The Court System - Intro

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trial courts

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courts that listen to testimony, consider evidence, and decide the facts in a disputed situation

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parties

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the people directly concerned with or taking part in any legal matter

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plaintiff

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in a civil case, the injured party who brings legal action against the alleged wrongdoer

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prosecutor

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the state or federal government’s attorney in a criminal case

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defendant

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the person against whom a claim is made. In a civil suit, the defendant is the person being sued; in a criminal case, the defendant is the person charged with committing a crime

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adversarial system

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the judicial system used in the United States. It allows opposing parties to present their legal conflicts before an impartial judge and jury

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inquisitional system

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a European method for handling disputes in which the judge plays an active role in gathering and presenting evidence and questioning witnesses

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plea bargaining

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in a criminal case, the negotiations between the prosecutor, defendant, and defendant’s attorney. In exchange for the defendant agreeing to plead guilty, the prosecutor agrees to charge the defendant with a less serious crime, which usually results in a lesser punishment

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voir dire

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from the French phrase meaning “to speak the truth.” It is the screening process in which opposing lawyers question prospective jurors to ensure as favorable or as fair a jury as possible

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removal for cause

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part of the jury selection process. After voir dire, opposing attorneys may request removal of any juror who does not appear capable of rendering a fair and impartial verdict