English Legal Terminology and Court Procedures
What this domain tests
This domain checks English-language legal terminology and the procedural sequence of common-law courts, especially U.S. and English criminal and civil procedure. You need to recognise stages, actors, documents and remedies.
Core rules and concepts
- Criminal stages: investigation, arrest, initial appearance, charging (complaint, indictment or information), arraignment and plea, discovery, pre-trial motions, trial, verdict, sentencing, appeal. In U.S. federal practice a grand jury returns an indictment; a prosecutor may file an information.
- Civil stages: pleadings (complaint, answer), service, discovery (interrogatories, requests for production, depositions), pre-trial motions (summary judgment, motion in limine), trial, judgment, appeal.
- Standards of proof: criminal - beyond a reasonable doubt; civil - preponderance of the evidence; some issues - clear and convincing evidence.
- 'Defendant' is the accused in criminal cases and the defending party in civil cases; 'plaintiff' (U.S.) or 'claimant' (England) sues.
- Hearsay is an out-of-court statement offered for its truth; exceptions and exemptions matter.
Worked example
Question: 'At which stage does the accused enter a plea?' Options: arraignment, indictment, discovery, sentencing. Reasoning: an indictment is a charging document; discovery is evidence exchange; sentencing follows conviction. The plea is entered at arraignment, where the charges are read and the defendant pleads guilty or not guilty. Answer: arraignment.
Traps
- Equating 'indictment' with 'conviction'.
- Using 'defendant' only for criminal cases.
- Mixing 'sentencing' with 'conviction'.
- Treating 'prosecutor' and 'attorney' as interchangeable; a defence attorney is not a prosecutor.
- Translating 'arraignment' as 'арест'; it is a plea hearing, not an arrest.