A B C D E F G H I J K L M N O P Q R S T U V W X Y Z
A
Adjudication - Giving or pronouncing a judgment or decree, or the rendering of a decision on a matter before a court.
Admissible Evidence - Evidence which can legally and properly be used in court.
Admission - A statement tending to establish the guilt or liability of the person making the statement.
Adversary System - The system of trial practice in which each of the opposing, or adversary, parties has the opportunity to present and establish opposing contentions before the court.
Affidavit - A written and sworn statement witnessed by a notary public or another official possessing the authority to administer oaths.
Allegation - The assertion, declaration, or statement of a party to an action, made in a pleading, establishing what the party expects to prove.
Answer - A pleading by which defendant responds to the plaintiff's complaint.
Appeal - The bringing of a case to a higher court for review of a lower court's order or judgment.
Appearance - The formal proceeding by which defendant submits to the jurisdiction of the court.
Appellant - The party appealing a final decision or judgment.
Appellate court - A court which hears appeals from a lower court.
Appellate Jurisdiction - The appellate court has the right to review and revise the lower court decision.
Appellee - The party against whom an appeal is taken.
Arraignment - In a misdemeanor case, the initial appearance before a judge at which the criminal defendant enters a plea.
Arrest Of Judgment - Postponing the effect of a judgment already entered.
Attorney of Record - Attorney whose name appears in the records or files of a case.
Bail - A sum of money posted by or on behalf of a defendant to guarantee his appearance in court.
Bail Bond- An obligation signed by the defendant to secure his/her presence in court.
Bail Bondsman - A person who posts bail in exchange for a fee, usually 10 percent of the total bail.
Bailiff - A court officer whose duties are to keep order in the courtroom and to have custody of the jury.
Bench Trial - Trial without a jury in which the judge decides the case.
Bench Warrant - An order issued by the court for the arrest of a person.
Beyond A Reasonable Doubt - Entirely convinced; in a criminal case the defendant's guilt must be proven to the jury to this extent.
Brief - A lawyer's written statement of a client's case filed in court. It usually contains a summary of the facts in the case, the pertinent laws, and an argument of how the law applies to the facts supporting the client's position.
Burden Of Proof - The duty to establish a claim or allegation by admissible evidence. This is the duty of the state in a criminal case.
Calendar - A court's list of cases for arraignment, hearing, trial or arguments.
Caption - The heading or introductory clause of papers connected with a case in court, which shows the names of the parties, name of the court, docket number of the case, etc.
Case Law - The law made by courts interpreting cases.
Cause Of Action - A claim in law in fact sufficient to justify a legal right to sue.
Challenge To The Array - Questioning the qualifications of an entire jury panel.
Chambers - A judge's private office in the courthouse.
Change Of Venue - The removal of a suit begun in one county or district to another for trial, or from one court to another in the same county or district.
Charge - The statement accusing a person of committing a particular crime.
Circumstantial evidence - All evidence of an indirect nature. Testimony not based on actual personal knowledge or observation of the facts in controversy.
Citation - An order of the court requiring the appearance of a defendant on a particular day to answer to a particular charge.
Clerk of the court - Court official who keeps court records, files pleadings, motions, and judgments, and administers the oath to jurors and witnesses.
Code - Rules and regulations enacted by the legislature.
Commit - To send a person to prison or jail in criminal proceedings.
Common law - General provisions of law existing before codification or interpretation by courts.
Competency - A witness's ability to observe, recall and recount under oath what happened. Criminal defendants must also be competent to stand trial; they must understand the nature of the proceedings and have the ability to assist their lawyers.
Complainant - Synonymous with "plaintiff," or, in criminal cases, the complaining witness.
Complaint - The first pleading on the part of the plaintiff in a civil action.
Concurrent jurisdiction - The jurisdiction of two or more courts, each authorized to deal with the same subject matter.
Conditional release - A release from custody which imposes regulations on the activities and associations of the defendant.
Contempt of court - Any act involving disrespect to the court or failure to obey its rules or orders.
Continuance - A court order postponing proceedings.
Conviction - In a criminal case, a finding that the defendant is guilty.
Corroboration - Confirmation or support of a witness' statement or other fact.
Corroborating evidence - Evidence supplementary to that already given and tending to strengthen or confirm it.
Court reporter - A court official who records testimony and arguments, and transcribes it into a permanent record of all court proceedings.
Costs - An allowance for expenses in prosecuting or defending a suit.
