Litigants meet in courts {trial, court}|. Plaintiff is typically city, county, or state. Defendants have lawyers, perhaps public defenders.
process
If defendant has right to jury trial and exercises that right, court selects jury. Court official reads complaint. Prosecutor presents evidence and witnesses. Witnesses face direct examination, cross-examination, and redirect examination. After prosecution presents case, defense presents evidence and witnesses. At any time, judges can hear motions from defense lawyers for case dismissal on grounds of illegally obtained evidence, insufficient evidence, no witnesses, or improper trial conduct. Judge or jury decides defendant's guilt or innocence. Accused must be guilty beyond reasonable doubt.
end
Trials can end by acquittal, conviction, or mistrial. Guilty pleas and requests for leniency by defendants can end trials. Trials can end by hung juries, nolo contendere, or appeals. Appeals can only allege law violations or improper court procedure.
Physical evidence, documents, affadavits, hearsay evidence, circumstantial evidence, inadmissible evidence {evidence} can indicate proof {probative evidence} or judgment without cause {prejudicial evidence}.
People {judge} lead courtrooms and interpret laws.
People {court clerk} {clerk of court}| manage court records and actions and can assist both parties, if necessary.
Officers {bailiff}| enforce courtroom rules.
Bar members and court officers {attorney-at-law} can give legal advice and act in courts.
Authorized people {attorney-in-fact} can act for other people.
lawyer {counsel, lawyer} {counselor, lawyer}| {lawyer}. Professional lawyers have a Juris Doctor (Doctor of Law) J.D. degree. Honorary lawyers have a Legum Doctor (Doctor of Laws) LL.D. degree. Academic lawyers have a Scientiae Juridicae Doctor (Doctor of Judicial Science) S.J.D. degree.
People can pay fees {retainer, lawyer} to lawyers for services.
Trials have accused persons {defendant}|. In trials, defendants give all facts to their lawyers. They try to be groomed, sincere, honest, and straightforward. They do not talk to others about case, unless their lawyers are present. They have nothing to do, unless strategy is for them to take witness stand and answer questions.
defense
Defendants in civil cases try to prove no action or no damages or injuries. Defendants in criminal cases try to prove no crime or no involvement in crime. If defendants are guilty in criminal cases, defenses try to prove that defendants were not responsible for actions. If defendants are guilty in civil cases, defenses try to prove that plaintiffs were negligent. Ignorance of law is a defense.
rights
People have right to trial by jury and to confront witnesses. People have right not to incriminate themselves. Guilty pleas waive both rights.
Lawyers {defense} can be for accused persons.
Trials have persons {plaintiff}| with complaints. In English or American trials, burden of proof is on plaintiff. Plaintiffs in civil cases try to prove damages or injuries.
States or plaintiffs have lawyers {prosecutor}|. In English or American trials, burden of proof is on prosecution. Prosecutors in criminal cases try to prove defendants committed crimes.
Court-appointed lawyers {public defender}| represent defendants.
In regulated settings {court}, lawyers argue law-breaking claims before judges. Local courts are small claims court, traffic court, and magistrate's court. State criminal courts are circuit courts and Supreme Court.
Courts have locations {venue}|.
In earlier times, local magistrates {justice of the peace}| heard small civil actions, performed marriages, and handled divorces.
County or city courts {small claims court} can hear cases involving less than $1000, within months of filing. Courts have judge, plaintiff, and defendant. Both can have lawyers, but lawyers are too costly. Filing fees are small. Defendants pay no fee. Clerk of court manages court records and actions and can assist both parties, if necessary.
Courts {traffic court} can handle traffic violations. Defendants are typically guilty, unless arresting officers do not appear.
Local courts {magistrate's court} {court of original jurisdiction} hear civil and criminal cases.
Courts {probate court} can rule that wills are valid.
Courts can be municipal or county courts {superior court}.
Courts {lower court} {trial court} can be first to hear cases.
Courts {state court} can be civil or criminal courts. State civil courts hear disputes between two individuals, businesses, or governments. State criminal courts conduct trials against accused state-law violators.
Appeals can only allege law violations or improper court procedures. Higher state courts {appellate court} {court of appellate jurisdiction} hear appeals. State appellate courts must consider all appeals and issue opinions.
Courts {federal court} can hear Constitutional-law questions, federal-law questions, conflicts between states, and civil suits involving citizens of different states. Federal courts are district courts, appellate courts, and USA Supreme Court. Federal courts can refuse to hear appeals.
People can swear to written statements {affidavit}| before notary publics and other people with authority to hear oaths.
Requests {appeal}| can ask higher courts to review cases.
Court orders {arrest warrant}| can order police to find someone and charge him or her with crime.
Courts can issue warrants {bench warrant}| to arrest someone for contempt of court or to fulfill indictments.
Grand juries make written indictments {bill of indictment}.
Suit claims list details {bill of particulars}.
Lawsuit losers must pay itemized expenses and allowances {bill of costs}.
Lawyers can present legal arguments {brief}|.
Courts have lists {calendar, law} {trial list} of cases to try in sequence each day.
Writs {capias}| can authorize arrests.
Courts can issue orders {citation, law}| to appear in court.
Courts determine document meanings {document, construction} {construction of document}.
Courts can issue written orders {court order}| that are not judgments: habeas-corpus writs, subpoenas, arrest warrants, and search warrants.
Courts make final judgments {decree}.
Witnesses can make written statements {deposition, trial} under oath.
Documents {divorce decree} can state divorce place and date.
