| Acquit |
To find a defendant not guilty of a
criminal offense. |
| Acquittal
|
Judgment that a criminal defendant has
not been proved guilty beyond a reasonable doubt.
|
| Act of
God |
A natural disaster such as an earthquake
or a volcanic eruption, or a storm is termed as an act of god.
Most insurance companies exclude such events from the
insurance contract's list of insurable
occurrences. |
| Ad
Hoc |
A temporary arrangement. |
Affidavit |
A written statement of facts confirmed by
the oath of the party making it, before a notary or officer
having authority to administer oaths. |
Appeal |
A request made after a trial, asking
another court (usually the court of appeals) to decide whether
the trial was conducted properly. To make such a request is
"to appeal" or "to take an appeal." |
| Approach the
bench |
Approach the judge's desk in order to
speak to the judge off the record and out of earshot of the
jury. |
| Approach the
witness |
Request the judge for approaching the
witness stand to show the witness a document or an
exhibit. |
| Arguendo |
A legal term commonly used in appeal
briefs. In Latin "For the sake of an argument". |
| Arraignment |
The first phase of a criminal proceeding
in which the accused appears before a judge to hear charges
against him/her and to enter a plea, appoint a counsel, and to
have a bail reviewed and set. |
| Attorney |
Also known as Lawyer; A person authorized
to practice law. |
| Bail |
A security given for the release of a
criminal defendant or witness from legal custody (usually in
the form of money) to secure his/her appearance on the day and
time appointed. |
| Bankruptcy
|
Refers to statutes and judicial
proceedings involving persons/businesses that cannot pay their
debts and seeks courts assistance to discharge debts and get a
fresh start. |
| Black's Law
Dictionary: |
A standard source for legal
definitions. |
| Brief
|
A written statement submitted by the
attorney explaining the judge why they should decide the case
or a particular part of a case in favor of that attorney's
client. |
| Capital offense
|
A crime punishable by death.
|
| Case law
|
The law as laid down in cases that have
been decided in the decisions of the courts. |
| Caveat |
A Latin term translated "Let him
beware". |
Caveat Emptor |
A Latin term translated "Let the buyer
beware". |
| Chambers
|
The judge's office. |
| Circumstantial
evidence |
Statements or information obtained
indirectly, or not based on first hand experience by a person.
Circumstantial evidence can include, in part, inferences about
an event that was not seen. |
| Closing arguments
|
At the conclusion of all the evidence,
each attorney presents to the judge or jury what they think
the evidence means and proves, their response to the argument
from the other side and why their side should win.
|
| Complaint |
The initial document filed with the court
by the plaintiff claiming legal rights against another
party |
| Contempt of
Court |
A punishable crime for willful
disobedience of a court order or disrespectful behavior in the
courtroom. |
| Cop a
plea |
An agreement to plead guilty or no
contest in return for leniency in sentence. |
| Court of
equity |
A court that handles lawsuits dealing
with remedies other than damages, like writs and injunctions.
Federal Bankruptcy courts now are the only courts of
equity. |
| Court of
law |
A court that hears cases and passes
verdicts based on statutes. All courts except the federal
bankruptcy courts now are courts of law. |
| Cross
examination |
An attorney's questioning of a witness
called to testify by the other side in the case. The attorney
can ask questions that suggest an answer known as "leading
questions". |
| Cy
pres |
French word (pronounced See-pray) meaning as close as
possible". |
| Damages |
Money paid by defendants to successful
plaintiffs in civil cases to compensate the plaintiffs for
their injuries. |
| Defendant |
Also known as respondent; The party
against whom charges are brought in a lawsuit or a
prosecution. |
| Direct Evidence
|
Evidence including testimony provided by
a witness who saw or heard an event. Direct evidence may also
include a videotape or audiotape of an event. See also
Circumstantial evidence. |
| Direct
Examination |
The initial questioning by an attorney of
a witness they have called to the stand. Generally, the
attorney can only ask questions that do not suggest an answer
or "non leading questions". |
| Document |
A generic term for any
paper. |
| Due
process |
Basic legal safeguards to which every
citizen has an absolute right. Under the due process doctrine,
the most basic rights safeguarded are:
- The right to be given a notice before a
trial
- The opportunity to be heard
|
| Et al. |
Latin for "and others." |
| Et
ux. |
From the phrase "Et-uxor" meaning "And
Wife". |
| Evidence
|
Information presented in testimony or in
documents that is used to persuade the fact finder (judge or
jury) to decide the case for one side or the
other. |
| Ex post
facto |
Latin for "after the fact." |
| Exhibit
|
A paper document or other physical object
presented to the court as evidence during a
trial. |
| Expunge |
To cancel out or erase. |
| Extenuating
circumstances |
Circumstances that make a crime appear
less serious, less aggravated or without criminal intent and
thereby warranting a lenient punishment. |
| Federal question
|
Jurisdiction given to federal courts in
cases involving the interpretation and application of the U.S.
