ENGLISH LEGAL GLOSSARY Flashcards
ABANDONMENT
A parent’s or custodian’s act of leaving a child without adequate care, supervision, support, or parental contact for an excessive period of time. Also, the desertion of one spouse by the other with the intent to terminate the marriage relationship.
ABATEMENT OF ACTION
A suit which has been quashed and ended.
ABSTRACT
A summary of a larger work, wherein the principal ideas of the larger work are contained.
ABSTRACT OF RECORD
A short, abbreviated form of the case as found in the record.
ABSTRACT OF TITLE
A chronological summary of all official records and recorded documents affecting the title to a parcel of real property.
ACCESSORY
A person who aids or contributes in the commission of a crime.
ACCOMPLICE
One who knowingly, voluntarily, and intentionally unites with the principal offender in the commission of a crime. A partner in a crime.
ACCORD
A satisfaction agreed upon between the parties in a lawsuit which bars subsequent actions on the claim.
ACCORD AND SATISFACTION
A method of discharging a claim upon agreement by the parties to give and accept something in settlement of the claim.
ACCUSATION
A formal charge against a person, to the effect that he has engaged in a punishable offense.
ACCUSED
The generic name for the defendant in a criminal case.
ACKNOWLEDGMENT
- A statement of acceptance of responsibility. 2. The short declaration at the end of a legal paper showing that the paper was duly executed and acknowledged.
ACQUIT
To legally certify the innocence of one charged with a crime. To set free, release or discharge from an obligation, burden or accusation. To find a defendant not guilty in a criminal trial.
ACQUITTAL
In criminal law, a finding of not guilty. In contract law, a release, absolution, or discharge from an obligation, liability, or engagement.
ACTION
Case, cause, suit, or controversy disputed or contested before a court of justice.
ADJUDICATE
To determine finally.
ADJUDICATION
Giving or pronouncing a judgment or decree. Also the judgment given.
ADMINISTRATOR
- One who administers the estate of a person who dies without a will. 2. A court official.
ADMISSIBLE
Pertinent and proper to be considered in reaching a decision.
ADMISSIBLE EVIDENCE
Evidence that can be legally and properly introduced in a civil or criminal trial.
ADMISSION
Voluntary acknowledgment of the existence of certain facts relevant to the adversary’s case.
ADMONISH
To advise or caution. For example the Court may caution or admonish counsel for wrong practices.
ADOPTION
To take into one’s family the child of another and give him or her the rights, privileges, and duties of a child and heir.
AFFIANT
A person who makes and signs an affidavit.
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. For example, in criminal cases, affidavits are often used by police officers seeking to convince courts to grant a warrant to make an arrest or a search. In civil cases, affidavits of witnesses are often used to support motions for summary judgment.
AFFIRMATIVE DEFENSE
Without denying the charge, the defendant raises circumstances such as insanity, self-defense, or entrapment to avoid civil or criminal responsibility.
AFFIRMED
In the practice of appellate courts, the word means that the decision of the trial court is correct.
AGENT
One who has authority to act for another.
AGGRAVATED ASSAULT
An attempt to cause serious bodily injury to another or purposely, knowingly or recklessly causing such injury, or an attempt to cause or purposely or knowingly cause bodily injury to another with a deadly weapon.
AGGRAVATED BATTERY
The unlawful use of force against another with unusual or serious consequences such as the use of a dangerous weapon.
AGGRAVATING FACTORS
Any factors associated with the commission of a crime which increase the seriousness of the offense or add to its injurious consequences.
AGREED STATEMENT OF FACTS
A statement of all important facts, which all the parties agree is true and correct, which is submitted to a court for ruling.
AGREEMENT
A mutual understanding and intention between two or more parties. The writing or instrument which is evidence of an agreement. (Although often used as synonymous with contract, agreement is a broader term.)
AID AND ABET
Help, assist, or facilitate the commission of a crime.
ALFORD PLEA
A special type of guilty plea by which a defendant does not admit guilt but concedes that the State has sufficient evidence to convict; normally made to avoid the threat of greater punishment. Source: Black’s Law Dictionary (1996); North Carolina v. Alford , 400 U.S. 25 (1970).
