COURTS & CASES - THE COURT SYSTEM
COURTS & CASES - CIVIL VERSUS CRIMINAL
COURTS & CASES - TRIALS
COURTS & CASES - APPEALS
- Appeal: Taking a case which has been decided in a court of inferior jurisdiction to one of superior jurisdiction, for the purpose of obtaining a review.
- Circuit Court: a court for civil disputes involving more than $15,000 and for more serious criminal matters (felonies). There are 20 circuits in Florida.
- County Court: a court for civil disputes involving $15,000 or less such as traffic offenses and less serious criminal matters (misdemeanors).
- District Courts of Appeal: provides the opportunity for review of decisions of lower courts by three (3) judges. District Courts of Appeal ("D.C.A.") correct harmful errors and ensure that decisions are consistent with our rights and liberties. There are five (5) D.C.A.'s in Florida.
- Florida Supreme Court: Highest court in Florida.
- Judge: a public official appointed to decide cases in a court of law.
- SCOTUS: Supreme Court of the United States. Highest court in the USA.
- Small Claims Court: a court for civil disputes involving less than $5,000.
COURTS & CASES - CIVIL VERSUS CRIMINAL
- Answer: A pleading by which defendant in a civil suit states facts and denies the claims of the plaintiff, or agree to them, and may introduce new matter.
- Beyond A Reasonable Doubt: If the jurors or judge have no doubt as to the defendant's guilt, or if their only doubts are unreasonable doubts, then the prosecutor has proven the defendant's guilt beyond a reasonable doubt and the defendant should be pronounced guilty.
- Breach: The breaking or violating of a law, right, or duty, either by commission or omission.
- Civil Law: the system of law concerned with private matters between members of the community.
- Complaint: legal document that sets out the facts and legal reasons that the plaintiff believes are sufficient to support a claim against the defendant that entitles the plaintiff to a remedy (either money damages or an injunction).
- Counterclaim: A claim presented by a defendant in opposition to the claim of the plaintiff.
- Criminal Law: law that relates to crime. It outlaws whatever is threatening, harmful, or otherwise endangering to the property, health and safety of people.
- Damages: Money awarded by the court to a person harmed by the unlawful or negligent act of another.
- Defendant: The party against whom relief is sought in a court action. Sometimes used to designate the accused in criminal or traffic cases.
- Information: A formal accusation by a prosecutor setting forth criminal charges against a person.
- Negligence: Failure to exercise that degree of care which a reasonable person would have exercised given the same circumstances.
- Plaintiff: A person who brings an action; the party who complains or sues in a personal action.
- Preponderance of the Evidence: Greater weight of evidence, or evidence which is more credible and convincing to the mind. Used in civil trials.
- Prosecutor: a lawyer who conducts a case against a defendant in criminal court. Also called prosecuting attorney or prosecution.
COURTS & CASES - TRIALS
- Adjourn: To put off; postpone.
- Admissible Evidence: any evidence that is allowed to be introduced during the trial.
- Closing Argument: concluding statement of each party's attorney restating the important arguments for the jury. Occurs after the presentation of evidence and may only use evidence introduced at trial and may not contain any new information.
- Cross Examination: The examination of a witness during a trial or hearing, or during a deposition, by the party opposed to the one who put him on the witness stand to testify.
- Direct Examination: The initial questioning of a witness by the party who called the witness.
- Discovery: Procedures by which one party to a lawsuit may obtain information relevant to the case which is held or known by the other party.
- Evidence: All the means by which a matter of fact, the truth of which is submitted for investigation, is established or disproved.
- Interrogatories: A set of series of written questions drawn up for the purpose of being asked of a party or a witness to be answered under oath.
- Objection: A protest or exception made by a party against an action by the opposing party.
- Opening Statement: the first time the jury hears from the attorney. A helpful "road map" because the jury knows nothing at all about the case before the trial. Must be limited to the evidence expected to be presented during the trial. Concludes with a reminder asking the jury to rule in his or her client's favor.
- Overruled: rejecting (not allowing) the decision or argument of an attorney
- Sustained: accepting (allowing) the decision or argument of an attorney
- Verdict: a decision on a disputed issue in a civil or criminal case
- Voire Dire: Questioning prospective jurors to determine their qualifications and suitability to serve on a jury, in order to ensure the selection of fair and impartial jury.
COURTS & CASES - APPEALS
- Affirm: agreeing with the lower court
- Appellant: The party who lost in the court below and files an appeal from one court to another.
- Appellee: The party who won in the court below and must respond to the appellant.
- Precedent: authority; a rule established in a previous legal case that is either binding on or persuasive for a court when deciding subsequent cases with similar issues or facts.
- Remand: Sending a case back to the same court out of which it came for purpose of having some action taken on it there.
- Reverse: disagreeing with the lower court