Courts have case date-and-time schedules {docket}|.
People can make formal complaints {grievance, law}| about problems or actions.
Grand juries issue criminal or civil charges {indictment}|, or written documents can charge people with crimes.
Court orders {injunction}| can tell persons or businesses to do or not do actions.
Courts can accept certain facts without evidence {judicial notice}|, such as geography, state laws, and history.
Parties in civil suits present written statements {pleading}|.
Documents {judgment, satisfaction} {satisfaction of judgment} can show that recorded judgments have been paid.
Court documents {scire facias} can require party to appear and discuss case.
Court orders {search warrant}| can allow entry into private property to look for specific items.
Court orders {subpoena}| can require someone to appear as witness before court.
Subpoenas {subpoena ad testificandum} can be for witness to appear and testify.
Subpoenas {subpoena duces tecum} can be to present evidence in person's possession.
Written documents {summons}| can notify people that action has started and require them to appear in court to answer charge.
Summons {venire} can be to prospective jurors.
Court orders {venire facias} can tell sheriff to summon a jury.
Affidavits {verification} can confirm document contents.
Courts can issue authorizations {warrant}|.
Court orders {writ, court order}| can require public officials to perform specific acts.
Court orders {habeas corpus writ} {writ of habeas corpus}| can force jailers to explain why a person is in jail.
Defendant statements {plea}| can answer claims in complaints or charges.
Pleas {demurrer}| can admit truth of other party's claim but state that facts are not sufficient to uphold claim under law.
People can lack legal capability {disability, law}|.
People can have no guilt for actions {innocence, law}|. Age, incompetence, or duty can cause people to be innocent. In USA and England, courts presume accused persons are innocent.
Pleas {nolo contendere}| in criminal cases can state that defendant will make no defense but will admit no guilt.
Plaintiffs can respond to pleas {replication, law} {reply, law}.
Jurors {jury, law}| independently judge cases, based solely on evidence presented in court. At trial conclusions, judges give instructions to juries, telling jurors law, case nature, what they must decide, and on which basis to decide. Jury trials require 12 peers of petit jury to unanimously judge innocence or guilt. Grand juries meet to determine who committed crimes.
Lawyers have right to object to juror selections {challenge, juror}|.
Judges give instructions in law to juries {charge the jury}|, before juries retire to deliberate cases.
Petit-jury verdicts must be unanimous, so jurors usually must compromise. If all jurors cannot agree on verdict {hung jury}|, court suspends case.
Jurors {juror}| must be between 21 and 70 years old, be in good health, be sane, and be reasonably intelligent. They must have no felonies or misdemeanors involving moral turpitude. Jurors must not belong to radical parties. Government officials and professionals, including journalists, are exempt from jury duty.
Courts draw up veniremen {jury selection}.
Courts list possible jurors {veniremen} for trials.
Juries have private discussions to try to determine guilt or innocence {verdict}|. Petit-jury verdicts must be unanimous, so jurors usually must compromise.
Lawyers question possible jurors {voir dire}| about case, to see if they have prior knowledge, personal prejudice, or relation to people involved, which can cause disqualification.
After hearing evidence from state prosecutors and deciding if evidence is sufficient to charge people with crimes, sworn groups {grand jury}| can make indictments.
At trial, twelve or less people {petit jury}| {petty jury} decide civil cases and award damages or decide criminal cases.
Courts can summon people {witness}|, who saw crimes or know something that can contribute to solving cases, to testify. Witnesses for prosecution or defense review facts with prosecuting or defense attorneys before trial.
Attorneys for both parties can interview witnesses and record interviews word for word {deposition, witness}|.
At trials, witnesses answer questions from calling attorney {direct examination}|.
At trials, witnesses answer questions from opposing attorney {cross-examination}|.
At trials, after cross-examination, witnesses answer questions from calling attorney {redirect examination}|.
Witnesses can sign {attest}| statements.
Witnesses can testify about fact statements {averment}.
People {deponent}| can make written statements under oath.
Courts can allow parties {amicus curiae} {friend of the court}| to give evidence or present arguments, because parties have interest in case. Friends of court have no right to do those things, only court permission. Lawyers can represent neither defendant nor plaintiff but present relevant evidence.
Evidence {hearsay} can come from secondary sources.
People can make formal statements {presentment}|, or grand juries can report, to courts.
Accused persons can testify against another accused person {state's evidence}|.
Courts decree or judge {adjudication}|.
Judgments {acquittal}| can be not-guilty verdicts in criminal cases, release people from contract obligations, or dismiss charges on legal grounds.
Courts can postpone judgments {arrest of judgment}.
Court proceedings {certiorari} can review government-agency or lower-court decisions.
Courts can adjourn to another day {continuance}|.
Judges or juries can find defendants guilty {conviction}|.
Courts can expel people from countries {deportation}|.
Judges evaluate how current case differs from, and is similar to, previous cases {dictum}.
Courts can require acts or order someone to desist from acts {enjoin}|.
Courts can formally accept {joinder} questions.
Trials can end by court-procedure errors {mistrial}|.
Prosecutors can decide on no prosecution {nol. pros.} {nolle prosequi}.
People are likely to be guilty for reasons {probable cause}|.
Courts can prohibit actions {proscription}|.
Courts can send cases back to lower courts to correct mistakes {remand}|.
Losing party can pay the crime's monetary penalty {fine, penalty}.
Losing party must pay court {court fee} {court costs}.
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Description of Outline of Knowledge Database
Date Modified: 2022.0225