ALIBI
A defense claim that the accused was somewhere else at the time a crime was committed.
ALIMONY
A court-ordered allowance that one spouse pays the other spouse for maintenance and support while they are either separated, pending suit for divorce, or after they are divorced.
ALLEGATION
The assertion of a party to an action, setting out what he expects to prove.
ALLEGE
To state, recite, assert, claim, maintain, charge or set forth. To make an allegation.
ALLEGED
Asserted to be true as depicted or a person who is accused but has not yet been tried in court.
ALLOCUTION
A defendant’s statement in mitigation of punishment.
ALTERNATIVE DISPUTE RESOLUTION (ADR)
Settling a dispute without a full, formal trial. Methods include mediation, conciliation, arbitration, and settlement, among others.
AMEND
To change, correct, revise, improve, modify, or alter.
AMENDMENT
The correction of an error admitted in any process.
ANNOTATION
A case summary or commentary on the law cases, statutes, and rules illustrating its interpretation.
ANNUAL REVIEW
Yearly judicial review, usually in juvenile dependency cases, to determine whether the child requires continued court supervision or placement.
ANSWER
The defendant’s response to the plaintiff’s allegations as stated in a complaint. An item-by-item, paragraph-by- paragraph response to points made in a complaint; part of the pleadings.
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.”
APPEARANCE
A coming into court as party or interested person or as a lawyer on behalf of party or interested person.
APPELLANT
The party appealing a final decision or judgment.
APPELLATE COURT
A court having jurisdiction to hear appeals and review a trial court’s procedure.
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. Sometimes called a respondent.
ARBITRATION
The referral of a dispute to an impartial third person chosen by the parties to the dispute who agree in advance to abide by the arbitrator’s award issued after a hearing at which both parties have an opportunity to be heard.
ARGUMENT
Remarks addressed by attorney to judge or jury on the merits of case or on points of law.
ARRAIGN
The procedure where the accused is brought before the court to hear the criminal charge(s) against him or her and to enter a plea of either guilty, not guilty or no contest.
ARRAIGNMENT
A proceeding in which the accused is brought before the court to plead to the criminal charge in the indictment or information. The charge is read to him or her and he or she is asked to plead guilty or not guilty or, where permitted, nolo contendere (no contest). Another term for preliminary hearing.
ARREST
To deprive a person of his liberty by legal authority.
ARSON
The malicious burning of someone else’s or one’s own dwelling or of anyone’s commercial or industrial property.
ASSAULT
Any willful attempt or threat to inflict injury upon the person of another, when coupled with the present ability to do so, and any intentional display of force such as would give victim reason to fear or expect immediate bodily harm.
ASSAULT WITH A DEADLY WEAPON
An aggravated unlawful assault in which there is threat to do bodily harm without justification or excuse by use of any instrument calculated to do serious bodily harm or cause death.
ASSAULT, AGGRAVATED
An assault committed with the intention of committing some additional crime.
ASSIGNEE
The person to whom property rights or power are transferred by another, a grantee.
ASSUMPTION OF RISK
In tort law, a defense to a personal injury suit. The essence of an affirmative defense is that the plaintiff assumed the known risk of whatever dangerous condition caused the injury.
AT ISSUE
The time in a lawsuit when the complaining party has stated his or her claim and the other side has responded with a denial and the matter is ready to be tried.
ATTACHMENT
Taking a person’s property to satisfy a court-ordered debt.
ATTEMPT
An endeavor or effort to do an act or accomplish a crime, carries beyond preparation, but lacking execution.
ATTEST
To bear witness to, to affirm to be true or genuine, to certify.
ATTORNEY
Attorney at law, lawyer, counselor at law.
ATTORNEY OF RECORD
The lawyer who represents a client and is entitled to receive all formal documents from the court or from other parties. Also known as counsel of record.
ATTORNEY-AT-LAW
An advocate, counsel, or official agent employed in preparing, managing, and trying cases in the courts.