Constitution, acts of Congress, and treaties. |
| Felony
|
A crime carrying a penalty of more than a
year in prison. |
| File
|
To place a paper in the official custody
of the clerk of court to enter into the files or records of a
case. |
| General Counsel |
Senior lawyer of the law firm.
|
| Go
bail |
To put up bail money to get an accused
defendant out of jail after an arrest. |
| Grand jury
|
A body of citizens who listen to evidence
of criminal allegations, which are presented by the
government, and determines whether there is probable cause to
believe the offense was committed. |
| Habeas corpus |
A writ usually used to bring a prisoner
before the court to determine the legality of his
imprisonment. It may also be used to bring a person in custody
before the court to give testimony, or to be prosecuted.
|
| Hearsay
|
Statements by a witness who did not see
or hear the incident in question but heard about it from
someone else. Hearsay is usually not admissible as evidence in
court. |
| Hornbook
law |
A fundamental legal principle that
requires no further explanation. |
| Hung
jury |
A jury that is unable to reach a verdict
which, if it persists, usually results in a mistrial being
declared by the court. |
| Impeachment |
During a trial, the process of trying to
undermine the testimony of a witness. This is sometimes called
"impeaching the testimony of a witness." For example, a
witness credibility may be called into question by showing
they are biased, inaccurate, unreliable, dishonest, or
incorrect in some manner. |
| In
absentia |
Meaning "In one's absence". |
| Incriminate |
To make a statement admitting commission
of a crime or indicating that someone else has committed a
crime. Under the Fifth Amendment, a person can't be forced to
provide such a statement. |
| Indictment
|
The formal charge issued by a grand jury
stating that there is enough evidence that the defendant
committed the crime to justify having a trial; it is used
primarily for felonies. |
| Injunction
|
An order of the court prohibiting (or
compelling) the performance of a specific act to prevent
irreparable damage or injury. |
| Jurisdiction |
The legal authority of a court to hear
and decide a case. Concurrent jurisdiction exists when two
courts have simultaneous responsibility for the same case. The
term may also be used to refer to the geographic area over
which the court has authority to decide cases. See also venue.
|
| Jurisprudence
|
The study of law and the structure of the
legal system. |
| Jury
|
Persons selected according to law and
sworn to inquire into and declare a verdict on matters of
fact. |
| Jury instructions
|
Jury instructions tell the jury what the
laws are that govern a particular case. Jury instructions
include defining the elements of the charge offense defining
the burden of proof. Each attorney gives the judge a set of
proposed jury instructions. The judge considers each
instruction and gives the ones that properly states the law
that applies to the case. The jurors must accept and follow
the law as instructed by the judge. |
| Libel |
Published or broadcast
defamation. |
| Litigation
|
A case, controversy, or lawsuit.
Participants, plaintiffs and defendants, in lawsuits are
called litigants. |
| Mistrial |
An invalid trial, caused by fundamental
error. When a mistrial is declared, the trial must start again
from the selection of the jury. |
| Opening Argument |
At the beginning of a case, the
attorneys' presentation to the judge or jury of their view of
the case based upon the anticipated evidence. |
| Perjury |
Lying under oath, which is a criminal
offense. |
| Plaintiff |
The party that brings a civil action. In
a criminal action, the party bringing the action is the State
or the State's representative. |
| Plea
|
In a criminal case, the defendant's
statement pleading "guilty" or "not guilty" in answer to the
charges, a declaration made in open court. |
| Pleadings
|
Written statements of the parties in a
civil case of their positions. In the federal courts, the
principal pleadings are the complaint and the answer.
|
| Precedent
|
A court decision in an earlier case with
facts and law similar to a dispute currently before a court.
Precedent will ordinarily govern the decision of a later
similar case, unless a party can show that it was wrongly
decided or that it differed in some significant way.
|
| Pro
bono |
Latin for "the public good." Lawyers take
on pro bono work free of charge for people or organizations
without the resources to hire representation. |
| Pro
bono |
From Latin word "pro bono publico" for the public good; being,
involving, or doing legal work donated especially for the
public good. |
| Probation
|
A sentencing alternative to imprisonment
in which the court releases convicted defendants under
supervision as long as certain conditions are
observed. |
| Prosecute
|
To charge someone with a crime. A
prosecutor tries a criminal case on behalf of the
government. |
| Quid pro quo |
Latin Word meaning "something for
something" what each party in an agreement expects from the
other. |
| Rainmaker |
The attorney who brings in a lot of
business at a law firm. |
| Rebuttal
|
The introduction of opposing evidence to
counter other testimony or evidence. |
| Remand
|
When an appellate court sends a case back
to a lower court for further proceedings. |
| Rescind |
To cancel a contract. This is done by
mutual agreement, since unilateral cancellation is a breach of
contract and (gasp!) often results in a lawsuit. |
| Reverse
|
When an appellate court sets aside the
decision of a lower court because of an error. A reversal is
often followed by a remand. |
| Sanctions |
Damages, restrictions, conditions, or
summary judgement ordered by a court for the failure of a
party or attorney to comply with a rule, regulation, statute,
order or procedure. |
| Sentence
|
The punishment ordered by a court for a
defendant convicted of a crime. |
| Seriatim |
Latin for "one after another";
serially. |
| Sine qua
non |
Latin for "without which it could not
be." Refers to an indispensable action or condition that
incited damage or injury. |
| Statute
|
A law passed by a legislature.
|
| Subpoena
|
A command to a witness to appear and give
testimony. |
| Testimony |
Evidence presented orally by witnesses
during trials or before grand juries. |
| Tort
|
A civil wrong or breach of a duty to
another person, as outlined by law. A very common tort is
negligent operation of a motor vehicle that results in
property damage and personal injury in an automobile accident.
|
| Verdict |
The decision of a petit jury or a judge.
|
| Warrant |
A written order directing the arrest of a
party. A search warrant orders that a specific location be
searched for items, which if found, can be used in court as
evidence. |
| Writ
|
A formal written command, issued from the
court, requiring the performance of a specific act.
|
| Your honor |
The way to address the judge in
court. |
