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A
Action - Proceeding taken in a court of law.
Synonymous with case, suit lawsuit.
Adjudication - A judgment or decree
Adversary system - Basic U.S. trial system in
which each of the opposing parties has opportunity to state his
viewpoints before the court. Plaintiff argues for defendant's
guilt (criminal) or liability (civil). Defense argues for defendant's
innocence (criminal) or against liability civil)
Affidavit - A written or printed declaration
or statement under oath
Affirm - The assertion of an appellate court
that the judgment of the lower court is correct and should stand.
Allegation - An assertion, declaration or statement
of a party to an action made in a pleading, stating what he expects
to prove.
B
Best evidence - Primary evidence; the best evidence
which is available; any evidence falling short of this standard
is secondary.
Brief - A legal document, prepared by an attorney
which presents the law and facts supporting his client's case
Burden of proof - Measure of proof required to
prove a fact. Obligation of a party to probe facts at issue in
the trial of a case
C
Case - Any proceeding, action, cause, lawsuit
or controversy initiated through the court system by filing a
complaint, petition, indictment or information.
Caseload - The number of cases a judge handles
in a specific time period.
Cause of action - A legal claim.
Certificate under penalty of perjury - A written
statement, certified by the maker as being under penalty of perjury.
In many circumstances, it may be used in lieu of an affidavit.
Certiorari - Procedure for removing a case from
a lower court or administrative agency to a higher court for review.
Challenge for cause - A request by a party that
the court excuse a specific juror on the basis that the juror
is biased.
D
Damages - Compensation recovered in the courts
by a person who has suffered loss, detriment or injury to his/her
person, property or rights, through the unlawful act or negligence
of another.
De novo - "Anew." A trial de novo is
a completely new trial held in a higher or appellate court as
if the original trial had never taken place.
Declamatory judgment - A judgment that declares
the rights of the parties on a question of law.
Decree - Decision or order of the court. A final
decree completes the suit; an interlocutory decree is a provisional
or preliminary decree which is not final.
Default - A failure of a party to respond in
a timely manner to a pleading; a failure to appear for trial.
Defendant - 1 (criminal) Person charged with
a crime. 2. (civil) Person against whom a civil action is brought.
Defense attorney - The attorney who represents
the defendant.
Deposition - Sworn testimony taken and recorded
in an authorized place outside of the courtroom, according to
the rules of the court.
E
Enjoin - To require a person to perform, or abstain
or desist from some act.
Evidence - Any form of proof legally presented
at a trial through witnesses, records, documents, etc.
Exception - A formal objection of an action
of the court, during the trial of a case, in refusing a request
or overruling an objection; implying that the party excepting
does not acquiesce in the decision of the court and will seek
to obtain its reversal.
Exhibit - Paper, document or other object received
by the court as evidence during a trial or hearing.
F
Fair Preponderance-- Evidence sufficient to create
in the minds of the triers of fact the belief that the party which
bears the burden of proof has established its case.
Felony - A crime of grave nature than a misdemeanor.
Fine - A sum of money imposed upon a convicted
person as punishment for a criminal offense.
File - 1. The complete court record of a case.
2. "To file" a paper is to give it to the court clerk
for inclusion in the case record. 3. A folder in a law office
(of a case, a client, business records, etc.)
G
General jurisdiction - Refers to courts that
have no limit on the types of criminal and civil cases they may
hear. Superior courts are courts of general jurisdiction.
Grand Jury - A body of persons sworn to inquire
into crime and, if appropriate, bring accusations (indictments)
against the suspected criminals.
Guardian ad litem - A person appointed by a
court to manage the interests of a minor or incompetent person
whose property is involved in litigation
H
Hearing - An in-court proceeding before a judge,
generally open to the public.
Hearsay - Evidence based on what the witness
has heard someone else say, rather than what the witness has personally
experienced or observed.
Hung Jury - A jury whose members cannot agree
on a verdict.
I
Immunity - Freedom from duty or penalty.
Impeachment of a witness - An attack on the
credibility of a witness by the testimony of other witnesses.
Inadmissible - That which, under the established
rules of evidence, cannot be admitted or received.
