AAERT PRACTICE TEST Questions & Answers

AAERT PRACTICE TEST Questions & Answers ACTION a lawsuit ADVERSE WITNESS a witness whose testimony is prejudicial to the case of the party who called him AFFIDAVIT written statement of facts made under oath AFFIANT signs an affidavit AFFIRM to declare solemnly and formally AGGRAVATING CIRCUMSTANCES considerations which increase a sentence imposed MITIGATING CIRCUMSTANCES considerations which decrease a sentence imposed ALLOCUTION formal statement by convicted defendant as to whether there is any reason why judgment should not be rendered against him AMENDMENT change/correction ANSWER response by defendant denying plaintiff's complaint ARBITRATION dispute mediation by impartial 3rd party ARRAIGNMENT bringing an accused person to court to plead a criminal charge ARREST restraint and detention of a person suspected of a crime BAIL amount of money deposited as form of collateral to guarantee that a person charged with a crime will appear in court when scheduled BENCH CONFERENCE a discussion between attorneys and the judge outside the hearing of courtroom BENCH WARRANT authority to find and to bring into court someone who has failed to appear BEYOND REASONABLE DOUBT standard for conviction in a criminal trial PREPONDERANCE OF EVIDENCE standard for winning a civil matter BIRFUCATION trial of certain issues separately BLACK LETTER LAW basic principles of law BLACKS LAW DICTIONARY standard legal reference work BRIEFS papers submitted by attorneys BURDEN OF PROOF obligation to provide affirmative proof on an issue STANDARD OF EVIDENCE how much evidence (or what type) is needed to bear that burden CALENDAR court schedule CASE IN CHIEF primary presentation of evidence by a party CASE LAW printed decisions and opinions of appellate jurisdictions CAUSE OF ACTION situations causing a lawsuit WRIT OF CERTIORARI appellate court order granting a hearing to an appellant CHAIN OF CUSTODY record showing proper maintenance of real evidence CHALLENGE objection to having someone serve as a juror CHAMBERS judges office within a court house 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 APPEAL federal appellate level immediately below the Supreme Court CLASS ACTION suit joined in by a group of people who share a common interest in matter CLOSING STATEMENT attorneys final statement CLOUD ON TITLE claim or lien which impairs an owners otherwise free right to use property QUIET TITLE remove a claim or lien CODE OF FEDERAL REGULATIONS federal regulatory agency rules and regulations which implement federal law COLLATERAL ESTOPPEL a bar to re litigating an issue already been tried between the same parties COLLOQUY any formal conference, conversation or discussion COMMON LAW customary law COMPLAINT plaintiff's initial pleading which a defendant initially answers CONCURRENT SENTENCES 2 or more sentences served at the same time CONFLICT OF INTEREST conflict between the private interests an public obligations CONFRONT ACCUSERS right of a person accused of a crime to face those making accusations CONSECUTIVE SENTENCES 2 or more sentences which must be served one after the other CONTEMPT willfully disobeying a court order COUNTER CLAIM defendant's claim against plaintiff COURT MINUTES summary record of events in a case CROSS EXAMINATION questions by an opposing party after the side calling the witness has examined DEADLOCKED jury is unable to agree on a verdict DECLARANT having an interest in a matter who makes an unsworn statement DECLARATION unsworn statement by one having interest in a matter DEFENDANT person of whom a lawsuit is filed DEMURRER assertion by a defendant that they do not entitle the plaintiff to prevail DEPOSITION questioning by attorneys of a party or witness under oath DEPONENT the person being questioned DIRECT EXAMINATION questioning by the attorney that called the witness DIRECT TESTIMONY answers given during direct examination; or testimony given under oath by a person who is Pro Se DISCOVERY pretrial gathering and exchange of evidence DISMISSED W/PREJUDICE case dismissal that cannot be brought again DISMISSED W/O PREJUDICE dismissal that can be brought again DOCKET NUMBER identifying number assigned when case is files with the court EMEND change or correct to improve the quality of document ENTRAP induce a person to commit a crime, who would otherwise not commit one EQUITY branch of law dealing with results of specific cases