AAERT CET CERTIFICATION EXAM - COURT PROCEEDINGS LIST OF PHRASES & MEANINGS QUESTIONS WITH CORRECT ANSWERS

direct examination questioning by the attorney who called the witness action lawsuit, case adverse witness witness whose testimony is prejudicial to case of the party who called her/him affidavit witness statement of facts made under oath. affiant someone who signs an afidavit affirm did declare solemnly and formally although not using the form of an oath and affiant is still subject to the penalties of perjury aggravating circumstances considerations which increase a sentence imposed in criminal cases under sentencing guidelines mitigating circumstances considerations which decrease a sentence imposed in criminal cases under sentencing guidelines allocution formal statement by convicted defendant as to whether there is any reason why judgment should not be rendered against him; when a sentencing bargain has been agreed to in exchange for a guilty plea the defendant must admit guilt. amendment change / correction, whether beneficial or not, whether adding or subtracting answer to a complaint response by defendant denying plaintiff's complaint arbitration dispute mediation by impartial third party arraignment bringing an accused person into court to plead to a criminal charge arrest or custody restraint and detention of a person suspected of a crime. Temporarily holding at the scene of a crime for mere questioning is not an arrest. bail on recognizance commonly ______ refers to an amount of money deposit it as a form of collateral to guarantee that a person charged with a crime will appear in court bench conference a discussion between attorneys and the judge outside the hearing of the jury or courtroom audio; such a discussion may or may not be on the record bench warrant authority to find and bring to court someone who has failed to appear beyond a reasonable doubt the standard for conviction in a criminal trial. preponderance of evidence the standard for winning in a civil matter bifurcation trial of certain issues separately as guilt / penalty or complaint/ damages black letter law basic principles of law especially when published in statutes Black's Law Dictionary a standard legal reference work including abbreviations and other matters briefs paper submitted by attorneys either pre or post trial, explaining or defending their clients position burden of proof the obligation to provide affirmative evidence on an issue. standard of evidence how much or what type of it is needed to prevail calendar court schedule case in chief primary presentation of evidence by a party case law printed discussions and opinions of appellate jurisdiction cause of action situation causing a lawsuit certiorati, writ of an appellate court order especially from the Supreme Court, granting a hearing to an appellant. If a hearing is granted, the lower court is ordered to provide a certified record of the case for the appellate judges to review chain of custody record showing proper maintenance of "real" evidence such as seized narcotics or weapons as opposed to me or challenge objection to having someone serve as a juror. A ___________ maybe for cause as when the person does not speak English or peremptory with no reason given chambers a judge's office within a courthouse charge to the jury instructions from the judge concerning the law which governs a case chattel an article of personal or movable property Circuit Court of Appeals Federal appellate level immediately below Supreme Court class action suit joined in by a group of people, sometimes a large number, who share significant interest in the outcome of a matter cloud on title a valid claim or lean which impairs and owners otherwise free right to dispose of property quiet title to remove a cloud on title, an action is brought to __________ Code of Federal Regulations - C. F. R. Federal regulatory agency rules and regulations which implement federal law collateral estoppel a bar to relitigating an issue that has already been tried between the same parties common law customary, old, are judge-made law as opposed to statutory law complaint plaintiffs initial pleading which a defendant initially answers concurrent sentences two or more sentences served at the same time conflict of interest conflict between the private interest and public obligations of someone in a position of authority confront accusers right of a person accused of crime to face those making the accusation consecutive sentences two or more sentences which must be served one after the other contempt willful act which disobeys court order; obstructing a court's function or lessening its dignity