ATTORNEY-IN-FACT
A private person (who is not necessarily a lawyer) authorized by another to act in his or her place, either for some particular purpose, as to do a specific act, or for the transaction of business in general, not of legal character. This authority is conferred by an instrument in writing, called a letter of attorney, or more commonly, a power of attorney.
AUTHENTICATE
To give authority or legal authenticity to a statute, record, or other written instrument.
AUTO TAMPERING
The manipulation of an automobile and its parts for a specific purpose.
BAIL
Money or other security (such as a bail bond) provided to the court to temporarily allow a person’s release from jail and assure his or her appearance in court. Bail and Bond are often used interchangeably.
BAIL BOND
An obligation signed by the accused to secure his or her presence at the trial. This obligation means that the accused may lose money by not properly appearing for the trial. Often referred to simply as bond.
BAIL BONDSMAN
- A person who is the liable party in paying the bond for the defendant’s release from jail.
BAIL FORFEITURE
Bail that is kept by the court as a result of not following a court order.
BAIL REVIEW
A hearing established to re-evaluate the bail amount that was originally set for the accused.
BAILIFF
A court officer who has charge of a court session in the matter of keeping order and has custody of the jury.
BANKRUPT
The state or condition of a person who is unable to pay his or her debts as they are or become due.
BANKRUPTCY
Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may be released from or “discharged” from their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings. The person with the debts is called the debtor and the people or companies to whom the debtor owes money to are called creditors.
BAR
- Historically, the partition separating the general public from the space occupied by the judges, lawyers, and other participants in a trial. 2. More commonly, the term means the whole body of lawyers.
BAR EXAMINATION
A state examination taken by prospective lawyers in order to be admitted and licensed to practice law.
BATTERED CHILD SYNDROME (B.C.S.)
Physical condition of a child indicating that external or internal injuries result from acts committed by a parent or custodian.
BATTERY
An offensive touching or use of force on a person without the person’s consent.
BATTERY, SPOUSAL
An offensive touching or use of force on one’s spouse without the spouse’s consent. See BATTERY.
BENCH
The seat occupied by judges in courts.
BENCH CONFERENCE
A meeting either on or off the record at the judge’s bench between the judge, counsel, and sometimes the defendant, out of the hearing of the jury.
BENCH TRIAL
Trial without a jury in which a judge decides the facts.
BENCH WARRANT
An order issued by a judge for the arrest of a person.
BENEFICIARY
Someone named to receive property or benefits in a will. In a trust, a person who is to receive benefits from the trust.
BEQUEATH
To give a gift to someone through a will.
BEQUESTS
Gifts made in a will.
BEST EVIDENCE
Primary evidence; the best evidence available. Evidence short of this is “secondary.” That is, an original letter is “best evidence,” and a photocopy is “secondary evidence.”
BEYOND A REASONABLE DOUBT
The standard in a criminal case requiring that the jury be satisfied to a moral certainty that every element of a crime has been proven by the prosecution. This standard of proof does not require that the state establish absolute certainty by eliminating all doubt, but it does require that the evidence be so conclusive that all reasonable doubts are removed from the mind of the ordinary person.
BIAS
Inclination, bent, a pre-conceived opinion or a predisposition to decide a cause or an issue a certain way.
BIFURCATE
To try issues separately, such as guilt and criminal responsibility in a criminal proceeding or liability and damages in a civil action.
BILL OF PARTICULARS
A statement of the details of the charge made against the defendant.
BIND OVER
To hold a person for trial on bond (bail) or in jail. If the judicial official conducting a hearing finds probable cause to believe the accused committed a crime, the official will bind over the accused, normally by setting bail for the accused’s appearance at trial.
BODY ATTACHMENT
A written order issued by a court directing a sheriff or peace officer to take custody of and bring before the court: 1) A witness who fails to comply with a subpoena, 2) a party who fails to comply with a court order in a civil action, or 3) a material witness in a criminal case.
BOND
A certificate or evidence of a debt. Often used interchangeably with bail .
BOOKING
The process of photographing, fingerprinting, and recording identifying data of a suspect. This process follows
the arrest.
