Proceedings in a criminal case 1. John is arrested and taken into custody
2. The county's grand jury looks at the evidence and determines if there's enough
evidence to warrant a trial and return a "bill of indictment"
3. Each charge is recited in a "count"
4. John is "arraigned" to enter his plea with the court (guilty or not guilty)
Jury Selection Random people are ordered to "voire dire" examination which determined their
suitability for the case.
Opposing side my challenge their abilities to serve on a trial. (Preemptory/for-cause)
Inferences are Complaints Jurors make about a defendant not taking the stand at trial and speak to
them
Who explains the Jury's responsibilities? The judge tells them about the burden of proof, facts beyond a reasonable doubt,
and weight of evidence when deciding a case
mitigating circumstances Any circumstances accompanying the commission of a crime that may justify a
lighter sentence.
(lowered departure)
aggrivating circumstances factors that tend to make the crime worse, such as a gruesome murder or previous
convictions
(upward departure)
action A lawsuit brought to court
Adverse witness A person who is contrary or hostile giving testimony under oath in a court
Affadavit *Sworn statement of facts in an incident made under oath
*Signed document (K.B)
answer response by defendant denying plaintiff's complaint
Arraignment A hearing in which a suspect is charged and pleads guilty or not guilty
Bail - Own Recognizance Money deposited to the court as collateral to get someone to appear back in court
Bench conference A discussion between the judge and attorneys, usually conducted at the judge's
bench so the jury cannot hear what is said. (MAY OR MAY NOT BE ON THE
RECORD)
beyond a reasonble doubt standard conviction for a criminal trial
Stuvia 2026-2027
, AAERT Certification Exam - Questions & Verified Answers
preponderance of the evidence The standard of proof in a civil case
briefs written documents in which attorneys explain, using case precedents, why the court
should find in favor of their client
burden of proof the obligation to present evidence to support one's claim
case in chief the case presented by each party in a trial
writ of certiorari (banana peel) Order by the Supreme Court directing a lower court to send up the records of a
case for review, IF a hearing is granted.
challenge *Objection to having someone serve as a juror
*(Preemptory/For-Cause)
Chattel personal property
class action suit A case brought by someone to help him or her and all others who are similarly
situated
Cloud on Title Any document, claim, or unreleased lien that prevents someone from using specific
property
Code of Federal Regulations (CFR) The codified regulations of the Federal government based on the final agency
regulations published in the Federal Register
Have the force of actual law
Collateral Estoppel Bars the re-litigation of issues that have been previously tried between the same
parties
Estoppel A person is barred from asserting or denying a fact because of the person's
previous actions, words, or convictions.
*EX: a person who was previously convicted of murder cannot deny this fact in a
civil or unrelated legal matter
complaint A formal notice that a lawsuit is being brought
concurrent sentence One or two sentences served at the same time
Stuvia 2026-2027