Courts of record - Courts whose proceedings are permanently recorded, and which have the power to fine or imprison for contempt.
Criminal case - A case brought by the government against a person accused of committing a crime.
Criminal insanity - Lack of mental capacity to do or abstain from doing a particular act; inability to distinguish right from wrong.
Cross-examination - The questioning of a witness by the lawyer for the opposing side. This may be done by leading questions, questions which suggest the answer.
Custody - The right to or responsibility for a child's care and control, carrying with it the duty of providing food, shelter, medical care, education and discipline.
Decree - A decision or order of the court.
Default - Occurs when a defendant fails to respond to the plaintiff's complaint within the time allowed, or fails to appear at the trial.
Defendant - The accused in a criminal case; the person from whom money or other recovery is sought in a civil case.
Deliberation - The jury's decision-making process after hearing the evidence and closing arguments and being given the court's instructions.
Deposition - The taking of testimony of a witness under oath outside of court, usually transcribed in writing by a court reporter, or less frequently, recorded on videotape.
Direct evidence - Evidence in the form of testimony from a witness who actually saw, heard, or touched the subject of interrogation.
Direct examination - The first questioning of a witness by the attorney for the party on whose behalf the witness is called.
Directed verdict – In instances in which there is insufficient basis for any other conclusion, the judge may rule in favor of a defendant rather than submitting the case to the jury.
Discovery - The process through which parties to an action are allowed to obtain relevant information known to other parties or nonparties before trial.
Dismissal without prejudice - A dismissal which permits the plaintiff to sue again on the same cause of action or the state to proceed again.
Diversion - The formal continuance of a case for a certain length of time, with the goal of dismissal if the defendant meets certain conditions.
Docket - A brief entry or the book containing such entries of any proceeding in court.
Domicile - That place where a person has his true and permanent home.
Double jeopardy - Common law and constitutional prohibition against more than one prosecution for the same crime.
Due process - The guarantee that no person be deprived of life, liberty, or property without a fair and adequate process.
Equity, courts of - Courts which administer a legal remedy according to the system of equity, as distinguished from courts of common law. Equitable powers are flexible and try to do justice. Courts of law are rigid and must act strictly according to the law.
Et al - An abbreviation of et alii, meaning "and others," ordinarily used in lieu of listing all names of persons involved in a proceeding.
Et seq - An abbreviation for et sequentes, or et sequentia, "and the following," ordinarily used in referring to a section of statutes.
Evidence - Testimony, records, documents, material objects, or other things presented at a trial to prove the existence or nonexistence of a fact.
Exclusionary rule - A rule by which evidence that was obtained illegally cannot be used in a criminal trial against a defendant.
Exclusion of witnesses - An order of the court requiring all witnesses to remain outside the courtroom until each is called to testify, except the plaintiff or defendant.
Exclusive jurisdiction - The matter can only be filed in one court.
Exhibit - A paper, document or other article presented and offered into evidence in court during a trial or hearing to prove the facts of a case.
Ex Parte - By or for one party only.
Expert Testimony - Testimony given in relation to some scientific, technical or professional matter by experts.
Ex Post Facto - After the fact, ordinarily used in reference to constitutional prohibition on ex post facto laws.
Expungement - A court order allowing the destruction or sealing of records after the passage of a specified period of time.
Fine - A sum of money paid as part of a penalty of conviction for a particular criminal offense.
Fourteenth Amendment - Among other matters, the 14th Amendment to the U.S. Constitution prohibits states from depriving any person of life, liberty, or property without adequate due process.
Fourth Amendment - The 4th Amendment to the U.S. Constitution protects every person against unreasonable search and seizure by government officials.
Hearing - A formal proceeding (generally less formal than a trial) with definite issues of law or of fact to be heard.
Hearing De Novo - A full new hearing.
Hearsay - Second-hand evidence, generally consisting of a witness's testimony that he/she heard someone else say something.
Hostile Witness - A witness who displays antagonism toward the party who called him to testify, or who is a witness for the opposing party. The examining party is allowed to conduct direct examination as if it were cross-examination.
Hung Jury - A jury which cannot agree on a final verdict.
Hypothetical Question - A form of question generally used for expert witnesses.
Judgment - The official decision of a court disposing of a case.
Jurisdiction - The legal authority of a court to hear a case or conduct other proceedings; power of the court over persons involved in a case and the subject matter of the case.
Jurisprudence - Formal study of the principles on which legal rules are based and the means by which judges guide their decision making.
