed in the proceedings. It upholds the rules of evidence and procedure.

What is 'cross-examination'?

Answer: Questioning by opposing party

Cross-examination occurs after a witness has given direct testimony for one party. The opposing attorney then questions the witness to challenge their testimony, clarify statements, or introduce new information. This is a critical part of the adversarial legal process, designed to test the veracity of testimony.

What is a 'motion' in legal terms?

Answer: A formal court request

In legal terms, a 'motion' is a formal request made to a judge or court for a specific ruling or order. These requests can cover a wide range of issues, from procedural matters to substantive legal decisions, and are typically presented in writing. Motions are essential for guiding the legal process and seeking judicial intervention.

What does 'affidavit' refer to?

Answer: A sworn written statement

An affidavit is a written statement of facts voluntarily made by an affiant under oath or affirmation. It is typically witnessed by a notary public or other authorized officer and is used as evidence in legal proceedings. Affidavits provide sworn testimony in a written format, often used in lieu of live testimony or for preliminary matters.

What is a 'plea bargain'?

Answer: Guilty plea to lesser charge

A plea bargain is an agreement between the prosecutor and the defendant where the defendant pleads guilty to a lesser charge or to one of several charges in exchange for some concession from the prosecution, such as a lighter sentence. This avoids the need for a full trial, saving time and resources for the courts and parties involved.

What does 'jury instructions' mean?

Answer: Legal guidelines from judge

Jury instructions are formal directions given by the judge to the jury at the end of a trial. These instructions explain the relevant laws, the elements of the charges, and how the jury should apply the law to the evidence presented to reach a verdict. They are essential for guiding the jury in their deliberations and ensuring a just outcome.