BOOKING NUMBER
The number assigned to the criminal record that corresponds to the person’s arrest.
BOOKMAKING
The act of collecting the bets of others or making odds on future gambling events.
BRANDISHING A WEAPON
The act of showing a weapon to another person, typically the police or the victim.
BREACH
The breaking or violating of a law, right, obligation, or duty either by doing an act or failing to do an act.
BREAKING AND ENTERING
Breaking and entering a dwelling of another in nighttime with intent to commit a felony therein.
BREATHALYZER TEST
Test to determine content of alcohol in one arrested for operating a motor vehicle while under the influence of liquor by analyzing a breath sample.
BRIBE
A gift, not necessarily of monetary value, given to influence the conduct of the receiver.
BRIEF
A written statement prepared by the counsel arguing a case in court. It contains a summary of the facts of a case, the pertinent laws, and an argument of how the law applies to the facts supporting counsel’s position.
BURDEN OF PROOF
The obligation of a party to establish by evidence a requisite degree of belief concerning a fact in the mind of the trier of fact or the court.
BURGLARY
The act of entering or remaining illegally in a movable or immovable structure, vehicle or dwelling with intent to commit a felony.
CALENDAR
List of cases scheduled for hearing in court.
CALLING THE DOCKET
The public calling of the docket or list of causes at commencement of term of court, for setting a time for trial or entering orders.
CAPITAL CASE
A criminal case in which the allowable punishment includes death.
CAPITAL CRIME
A crime punishable by death.
CAPITAL PUNISHMENT
Punishment by death for capital crimes. Death penalty .
CAPTION
The heading on a legal document listing the parties, the court, the case number, and related information.
CASE
A general term for an action, cause, suit, or controversy brought before the court for resolution.
CASE LAW
Law established by previous decisions of appellate courts, particularly the Supreme Court.
CASE NUMBER
See DOCKET NUMBER.
CAUSATION
The act which produces an effect.
CAUSE
A lawsuit, litigation, or action. Any question, civil or criminal, litigated or contested before a court of justice.
CAUSE OF ACTION
The facts that give rise to a lawsuit or a legal claim.
CEASE AND DESIST ORDER
An order of an administrative agency or court prohibiting a person or business from continuing a particular course of conduct.
CERTIFICATION
- Written attestation. 2. Authorized declaration verifying that an instrument is a true and correct copy of the original.
CERTIFIED
Attested as being true or an exact reproduction.
CHAIN OF CUSTODY
An accounting for the whereabouts of the tangible evidence from the moment it is received in custody until it is offered in evidence in court.
CHALLENGE
An objection, such as when an attorney objects at a hearing to the seating of a particular person on a civil or criminal jury.
CHALLENGE FOR CAUSE
Objection to the seating of a particular juror for a stated reason (usually bias or prejudice for or against one of the parties in the lawsuit). The judge has the discretion to deny the challenge. This differs from peremptory challenge.
CHALLENGE TO THE ARRAY
Questioning the qualifications of an entire jury panel, usually on the ground of partiality or some fault in the process of summoning the panel.
CHAMBERS
A judge’s private office. A hearing in chambers takes place in the judge’s office outside of the presence of the jury and the public.
CHANGE OF VENUE
Moving a lawsuit or criminal trial to another place for trial.
CHARACTER EVIDENCE
The testimony of witnesses who know the general character and reputation of a person in the community in which he or she lives. It may be considered by the jury in a dual respect: 1) as substantive evidence upon the theory that a person of good character and reputation is less likely to commit a crime than one who does not have a good character and reputation, and 2) as corroborative evidence in support of a witness’s testimony as bearing upon credibility.
CHARGE
A formal allegation, as a preliminary step in prosecution, that a person has committed a specific offense, which is recorded in a complaint, information or indictment. To charge; To accuse. See INSTRUCTIONS.
CHARGE TO THE JURY
The judge’s instructions to the jury concerning the law that applies to the facts of the case on trial.
CHARGING DOCUMENT
A written accusation alleging a defendant has committed an offense. Includes a citation, an indictment, information, and statement of charges.