Jury commissioner - An officer charged with the duty of selecting the names to be put into a jury wheel, or of drawing the panel of jurors for a particular term of court.
K
LLading question - One which virtually instructs a witness how to answer or puts into his mouth words to be echoed back; one which suggests to the witness the answer desired.
Liability - A legal responsibility, obligation, or debt.
Litigant - A party to a lawsuit; one engaged in litigation.
Malfeasance - Unlawful conduct.
Material evidence - Evidence which is relevant to the issues in a case.
Mens Rea - Literally, "guilty mind." The intent required to commit the crime.
Misdemeanor - A minor offense, lower than a felony, which is punishable by a county jail term of up to one year and/or a fine, but not prison.
Mistrial - A trial which is void because of some error.
Mitigating circumstance - A circumstance which may be considered to reduce the degree of moral culpability, although it does not entirely justify or excuse an offense.
Moot - A moot point is one that need not be decided, due to a change of circumstances.
Motion - A formal request presented to a court.
Negligence - Failure to exercise the care that an ordinarily prudent person would exercise in the same circumstances.
Nolle prosequi - A formal entry upon the record by the prosecuting officer in a criminal case, declaring the case will not be prosecuted.
Nolo contendere - A Latin phrase meaning "I will not contest it." A plea in a criminal case which does not require the defendant to admit guilt, but the defendant does not contest the facts on which the charge is based
Not guilty plea - Complete denial of guilt.
Objection - The act of taking exception to some statement or procedure in trial or other proceeding.
Of Counsel - A phrase commonly applied to counsel employed to assist in the preparation or management of the case, or its presentation on appeal, but who is not the principal attorney for the party.
Opinion Evidence - Witnesses are normally required to confine their testimony to statements of fact and are not allowed to give their opinions in court. However, if a witness is qualified as an expert in a particular field, he or she may be allowed to state an opinion as an expert based on certain facts.
Order To Show Cause - Court order requiring a party to appear and show cause why the court should not take a particular course of action. If the party fails to appear or to give sufficient reasons why the court should take no action, the court will take the action.
Ordinance - A written law enacted by the legislative body of a county, city, or town.
Original Jurisdiction - The court in which a matter must first be filed.
Parties - The persons who are actively involved in the prosecution or defense of a legal proceeding, including the plaintiff or prosecution, the defendant and any "third party defendant".
Peremptory Challenge - Each party to a suit tried to a jury has the right to peremptorily "challenge" (reject) a certain number of prospective jurors without giving a reason.
Perjury - Lying while under oath.
Petit Jury - The ordinary jury of twelve (or fewer) persons for the trial of a civil or criminal case.
Plaintiff - A person who files a lawsuit.
Plea - The defendant's formal response to a criminal charge.
Plea Bargaining - A process whereby the prosecutor and defense attorney negotiate a mutually satisfactory disposition of the case. The court and the defendant must approve of any settlements.
Pleading - The formal allegations by the parties of their respective claims and defenses.
Polling The Jury - A practice whereby the jurors are asked individually on the record whether they agreed, and still agree, to the verdict.
Precedent - A rule of law that is established by an appellate court in an earlier case serves as binding precedent in all subsequent similar cases.
Prejudicial Evidence - Evidence which might unfairly sway the judge or jury to one side or the other.
Prejudicial Error - Synonymous with "reversible error"; an error which warrants the appellate court in reversing the judgment before it.
Pre-sentence Report - An investigation conducted at the request of the court after a person has been found guilty of a crime. The purpose is to provide the court with extensive background information to determine the appropriate sentence.
Prima Facie - Literally, "on its face." A fact presumed to be true unless disproved by some other evidence. In a criminal case, when the prosecution rests, the state's case is said to be prima facie, if the evidence so far introduced is sufficient to convict.
Privileged Communications - Confidential communications to certain persons that are protected by law against any disclosure, including forced disclosure in legal proceedings.
Probable Cause - A judicial finding that there exists reasonable grounds for belief that a person should be arrested or searched.
Probation - A sentence releasing a convicted criminal into the community under the supervision of a probation officer, requiring compliance with certain conditions.
Pro Se - For himself; in his own behalf. One who does not retain a lawyer and appears for himself in court.
Prosecutor - The name of the public officer who is appointed in each county or city to conduct criminal prosecutions on behalf of the state or people.
Public Defender - Lawyers regularly employed by the government to represent people accused of crimes who cannot afford to hire their own.
