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CourtRoom Dictionary By Isaac Saba Cherem Monday, December 5, 11
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Adjournment
• When a case is not ready to proceed on the day it is listed, it might be postponed ("adjourned") to another day. Also if court proceedings have to be stopped for any reason they are adjourned. If a criminal matter is adjourned and the defendant has not been granted bail he is "remanded" to appear on the adjourned day.
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bail
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When a person is charged with a criminal offence he/she will remain in custody until the hearing of the case unless a magistrate or judge grants bail. This requires a formal promise that he/she will appear at the hearing. As a guarantee that he or she will appear, a sum of money may have to be paid to the court which will be refunded if the defendant appears at the hearing or forfeited if he/she does not.
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Barrister
• A person who has qualified as a lawyer and specialises as an advocate in court appearances.
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Civil Proceedings
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Proceedings brought by the Crown or private persons to redress a wrong which has been suffered and which is not covered by a law which imposes a penalty. The most common involve recovery of a debt, a claim for damages.
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Common Law
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Law is made in two ways. The Parliament passes laws which are known as statute law. Common Law is the law which is developed by judges interpreting the law in the light of previous cases.
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Committal Proceedings
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When a person is charged with a serious criminal offence an investigation is carried out by a Magistrate, usually in a Local Court, to determine whether there is sufficient evidence for the matter to go before a judge and jury. The defendant does not usually present his/her side of the story at these committal proceedings, reserving his/her defence until the trial.
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Contract
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A contract is an agreement between two or more parties which is enforceable. To be enforceable generally, there must be an offer by one party, an acceptance of that offer by the other party and "valuable consideration". Valuable consideration is what is given or done in return for the promise. The usual consideration given is money, goods or some promise to do something or refrain from doing something. A contract may be oral or in writing.
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Criminal Proceedings •
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Proceedings usually brought by the Crown (often the Police) where there has been a breach of the law and a penalty is imposed in an Act for that breach. The common "law" involved is the New South Wales Crimes Act which deals with the common crimes including murder, manslaughter, robbery, stealing and assault (including rape). Proceedings may be brought for statutory offences (i.e. breach of statute law), including breaches of N.S.W. Legislation such as the Motor Traffic Act, the Companies Act, the Licensing Act, the Poisons Act and the Pure Foods Act, and Commonwealth legislation, such as the Commonwealth Crimes Act, the Social Securities Act, the Customs Act, and the various Taxation Acts. 10
Defendant
• A defendant is a party against whom an action or charge has been brought. Once a defendant in criminal proceedings is committed for trial before a judge and jury, he/she is referred to as the accused.
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Equity
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Historically, the common law (made by judges) became entrenched in formal rules which could give rise to injustices. A system of equity also made by judges came into being which provides remedies where it would be unjust or unfair to enforce the common law. Cases now dealt with in the Equity Division of the Supreme Court include claims against people holding property for others (trustees), claims to stop people invading legal rights (injunctions), and claims requiring people to carry out their contracts (specific performance).
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Exhibits
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Documents, articles of clothing, equipment, etc., which are tendered to the Court as evidence by either of the parties to a case, and which are admitted as evidence by the judge or magistrate are referred to as exhibits.
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Judge
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A person appointed to determine disputes between parties. In New South Wales judges determine disputes in most courts other than Local Courts and a number of tribunals and boards. Judges are addressed as "Your Honour".
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Jury
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Members of the community who determine questions as to what happened (fact). There are twelve jurors in a criminal trial and usually four in civil proceedings.
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Magistrate
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A person who presides over Local Courts. Local Courts deal with small debts, less serious crimes, inquests into violent and unexplained deaths and investigations into whether a person may have committed a serious crime (see Committal Proceedings). Magistrates are addressed as "Your Worship".
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Mens Rea
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An intent to commit a crime. (A crime is an offence for which a penalty is prescribed). Mens rea is an essential element of all common law offences, but not always of statutory offences.
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Negligence
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Negligence involves the failure of one party to exercise proper care towards another party and as a result, that other party has suffered an injury or loss -called "damages". Contributory Negligence refers to a situation where even though the first party has been negligent, the other has not shown sufficient care to protect him/herself and by these actions contributed to his/her own sufferings or damages.
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Plaintiff
• A person who brings or commences a civil action.
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Precedent
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A principle established in a past case. A judge or magistrate is bound to follow a decision in a previous case (in which the facts are similar) where the court handing down the decision is higher in the court system. A hierarchy of courts is set out in Part 12. In some cases N.S.W. Courts follow English decisions or decisions of superior courts outside the N.S.W. court system.
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Prosecutor
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A person who presents evidence and conducts the case against an accused person in criminal proceedings. In Local Courts, he or she is usually a specially trained member of the police force. In criminal trials he or she is called a crown prosecutor and is usually appointed from the ranks of practising barristers.
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Solicitor
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A person who is qualified in law and trained to handle legal matters generally. Some solicitors specialise in court appearances but because solicitors also handle other matters they do not usually appear in superior courts (e.g. Supreme Court, Federal Court and High Court).