CHIEF JUDGE
Presiding or Administrative Judge in a court.
CHILD ABUSE
Any form of cruelty to a child’s physical, moral, or mental well-being.
CHILD MOLESTATION
Any form of indecent or sexual activity on, involving, or surrounding a child under the state’s designated age.
CHILD SUPPORT
The legal obligation of parents to contribute to the economic maintenance, including education, of their children. Money paid by one parent to another toward the expenses of the children of the marriage.
CIRCUMSTANTIAL EVIDENCE
All evidence except eyewitness testimony. One example is physical evidence, such as fingerprints, from which an inference can be drawn.
CITATION
A reference to a source of legal authority. A direction to appear in court, as when a defendant is cited into court, rather than arrested.
CIVIL ACTION
Noncriminal case in which one private individual or business sues another to protect, enforce, or redress private or civil rights.
CIVIL CASE
A lawsuit brought to enforce, redress, or protect private rights or to gain payment for a wrong done to a person or party by another person or party. In general, all types of actions other than criminal proceedings.
CIVIL PROCEDURE
The rules and process by which a civil case is tried and appealed, including the preparations for trial, the rules of evidence and trial conduct, and the procedure for pursuing appeals.
CLAIM
The assertion of a right to money or property.
CLASS ACTION
A lawsuit brought by one or more persons on behalf of a larger group.
CLEAR AND CONVINCING EVIDENCE
Standard of proof commonly used in civil lawsuits and in regulatory agency cases. It governs the amount of proof that must be offered in order for the plaintiff to win the case.
CLEMENCY OR EXECUTIVE CLEMENCY
Act of grace or mercy by the president or governor to ease the consequences of a criminal act, accusation, or conviction. It may take the form of commutation or pardon.
CLERK
Officer of the court who files pleadings, motions, judgments, etc., issues process, and keeps records of court proceedings.
CLOSING ARGUMENT
The closing statement, by counsel, to the trier of facts after all parties have concluded their presentation of evidence.
CODE
A collection, compendium, or revision of laws, rules, and regulations enacted by legislative authority.
CODE OF CRIMINAL PROCEDURE
Body of federal or state law dealing with procedural aspects of trial for criminal cases.
CODE OF FEDERAL REGULATIONS
The CFR is the annual listing of executive agency regulations published in the daily Federal Register, and the regulations issued previously which are still in effect. The CFR contains regulatory laws governing practice and procedure before federal administrative agencies.
CODE OF PROFESSIONAL RESPONSIBILITY
The rules of conduct that govern the legal profession. The Code contains general ethical guidelines and specific rules written by the American Bar Association.
CODICIL (kod’i-sil)
An amendment to a will.
COLLATERAL
- Property that is pledged as security against a debt. 2. A person belonging to the same ancestral stock (a relation), but not in a direct line of descent.
COLLATERAL ATTACK
An attack on a judgment other than a direct appeal to a higher court.
COMMISSIONER
A person who directs a commission; a member of a commission. The officer in charge of a department or bureau of a public service.
COMMIT
- To execute, perpetrate, or carry out an act. To commit a crime. 2. To send a person to prison, asylum, or reformatory by a court order.
COMMITMENT
- The action of sending a person to a penal or mental institution. 2. The order directing an officer to take a person to a penal or mental institution.
COMMITMENT ORDER
A court order directing that an individual be kept in custody, usually in a penal or mental facility.
COMMON LAW
The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
COMMUNITY PROPERTY
Property owned in common by husband and wife each having an undivided one-half interest by reason of their marital status. For example, the earnings of one spouse during the marriage do not belong solely to that spouse; the earnings are community property.
COMMUTATION
The reduction of a sentence, such as from death to life imprisonment.
COMPARATIVE NEGLIGENCE
A legal doctrine by which acts of the opposing parties are compared to determine the liability of each party to the other, making each liable only for his or her percentage of fault. See also CONTRIBUTORY NEGLIGENCE.
COMPETENCY
Mental capacity of a person, especially with regard to his or her ability to stand trial and to assist counsel in his or her defense.
