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Intro to Law Chs. 12, 13, 14

Across
A challenge ___ is a request to strike a juror, not allowing that juror to be selected to serve on the jury of a trial, exercised by either party where the questioning during voir dire has indicated that a particular prospective juror should be disqualified, for such reasons as: having a close relationship with counsel or the parties to the litigation; being involved in the case as a witness or in some other capacity; or having formed an opinion on the merits of the case and being unable to disregard it.
In the context of criminal law, a search occurs when government agents look ___ evidence in a manner that intrudes into a person’s legally protected zone of privacy.
At trial, after opening statements, each party to a civil lawsuit, or the prosecution and defense in a criminal case, has the opportunity to put on their case-in-chief by calling witnesses and presenting ___ in support of their case.
The standard of proof in most civil cases, to prove a claim, requires proof of every element of the claim by a "___ of the evidence" standard.
A Petition for ___ is a request for appeal directed to a higher appellate court which has discretion to grant or deny the petition.
___ factors include information presented by the defense regarding circumstances or factors that tend to lessen culpability of the convicted defendant. ___ factors can include: the defendant’s youth, alcoholism or drug dependency, difficult home life during childhood, history of mental illness or instability, the absence of a criminal record, and the fact that there was some provocation by the defendant, etc.
An out-of-court statement offered to prove the truth of the matter asserted is called ___ evidence and is generally not admissible in court unless it falls into one of the many exceptions to the general rule.
The determination of whether there is probable cause to believe that the accused committed the crime and therefore should be subjected to a formal ___ occurs in one of two ways: the preliminary hearing, in which judge determines whether or not there is probable cause for the accused to be subjected to a formal trial; or (2) a grand jury proceeding (required in all federal criminal cases and in approximately half of all states in at least some types of cases).
The standard of proof in a criminal case, to prove that a criminal defendant is guilty, requires proof “beyond a ___” on every element of the crime charged.
The next step in the appeal process after the parties brief their cases is the ___ argument, when the lawyers for both parties appear before the court to make oral presentations and answer questions from the bench.
With some exceptions, the Fourth Amendment requires law enforcement officers to obtain a ___ before conducting searches and seizures.
The 6th Amendment guarantees the right to a ___ trial by “an impartial jury.”
A plaintiff's request to the ___ for injunctive relief is a request to the ___ for a ___ order prohibiting the defendant from doing some specified act or commanding the defendant to undo some wrong or injury.
A warrant is a judge’s order authorizing that a law enforcement officer may do a specified act, such as an arrest or a search, upon a finding of “___.”
The process of questioning each of the group of prospective jurors to enable the court and counsel to obtain the information necessary to ensure selection of a fair and impartial jury is called voir ___.
The main components of the complaint, which is the document that the plaintiff files with the court in order to initiate a lawsuit, are: the caption with the ___ of the court and the names of the parties; proper identification of the parties; a statement that alleges the basis of the jurisdiction of the court; the basis of the suit (each claim plaintiff is making against the defendant(s)); a demand for judgment, including a request for appropriate remedies (monetary damages, injunctive relief, etc.)
The formal process by which parties to a lawsuit obtain information from each other (and from third parties) about the party’s claims and defenses is called ___.
At the ___ hearing for a convicted criminal, the court considers the evidence received at trial, the presentence report, any evidence offered by either party in aggravation or mitigation of the sentence, and any statement the defendant wishes to make.
The party in a civil lawsuit against whom the complaint is filed is the ___.
A PEREMPTORY challenge is an objection to the selection __ a prospective juror, a request to strike that juror, not allowing that juror to be selected to serve on the jury of a trial, where the attorney making the challenge is not required to state the reason for the objection.
In the context ___ criminal law- a SEIZURE takes place when law enforcement agents take possession or control of physical evidence, property, or persons.
In Gideon v. Wainwright (1963) the Supreme Court held that the Fourteenth Amendment requires states to provide counsel to ___ defendants in all felony cases.
In the appeal process, both parties file written ___ outlining the background and facts of the case, their arguments on the issues being raised on appeal designed to persuade the appellate court to rule in their favor.
Down
The US Supreme Court's decisions to grant certiorari, or agree to hear a case, are based on the rule of __, which means that at least ___ of the Court’s justices must vote to hear a case. They usually choose difficult cases involving the most significant legal questions or cases where the lower courts are in conflict.
In making a lawful arrest, police officers may only use such ___ as is necessary to effect the arrest and prevent the escape of the suspect. In Tennessee v. Garner (1985) the Supreme Court held that deadly ___ used against a fleeing suspect is justified only when it is necessary to prevent the escape of a felony suspect who poses a significant threat of death or serious injury to the officer or other persons.
The burden of persuasion in an appeal is on the appellant, or petitioner, to convince the appellate court that the lower court has committed one or more ___ errors.
97% of federal criminal cases, and 94% of state criminal cases end in a ___, in which the defendant pleads guilty in exchange for: 1) a reduction of charges, 2) deletion of tangent charges, or 3) a prosecutor's agreement to ask the judge for a lighter sentence.
Rules of evidence govern the ___ of evidence in both civil and criminal judicial proceedings. These rules are used to determine whether certain evidence will be admitted and considered in deciding the case.
The established, rule-driven process by which claims and defenses are presented to and adjudicated by trial courts, including the pretrial, trial, and post-trial phases of civil litigation, is called ___.
The Fourth Amendment to the U.S. Constitution prohibits ___ searches and seizures.
In 1914, the U.S. Supreme Court first held that evidence obtained through an unlawful search and seizure could not be used to convict a person of a federal crime. This principle is called the ___ rule and it provides “teeth” or a backbone to the Fourth Amendment.
At trial, after closing arguments, the judge reads the jury ___ to the jury, instructing the jury of the law that they are to apply to the facts of the case.
Evidence is ___ if it tends to prove or disprove a material fact.
A plaintiff's request to the court for damages, also known as monetary damages, is a request that the court order the defendant to pay money to plaintiff to compensate the plaintiff for their losses or injuries.
In Mapp v. Ohio (1961) the Supreme Court held that the Fourth Amendment exclusionary rule applies to proceedings in ___ courts.
In ___ v. Arizona (1966), the Supreme Court held that before interrogating suspects who are in custody, police must warn them of their right to remain silent and their right to have counsel present during questioning. If these warnings are not given, nothing the suspect says may be used in evidence.
The opinion expressing the judgment of the court and the reasoning in support of the court's legal conclusions is called the opinion of the Court or the ___ opinion.
Despite being relevant and competent, some evidence is not admissible due to it being subject to a ___ that exempts it from admissibility--for example the attorney-client ___ or the spousal ___.
The party to a civil lawsuit who files the complaint and initiates the lawsuit is the ___.
A lawsuit brought against a defendant by a group of persons who have suffered a similar injury is called a __ action.
After the jury ___ selected, a trial begins with opening statements by each attorney. These statements are not evidence, but rather a roadmap for what evidence is going to be presented. The opening statements allow the attorneys to make a first impression with the jury.
Courts have recognized exceptions to the warrant requirement under “___ circumstances,” where it can be assumed that police officers have probable cause to believe that a given search is likely to produce evidence of crime.
Most cases ___ or are resolved otherwise prior to trial.
The party who is dissatisfied with the outcome of the case at the trial court level, the party taking an appeal to a higher court, is called the appellant or petitioner, ___ the party against whom the appeal is taken is the appellee or respondent.
The ___ main functions of APPELLATE courts are error correction of errors that occurred at the trial court or administrative adjudication, and law-making (via establishment of case precedent).