Types of Crime /
The Trial Process
The Trial Process
This is the name for the party bringing the legal action in a civil trial.
What is the plaintiff?
This is the level of proof required to convict a person in a criminal trial.
What is the prosecution must prove beyond a reasonable doubt that the defendant is guilty?
This is the term for the person who is being accused in a civil or criminal trial.
What is the defendant?
This person presides over the trial and has the duty of protecting the rights of those involved, makes sure that attorneys follow the rules of evidence and trial procedure and sentences individuals convicted of committing crimes.
Who is the judge?
While testifying in court, a witness says, “I know Suzy stole your iPhone, because another student in class told me he saw her take it.” This is the objection an attorney would make.
What is it is hearsay?
This is the term used by an attorney if he or she believes the other side has said something which should not be allowed in court. The judge must then decide to sustain or overrule.
What is an objection?
What is occurring when a witness places their hand on the bible, raises their right hand and says "I promise to tell the truth, the whole truth or nothing but the truth so help you God."
Being "sworn in" to testify
The person in charge of bringing the state's case against an individual in a criminal trial attempting to prove the guilt of that person
Who is the prosecuting attorney?
After an attorney questions his or her own witness, the attorney from the other side can question that witness with the purpose of tearing down the witness’ testimony. This is the term for that questioning.
What is cross examination?
During direct examination, the prosecuting attorney asks, “Curt was the one who set the warehouse on fire, wasn’t he?” and the prosecution witness responds, “Yes, he set the fire.” This is the objection an attorney would make.
What is leading (the witness)?
This is the term for when a defendant agrees to say he or she is guilty to get a less severe penalty and avoid a trial.
What is a plea bargain?
This is the difference between direct questioning and cross examination.
What is direct questioning is when an attorney questions his/her own witness, and cross examination is when an attorney questions the other side’s witness?
This is the term for the attorney who tries to put doubt in the mind of the jurors.
What is the defense attorney?
This questioning always occurs first in a trial.
What is direct questioning or examination
While testifying in court, a witness says, “Yeah, I know Cindy. Everyone who works in the restaurant knows she’s shady.” This is the objection an attorney would make.
What is opinion?
This category of crime is a more serious offense punishable by more than one year.
What is a felony?
Removing a potential juror without giving a reason why
Peremptory challenge
This is the term for when an attorney questions his or her own witness.
What is direct examination?
These people are charged with the task of determining the facts and applying the law in a particular case, then rendering a verdict.
What is a jury or judge (bench trial)
This is something that has nothing to do with the case or issue being discussed and would not be allowed in a trial if challenged.
What is irrelevant testimony?
This category of crime is a less serious offense punishable by less than one year.
What is a misdemeanor?
Dismissal of a prospective juror by either the prosecution or defense because that person demonstrates an inability to render a fair and impartial verdict
Challenge for cause
This is the term for the jury selection process.
What is voir dire?
The level of proof required to find a person liable in a civil trial.
What is the prosecution must prove by a preponderance of the evidence that the defendant is liable?
This is the term for a person who did not see a crime take place, but can testify in a trial about evidence from the crime. Examples are a ballistics technician, a crash scene investigator, a police detective or a psychologist.
What is an expert witness?