COMPLAINANT
The party who complains or sues; one who applies to the court for legal redress. Also called the
plaintiff.
COMPLAINT
The legal document that usually begins a civil lawsuit. It states the facts and identifies the action the court is asked to take. 2. Formal written charge that a person has committed a criminal offense.
COMPLY
To act in accordance with, to accept, to obey.
COMPOSITE DRAWING
A picture of an alleged criminal created by a professional police artist using verbal descriptions given by the victim or a witness
CONCILIATION
A form of alternative dispute resolution in which the parties bring their dispute to a neutral third party, who helps lower tensions, improve communications, and explore possible solutions. Conciliation is similar to mediation, but it may be less formal.
CONCURRENT JURISDICTION
The jurisdiction of two or more courts, each authorized to deal with the same subject matter.
CONCURRENT SENTENCES
Sentences for more than one crime that are to be served at the same time, rather than one after the other. See also CUMULATIVE SENTENCES.
CONDEMNATION
The legal process by which the government takes private land for public use, paying the owners a fair price. See EMINENT DOMAIN.
CONDITIONAL RELEASE
A release from custody which imposes regulations on the activities and associations of the defendant. If a defendant fails to meet the conditions, the release is revoked.
CONFESSION
Voluntary statement made by one who is a defendant in a criminal trial, which, if true, discloses his or her guilt.
CONFISCATE
To seize or take private property for public use (the police confiscated the weapon).
CONFLICT OF INTEREST
- A real or seeming incompatibility between one’s private interests and one’s public or fiduciary duties. 2. A real or seeming incompatibility between the interests of two of a lawyer’s clients, such that the lawyer is disqualified from representing both clients if the dual representation adversely affects either client or if the clients do not consent.
CONSECUTIVE SENTENCES
Successive sentences, one beginning at the expiration of another, imposed against a person convicted of two or more violations.
CONSERVATORSHIP
Legal right given to a person to manage the property and financial affairs of a person deemed incapable of doing that for himself or herself. (Conservators have somewhat less responsibility than guardians. See also guardianship. )
CONSIDERATION
The cause, price, or impelling influence which induces a party to enter into a contract.
CONSPIRACY
An agreement by two or more persons to commit an unlawful act; in criminal law, conspiracy is a separate offense from the crime that is the object of the conspiracy.
CONSTITUTIONAL RIGHT
A right guaranteed by the U. S. Constitution, interpreted by the federal courts; also, a right guaranteed by some other constitution (such as a state constitution).
CONTEMPT OF COURT
The finding of the court that an act was committed with the intent of embarrassing the court, disobeying its lawful orders, or obstructing the administration of justice in some way.
CONTINUANCE
The adjournment or postponement of a session, hearing, trial, or other proceeding until a future date.
CONTRACT
A legally enforceable agreement between two or more competent parties made either orally or in writing.
CONTRIBUTORY NEGLIGENCE
A legal doctrine that says if the plaintiff in a civil action for negligence also was negligent, he or she cannot recover damages from the defendant for the defendant’s negligence. Most jurisdictions have abandoned the doctrine of contributory negligence in favor of comparative negligence .
CONTROLLED SUBSTANCE
Any of the drugs whose production and use are regulated by law, including narcotics, stimulants, and hallucinogens.
CONVICT
- A person who has been found guilty of a crime and is serving a sentence for that crime; a prison inmate. 2. To find a person guilty of an offense by either a trial or a plea of guilty.
CONVICTION
A judgment of guilty following a verdict or finding of guilty, a plea of guilty, or a plea of nolo contendere.
CORONER
Public official charged with duty to make inquiry into the causes and circumstances of any death which occurs through violence or suddenly, with marks of suspicion.
CORROBORATE
To support with evidence or authority; make more certain.
CORROBORATING EVIDENCE
Supplementary evidence that tends to strengthen or confirm the initial evidence.
CORROBORATION
Confirmation or support of a witness’ statement or other fact.
COSTS
An allowance for expenses in prosecuting or defending a suit. Ordinarily this does not include attorney fees.