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Witness
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A person who can give evidence in relation to the facts in issue in legal proceedings.
Cause of action (or claim for relief)!A situation or state of facts that may entitle a party to recover. Civil action! In general, any action that is not a criminal proceeding. All actions brought to enforce, redress, or protect private rights. Closing argument (or summation)!A summary of the evidence and argument of the party's position at trial, made by the party's attorney. It does not constitute evidence.
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Trial
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This word is commonly used to cover all legal proceedings. However, more exactly it refers to a criminal case which is heard by a judge and jury.
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Expressions
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Expressions used in Courtroom You are excused. 1 You can proceed, Mr. (X). 2 You can resume your seat. 3 You can answer the question. 4 You have exhausted that subject, please move on. 5 You may answer the question. 6 You may be seated. 7 You may cross-examine, counsel. 8 You may inquire, Mr. X. 9 You may proceed. 10You may step down.
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Stages of a criminal case
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Arrest • It is denying someones liberty as usual, Using force control and taking the individual to custody.The person making the arrest must have the present power to control the person being arrested.
• http://en.wikipedia.org/ wiki/Arrest
• http:// law.yourdictionary.com/ arrest
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Booking • Its a process during an arrest and it is a registration that has fingerprinting, questioning, searches, and photographsAdditionally, all property on an individual will be confiscated, recorded, and stored at the station.
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Bail • It is a charge made for the defendant most pay to be released of custody until they passed from trial.
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Arrangement • On the arraignment is the conclusion of the court at the arrangement the defendant will be informed about the charges made.
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Plea bargain • its a discussion made of the defendant and theDeputy Attorney General it is a beg that the difendant gives to get minor charges or exchanges of charges.
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Sentence
the judge and the court choose the punishment to the criminal which goes with what he made.
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Appeal is when the person ask for a better and higher court and if the other court find something the first court made wrong they can change them.
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Trial
is where they say if the suspect is guilty or not so is one of the most important parts of all the stages even though all of them are really important
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Character Analiysis
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Juror #4 Name: Ron Kagan Occupation: stock-broker and business man. Brief description: He tells the other jurors to avoid the emotional arguments and he is kind of a liar because he says that he was on the movies but no one saw him, he has no relationship with juror #8 this juror: he is a difficult judge is very difficult to convince and he thinks the case is very fragile and he do not change his vote until he saw the poor vision of the witness “I have. Now sit down and don't open your mouth again.� Other jurors: Juror # 8 attacks this juror's own ability to recollect small details about the case. His role on the case/novel: He is a straight judge difficult to get his vote he has a forceful tone and attacked the other jurors to get some details. if he voted differently it will be more complicated because the jurors have to do something to convince him and let the boy in a non guilty state. I think my vote will be non guilty because its a boy and the some witnesses are very rare because how an old man can hear from an upper floor somethings that the boy say and there is no way that a boy can do that to someone. Monday, December 5, 11
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Plot Analysis
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Plot •
Exposition
They were in a court on NY in summertime. The characters are the 12 jurors the youth guy and his death father. Conflict Internal: -man vs. self: The youth guy has a problem with his self because they kill hiss dad and they are blaming him so he nervous they could take him to jail for something he didn't’t do. External: -man vs. man: Juror 8 and juror 3 because they were attacking each others so that they get a solution to the problem. -man vs. society: the youth had a problem with everyone because they are blaming him of guilty of his fathers death. -man vs. nature: the old man (the neighbor) was getting sick , also the rain was part of his problem. Rising action At the beginning of the story they accused a youth guy of killing his father with a knife. Climax Where they take the youth guy to the court and blame him of killing his own father Falling action When they take him to the court eleven of the twelve jurors vote guilty and the other vote not guilty so when they started to exchange their ideas juror number 8 start convincing the other jurors by saying some facts about the case. Monday, December 5, 11
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Resolution
All the jurors start changing their votes to not guilty except from two jurors which are juror 3 and juror 4 but after all of the facts given they change their ideas so they vote not guilty Outcome All the jurors change their vote to not guilty and the youth guy goes out of the court being not guilty of his father death Topic A problem in the court which they have to solve Theme Justice because they change their votes and say he is not guilty when they were going to take them to jail
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Similarities and differences between book and movie
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Similarities
Diferences
1. in both, all jurors deliberate in a close and isolated room. 2. On both there was jurors that change his vote 3.in both it was raining 4. it was summer in both 5. in both the jurors are nervous because the temperature is high 6.they have the same proofs 7.in both the juror#11 was nervous because of the rain 8. in both there were the same jurors. 9. in both the setting was on a court 10. On the movie and book the juror #3 was the first to vote that the boy is not guilty.
1.the boy is 16 years old and in the book,
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while in the movie he is 18. 2.in the movie they use a black man as a foreman and in the book a white guy. 3.In the movie the juror #3 dont tear the picture of his son. 4. the main judge only appear once on the movie 5. At the end of the movie the juror #7 and 8 talk to each other and say thanks 6. On the book the boy was all the time on the scene 7.On the movie some jurors got into the bathroom to get some fresh air. 8.on the book after the discussion no one speaks 42