Induction - Writ or order by a court prohibiting
a specific action from being carried out by a person or group.
J
Judge - An elected or appointed public official
with authority to hear and decide cases in a court of law.
Judgment - Final determination by a court of
the rights and claims of the parties in an action.
Judge pro tem - Temporary judge.
Jurisdiction-- Authority of a court to exercise
judicial power.
L
Law - The combination of those rules and principles
of conduct promulgated by legislative authority, derived from
court decisions and established by local custom.
Law clerks - Persons trained in the law who
assist the judges in researching legal opinions.
Lawsuit - A civil action; a court proceeding
to enforce a right (rather than to convict a criminal).
M
Magistrate - Court official with limited authority.
Malpractice. Professional misconduct or unreasonable
lack of skill. A claim of malpractice must prove two things. One,
you must prove that you could have won your case were it not for
your lawyer's negligence. And, secondly, you must prove that your
lawyer's actions were negligent.
Mandate - Command from a court directing the
enforcement of a judgment, sentence or decree.
N
Negligence - The absence of ordinary care
O
Offender - 1. A person who has committed a felony,
as established by state law and is eighteen years of age or older.
2. A person who is less than eighteen but whose felony case has
been transferred by the juvenile court to a criminal court.
Offer - 1. To make a proposal ; to present for
acceptance or rejection. 2. To attempt to have something admitted
into evidence in a trial; to introduce evidence 3. An "offer"
in contract law is a proposal to make a deal. It must be communicated
successfully from the person making it to the person to whom it
is made and it must be the person to whom it is made and it must
be definite and reasonably certain in its terms.
Omnibus hearing - A pretrial hearing normally
scheduled at the same time the trial date is established. Purpose
of the hearing is to ensure each party receives (or "discovers")
vital information concerning the case held by the other. In addition,
the judge may rule on the scope of discovery or on the admissibility
of challenged evidence.
P
Parties - Persons, corporations, or associations,
who have commenced a law suit or who are defendants.
Peremptory challenge - Procedure which parties
in an action may use to reject prospective jurors without giving
reason. Each side is allowed a limited number of such challenges.
Petition - Written application to a court requesting
a remedy available under law.
Petition for review - A document filed in the
state Supreme Court asking for a review of a decision made by
the Court of Appeals.
R
Rebuttal - The introduction of contradicting
or opposing evidence showing that what witnesses said occurred
is not true, the stage of a trial at which such evidence may be
introduced.
Redirect examination - Follows cross examination
and is carried out by the party who, first examined the witness.
Remand - To send back. A disposition by an appellate
court that results in sending the case back to the original court
from which it came for further proceedings.
Reply - Pleading by the plaintiff in response
to the defendant's written answer.
Respondent - 1. Party against whom an appeal
is brought in an appellate court. the prevailing party in the
trial court case. 2. A juvenile offender.
S
Settlement - 1. Conclusion of a
legal matter. 2. Compromise agreement by opposing parties in a
civil suit before judgment is made, eliminating the need for the
judge to resolve the controversy.
Settlement conference - A meeting
between parties of a lawsuit, their counsel and a judge to attempt
a resolution of the dispute without trial.
Statute - A law created by the
Legislature.
Statute of limitations - Law which
specifies the time within which parties must take judicial action
to enforce their rights.
Stay - Halting of a judicial proceeding
by order of the court.
T
Tort - An injury or wrong committed,
with or without force, to the person or property of another, which
gives rise to a claim for damages.
Transcript - The official record
or proceedings in a trial or hearing, which is kept by the clerk.
Trial - The presentation of evidence
in court to a trier of facts who applies the applicable law to
those facts and then decides the case
V
Venue - The specific county, city or geographical
area in which a court has jurisdiction.
Verdict - Formal decision made by a judge or
jury (trier of facts).
Voir dire - (pronounced "vwar-deer")
- "To speak the truth." The process of preliminary examination
of prospective jurors, by the court or attorneys, regarding their
qualifications.
W
Willful act - An intentional act carried out
without justifiable cause.
Witness - Person who testifies under oath before
a court, regarding what he/she has seen, heard or otherwise observed.
Writ - A special, written court order directing
a person to perform, or refrain from performing, a specific act.
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