COUNSEL
A legal representative, attorney, lawyer.
COUNSEL TABLE
The physical location where the defense and prosecuting parties are seated throughout the duration of the trial.
COUNT
Each of the allegations of an offense listed in a charging document.
COUNTERCLAIM
A claim presented by a defendant in a civil lawsuit against the plaintiff. In essence, a counter lawsuit within a lawsuit.
COUNTERFEIT
To forge, to copy or imitate, without authority or right, and with the purpose to deceive or defraud, by passing off the copy as genuine.
COUNTY JAIL
A building or structure used to house alleged criminals and/or convicted criminals of local area crimes.
COURT
- A unit of the judiciary authorized to decide disputed matters of fact, cases or controversies. 2. Figuratively, the judge or judicial officer. Judges sometimes use “court” to refer to themselves in the third person, as in “the court has read the briefs.”
COURT ADMINISTRATOR/CLERK OF COURT
An officer appointed by the Court or elected to oversee the administrative, non-judicial activities of the court.
COURT APPOINTED COUNSEL
A defense attorney designated by the court to represent a defendant who does not have the funds to retain an attorney.
COURT COSTS
The expenses of prosecuting or defending a lawsuit, other than the attorneys’ fees. An amount of money may be awarded to the successful party (and may be recoverable from the losing party) as reimbursement for court costs.
COURT OF RECORD
A court in which the proceedings are recorded, transcribed, and maintained as permanent records.
COURT ORDER
A written direction or command delivered by a court or judge.
COURT REPORTER
A person who makes a word-for-word record of what is said in court and produces a transcript of the proceedings upon request.
COURT, APPEALS
In some states, the highest appellate court, where it is the Court’s discretion whether to hear the case on appeal.
COURT, DISTRICT
- Federal - A trial court with general Federal jurisdiction. 2. State - Meaning varies from state to state.
COURT, JUVENILE
A court having jurisdiction over cases involving children under a specified age, usually 18. Cases generally involve delinquent, dependent, and neglected children.
COURT, MUNICIPAL
A court having jurisdiction (usually civil and criminal) over cases arising within the city or community in which it sits.
COURT, NIGHT
A specialized court that deals with cases during the late evening and early morning hours.
COURT, SUPERIOR
Meaning varies from state to state.
COURT, TRAFFIC
A specialized court that hears crimes dealing with traffic offenses.
COURTROOM
The section of a courthouse in which the judge presides over the proceedings.
CREDIBILITY
The quality in a witness which makes his or her testimony believable.
CRIME
- An act of omission or commission in violation of law which carries criminal consequences. 2. Criminal activity in general relating to a specific time or place.
CRIMINAL
- One who has been convicted of a criminal offense. 2. That which is connected with the law of crimes; That which has the character of a crime (criminal justice; criminal intent).
CRIMINAL CASE
A case brought by the government against a person accused of committing a crime.
CRIMINAL RECORD
- Arrest record. A written account listing all the instances in which a person has been arrested. 2. A form completed by a police officer when a person is arrested.
CRIMINAL SUMMONS
An order commanding an accused to appear in court.
CROSS-CLAIM
A claim by codefendant or co-plaintiffs against each other and not against persons on the opposite side of the lawsuit.
CROSS-EXAMINATION
The questioning of a witness produced by the other side.
CUMULATIVE SENTENCES
Sentences for two or more crimes to run consecutively, rather than concurrently.
CUSTODY
- The care and control of a thing or person for inspection, preservation, or security. 2. The care, control, and maintenance of a child awarded by a court to one of the parents in a divorce or separation proceeding. 3. The detention of a person by virtue of lawful process or authority.
DAMAGES
Money awarded by a court to a person injured by the unlawful act or negligence of another person.
DEATH PENALTY
State-imposed death as punishment for a serious crime. Capital punishment .
DEATH ROW
The area of a state or federal prison where criminals who are sentenced to death are confined until their
sentence is commuted or carried out.
DECISION
The judgment reached or given by a court of law.
