ENGLISH LEGAL TERMINOLOGY

1. ENGLISH LEGAL TERMINOLOGY Professor Harland L. Miller, III Visiting Fulbright Scholar Pravna Fakultete Univerze v. Maribor

2. 12 Angry Men What was the defendant charge with?

3. 12 Angry Men What were the key facts for the prosecution’s case?

4. 12 Angry Men • Knife • Testimony of the man downstairs (what he heard and saw) • Defendants lack of memory regarding the movies/alibi. • Argument and “I’ll kill you.” • Testimony of woman who saw murder.

5. 12 Angry Men Guilty? Not Guilty? Innocent?

6. Evidence What is Evidence?

7. Evidence Something (including testimony, documents and tangible objects) that tends to prove or disprove the existence of an alleged fact.

8. Admissible Evidence Evidence that is relevant and is of such a character that the court should receive it.

9. Character Evidence Evidence regarding someone’s general personality traits or propensities.

10. Circumstantial Evidence Evidence based on inference and not on personal knowledge.

11. Direct Evidence Evidence that is based on personal knowledge or observation and that, if true, proves a fact without inference or presumption.

12. Exculpatory Evidence Evidence tending to establish a criminal defendant’s innocence.

13. Hearsay Evidence Testimony given by a witness who relates not what he or she knows, but what others have said. Therefore it is dependent on the credibility of someone other than the witness. (An out of court statement offered for the truth of the matter being asserted.)

14. Impeachment Evidence Evidence which is used to undermine (discredit) a witness’s credibility.

15. Prima Facie Evidence Evidence that will establish a fact or sustain a judgment unless contradictory evidence is produced.

16. Burden of Proof A party’s duty to prove a disputed assertion or charge. • Beyond a Reasonable Doubt • Clear and Convincing • Preponderance of the Evidence

17. Beyond a Reasonable Doubt Reasonable Doubt is the doubt that prevents one from being firmly convinced of a defendant’s guilt, or the belief that there is a real possibility that a defendant is not guilty.

18. Clear and Convincing Evidence indicating that the thing to be proved is highly probable or reasonably certain.

19. Preponderance of the Evidence The greater weight of the evidence, not necessarily established by the number of witnesses testifying, but by evidence that has the most convincing force.

20. Hearsay • Legalese for opening arguments made in court. • Name of a chocolate factory in Pennsylvania. • Holding of a belief that goes against generally accepted standards. • The type of evidence that is often excluded, unless it falls within an accepted category.

21. Hearsay d. The type of evidence that is often excluded, unless it falls within an accepted category.

22. Leading question • A question that suggests its answer. • The first of a series of questions. • A dispute of dancing partners. • An important public issue.

23. Leading question • A question that suggests its answer.

24. Cross-examination • Inspection of a religious relic. • Direct examination of a witness. • Questioning of an adverse witness. • Questioning of a party’s own witness.

25. Cross-examination c. Questioning of an adverse witness.

26. Expert Testimony • Testimony of a witness who directly saw an event take place. • Testimony about the good character of a defendant. • Testimony of a witness who has substantial knowledge and experience in a particular field. • Testimony given by a witness who has rehearsed so much that he or she sounds like an expert.

27. Expert Testimony c. Testimony of a witness who has substantial knowledge and experience in a particular field.

28. Torts A civil wrong (other than a breach of a contract) for which a remedy may be obtained – usually in the form of damages.

29. Torts A breach of a duty that the law imposes on persons. The law of injuries and remedies

30. Examples Assault, battery, false imprisonment, intentional infliction of emotional distress, negligence, invasion of privacy, defamation, fraud or misrepresentation, wrongful conversion and trespass.

31. Civil Liability v. Criminal Guilt A person can be “liable” for a tort. (for example – she was liable for the injuries she caused in the car accident) In criminal law, a person is found “guilty” of a crime.

32. Negligence 4 Elements: • Duty owed to a person • Breach of that Duty • Proximate Cause to damages • Damages/injuries

33. Example Duty owed: A duty to drive safely Breach: run a red light Proximate Cause: CRASH Damages/Injuries: Damage to car and injuries to person

34. Intentional tort A tort committed by someone acting with general or specific intent. (The wrongdoer intended his actions as in an assault, battery, false imprisonment) Compare with negligence, where there was a failure to observe a standard of care, but no intent to cause the damage.

35. Damages Money claimed by, or ordered to be paid to, a person as compensation for a loss or injury.

36. Compensatory Damages An amount awarded to a person to compensate them for the loss or injury they sustained.

37. Punitive Damages Damages awarded in addition to actual (compensatory) damages when the defendant acted with recklessness, malice, or deceit – The purpose is to punish the tortfeasor for his intentional acts.

38. Injunctive relief A court order commanding or prohibiting an action. (example: The Defendant shall refrain from entering the premises of the Plaintiff.)

39. Tort • A cake in Germany or Austria, or a sandwich in Mexico. • A breach of contract punishable by imprisonment. • A civil wrong or private injury not based on contract law. • An involuntary action which amounts to a criminal offense because of an actual or potential injury.

40. Tort c. A civil wrong or private injury not based on contract law.

41. Assault • A mineral from the Dead Sea. • A military invasion. • The civil wrong of inflicting actual bodily injury on another. • The act of putting a person in reasonable apprehension (fear) of imminent (immediate) bodily injury.

42. Assault c. The civil wrong of inflicting actual bodily injury on another.

43. Punitive damages • Damages to compensate for injury. • Civil damages meant to punish the wrongdoer for causing injury. • “Nominal” or minimal damages. • Non-monetary damages, such as an injunction (injunctive relief) or “specific performance” of a contract obligation.

44. Punitive damages b. Civil damages meant to punish the wrongdoer for causing injury.

45. Intentional Infliction of Emotional Distress • A cause of action that allow for recovery after a person is insulted. • A cause of action for the intentional breach of a contract obligation • A cause of action where a person’s behavior is so outrageous and extreme that it will result in serious emotional distress. • A cause of action for putting another person in fear of being hit.

46. Intentional Infliction of Emotional Distress c. A cause of action where a person’s behavior is so outrageous and extreme that it will result in serious emotional distress.

47. Proximate Cause • In negligence law, the creation of a legal duty. • In negligence law, the breach of a legal duty. • A close relationship between a plaintiff’s foreseeable injuries and a defendant’s action (or failure to act). • In negligence law, the damages resulting from a breach of duty.

48. Proximate Cause d. In negligence law, the damages resulting from a breach of duty.

49. Libel • Being in position for something to happen. • Responsibility for a legal obligation. • A defamatory publication in writing. • A defamatory publication that is spoken.

50. Libel c. A defamatory publication in writing.