Rule of Law
This concept ensures that a government’s powers are limited by a constitution or a basic set of laws.
What is limited government?
A trial is this type of process, where two or more persons in conflict present their arguments.
What is an adversarial process?
This term refers to the legal rule that determines which party must prove their version of the facts.
What is the burden of proof?
What is the main objective of the defense team in a criminal case?
What is to create reasonable doubt in the minds of the judge or jury?
What is the first part of a trial where attorneys for each side tell the judge and jury their theory about what happened?
What is the opening statement?
The Sixth Amendment to the U.S. Constitution guarantees a person accused of a crime the right to this type of jury.
What is an "impartial jury"?
This key factor of the rule of law ensures that public officials do not use their power or money for personal benefit.
What is no corruption?
What are the three common ways of settling disputes without going to court, according to your handout?
What are negotiation, mediation, and arbitration?
In most civil cases, the plaintiff has the burden of proof, needing to convince the judge or jury by this standard.
What is "a preponderance of the evidence"?
This is a defense that proves the defendant was not present at the scene of the crime.
What is an alibi?
During this part of the trial, an attorney asks a series of questions to get a witness to tell a story about what they saw, heard, or knew.
What is direct examination?
This phrase has come to mean that a jury must come from a pool representing a reasonable cross-section of the local community.
What is the local community?
According to the text, a strong rule of law promotes this, which allows communities to resolve disputes peacefully.
What is peace and stability?
In a civil trial, the person who complains is called this.
Who is the plaintiff?
This standard of proof is used in criminal cases and is defined as a doubt that would cause a prudent person to stop and pause.
What is "beyond a reasonable doubt"?
This defense presents evidence that the defendant committed a criminal act because they were threatened or forced.
What is duress?
After a direct examination, the attorney for the other side asks questions to show weaknesses or inconsistencies in the testimony. What is this called?
What is cross-examination?
This is the French term for the process of questioning the jury pool to detect bias, which means “to speak the truth.”
What is voir dire?
This principle states that laws and regulations must be clear, publicized, and accessible to the public.
What is open and transparent government?
In a criminal trial, the person accused of a crime is known as this.
Who is the defendant?
This form of evidence involves a witness telling the court what they saw, heard, or experienced.
What is testimony?
What is the name of the process where the defense can call into question the accuracy, bias, or credibility of a prosecution witness's testimony?
What is impeachment?
In which part of the trial may attorneys not present legal arguments, only what the evidence will show?
What is the opening statement?
What is the name for the type of challenge used to remove a juror when there is a clear, articulable reason that they may be biased?
What is a challenge for cause?
This key factor of the rule of law involves the government protecting and guaranteeing basic human rights, such as freedom of expression and religion.
What is protection of fundamental rights?
What is the name for the impartial third party, a judge or jury, that renders a decision in a trial?
What is a trier of fact?
This type of evidence includes items like weapons, drugs, or fingerprints that can provide clues to the facts.
What is physical evidence?
The defense can present evidence that the defendant reasonably misunderstood the facts or did not intend to cause a particular result. What is this defense called?
What is accident or lack of intent?
The prosecution/plaintiff presents their case first. This is the stage when the defense presents its case in the same manner.
What is when the defense presents its case?
This type of challenge is limited in number and can be used by attorneys to remove jurors they feel might not favor their side, without needing the judge’s permission.
What is a peremptory strike?
A strong rule of law ensures government powers are divided so that no one has too much of this.
What is power?
What is the primary purpose of law in the United States?
What is to ensure every person has the freedom and security to enjoy the benefits of life in a democratic society?
What is the term for a professional person who gives testimony to help the trier of fact decide the importance of evidence?
Who is an expert (witness)?
This process, called discovery, enables both sides to prepare their cases by sharing information in advance, ensuring the trial is this.
What is fair?
This part of the trial summarizes the evidence presented and offers a legal argument for why the judge or jury should rule in favor of the arguing side.
What is the closing argument?
An attorney striking potential jurors because of their race, ethnicity, or gender was ruled unconstitutional based on the Sixth Amendment and this clause of the 14th Amendment.
What is the Equal Protection Clause?
This factor allows citizens to challenge government officials who exercise more power than they should.
What is limited government power?
In a civil case, the person who is the object of the complaint is known as this.
Who is the defendant?
This type of evidence is described as proving facts indirectly through a chain of events or circumstances.
What is circumstantial evidence?
The defense can introduce physical or documentary evidence and call witnesses to do this.
What is to offer favorable testimony and introduce other types of evidence?
What are the three main steps in a trial sequence that occur after opening statements but before jury instructions?
What are direct and cross-examination, and closing arguments?
If an attorney is suspected of using peremptory strikes in a discriminatory way, the opposing party may raise this type of challenge.
What is a Batson Challenge?
The phrase “Equal Justice Under Law” is a primary purpose of law in the United States, according to the text, and is carved above the entrance to this building.
What is the Supreme Court of the United States?
This person speaks on behalf of the government, which in turn represents the people of the state or nation in a criminal trial.
Who is the prosecutor?
In a civil case, the burden of proof can be visualized as a scale that must tip, even slightly, to this side.
What is the plaintiff's side?
A defendant has the right to testify, but they also have this right and cannot be called as a witness by the prosecution.
What is the right to remain silent?
This is the name for a written statement of facts that is made voluntarily and sworn to, often before a notary.
What is an affidavit?
If a Batson Challenge is raised, the prosecutor must “proffer,” or submit the reasons for their peremptory challenges, to this person.
Who is the judge?