Q
Quash - To overthrow; vacate; to annul or void a summons, indictment, bindover order or subpoena.Reasonable doubt - A person accused of a crime is entitled to acquittal if, in the minds of the jury or judge, his or her guilt has not been proved beyond a "reasonable doubt"; the jurors are not entirely convinced of the person's guilt.
Rebuttal evidence - Evidence given to explain, contradict, or disprove facts offered by the adverse party. In criminal cases, the state has the opportunity to rebut the defendant's case because it has the burden of proof.
Recognizance - A kind of bail, consisting of a written promise to appear in court when required. Generally, when there is no good reason to suppose the accused in a criminal case will not appear when required or the accused is not a significant risk to the community, he or she will be released on his or her own recognizance.
Redirect Examination - Follows cross-examination, and is conducted by the party who first examined the witness.
Relevant - Evidence that helps to prove a point or issue in a case.
Remand - "To send back"; For example, an appellate court may remand a case to a lowercourt for retrial or for some change in disposition.
Removal, Order of - An order by a court directing the transfer of a case to another court. For example, when a case is proper for jurisdiction in federal court, the federal court may remove the case from the state court in which it was originally filed.
Res Jdicata - A rule of civil law that once a matter has been litigated and final judgment has been rendered by the trial court, the matter cannot be relitigated by the parties in the same court, or any other trial court. A court will use res judicata to deny reconsideration of a matter.
Rest - A party is said to "rest" or "rest his case" when he/she has presented all the evidence he/she intends to offer.
Restitution - Court-ordered payment to restore goods or money to the victim of a crime by the offender.
Sealing - The closure of court records to inspection, except to the parties.
Search and seizure, unreasonable - In general, an examination, without authority of law, of one's premises or person to find stolen property or contraband.
Search Warrant - An order issued by a judge or magistrate commanding a sheriff, constable, or other officer to search a specified location.
Sentence - The judgment formally pronounced by the court upon the defendant after conviction in a criminal prosecution, imposing the punishment to be inflicted.
Suspended Sentence - A sentence ordered by the court but not imposed, which gives the defendant an opportunity to complete probation.
Deferred Sentence - The court retains jurisdiction to sentence the defendant at a later time.
Service Of Process - Notifying a person that he or she has been named as a party to a lawsuit or has been accused of some offense.
Standard Of Proof - In criminal cases, the offense must be proven beyond a reasonable doubt, the highest standard.
Stare Decisis - The doctrine that, when a court has once laid down a principle of law applicable to a certain set of facts, it will adhere to that principle and apply it to future cases where the facts are substantially the same.
Statute - A law passed by the state legislature.
Statute Of Limitations - A certain time allowed by statute in which litigation must be brought. In criminal cases, prosecution is barred if not brought within the statute of limitations.
Stay - A stopping or arresting of a judicial proceeding by order of a court.
Stipulation - An agreement by attorneys on opposite sides of a case as to any matter pertaining to the proceedings or trial.
Subpoena - An official order to appear in court (or at a deposition) at a specific time.
Subpoena Duces Tecum - A special form of subpoena which commands a witness to produce certain documents or records in a trial or at a deposition.
Substantive Law - The law dealing with rights, duties and liabilities, as contrasted with procedural law, which governs the technical aspects of enforcing civil or criminal laws.
Summons - A notice to the named person that an action has been commenced against him in court and that he is required to appear, on the day named, and answer the complaint.
Suppression Hearing - A hearing on a criminal defendant's motion to prohibit the prosecutor's use of evidence alleged to have been obtained in violation of the defendant's rights.
T
Testimony - Information or evidence given by a witness under oath.Transcript - The official record of proceedings in a trial or hearing.
Trial - A judicial examination of issues between parties to an action.
Trial De Novo - A new trial or retrial held in an appellate court in which the whole case is heard as if no trial had been heard in the lower court or administrative agency.
Venue - The particular county, city or geographical area in which a court with jurisdiction may hear and determine a case.
Verdict - The formal and unanimous decision or finding made by a jury.
Voir Dire -"To speak the truth". The questioning of potential jurors by the judge and the lawyers to determine any biases, prejudices or other reasons for disqualification.
Waive - to sign a written document (a "waiver") giving up a right, claim, privilege, etc.
Writ Of Possession - a document issued by the court after the landlord wins an unlawful detainer (eviction) lawsuit. The writ of possession is served on the tenant by the sheriff. The writ informs the tenant that the tenant must leave the rental unit by the end of five days, or the sheriff will forcibly remove the tenant.