DECLARATORY JUDGMENT
A judgment of the court that explains what the existing law is or expresses the opinion of the court without the need for enforcement.
DECREE
An order of the court. A final decree is one that fully and finally disposes of the litigation. An interlocutory decree is a preliminary order that often disposes of only part of a lawsuit.
DEFAMATION
That which tends to injure a person’s reputation. Libel is published defamation, whereas slander is spoken.
DEFAULT
A failure to respond to a lawsuit within the specified time.
DEFAULT-JUDGMENT
A judgment entered against a party who fails to appear in court, respond to the charges, or does not comply with an order, especially an order to provide or permit discovery.
DEFENDANT
- In a criminal case, the person accused of the crime. 2. In a civil case, the person being sued.
DEFENSE
- Defendant’s statement of a reason why the plaintiff or prosecutor has no valid case against defendant, especially a defendant’s answer, denial, or plea. 2. Defendant’s method and strategy in opposing the plaintiff or the prosecution. 3. One or more defendants in a trial.
DEFENSE ATTORNEY
An attorney who represents the defendant.
DELIBERATE
- To discuss, ponder or reflect upon before reaching a decision. A judge will usually deliberate before announcing a judgment. 2. Intentional, characterized by consideration and awareness.
DELIBERATION
The jury’s decision-making process after hearing the evidence and closing arguments and being given the court’s instructions.
DELINQUENCY, JUVENILE
Antisocial behavior by a minor; especially behavior that would be criminally punishable if the actor were an adult, but instead is usually punished by special laws pertaining only to minors.
DEMURRER
A motion to dismiss a civil case because of the legal insufficiency of a complaint.
DEPENDENT CHILD
A child who is homeless or without proper care through no fault of the parent, guardian, or custodian.
DEPORTATION
The act of removing a person to another country. Order issued by an immigration judge, expelling an alien from the United States. A deportation has certain consequences regarding the number of years within which a deportee may not legally immigrate. There are also criminal consequences for reentry within a prescribed time period.
DEPOSITION
A pretrial discovery device by which one party questions the other party or a witness for the other party. It usually takes place in the office of one of the lawyers, in the presence of a court reporter, who transcribes what is said. Questions are asked and answered orally as if in court, with opportunity given to the adversary to cross-examine. Occasionally, the questions are submitted in writing and answered orally.
DEPRIVATION OF CUSTODY
The court transfer of legal custody of a person from parents or legal guardian to another person, agency, or institution. It may be temporary or permanent.
DEPUTY D.A.
An assistant lawyer to the district attorney.
DESCENT AND DISTRIBUTION STATUTES
State laws that provide for the distribution of estate property of a person
who dies without a will. Same as intestacy laws.
DETENTION
The act or fact of holding a person in custody; confinement or compulsory delay.
DETENTION HEARING
In juvenile court, a judicial hearing, usually held after the filing of a petition, to determine interim custody of a minor pending a judgment.
DIRECT EVIDENCE
Proof of facts by witnesses who saw acts done or heard words spoken.
DIRECT EXAMINATION
The first questioning of witnesses by the party on whose behalf they are called.
DIRECTED VERDICT
Now called Judgment as a Matter of Law. An instruction by the judge to the jury to return a specific verdict.
DISBARMENT
Form of discipline of a lawyer resulting in the loss (often permanently) of that lawyer’s right to practice law. It differs from censure (an official reprimand or condemnation) and from suspension (a temporary loss of the right to practice law).
DISCLAIM
To refuse a gift made in a will.
DISCOVERY
The procedure by which one or both parties disclose evidence which will be used at trial. The specific tools of discovery include depositions, interrogatories and motions for the production of documents.
DISMISS
To terminate legal action involving outstanding charges against a defendant in a criminal case.
DISMISSAL WITH PREJUDICE
The dismissal of a case, by which the same cause of action cannot be brought against the defendant again at a later date.
DISMISSAL WITHOUT PREJUDICE
The dismissal of a case without preventing the plaintiff from bringing the same cause of action against the defendant in the future.
DISORDERLY CONDUCT
Any behavior, contrary to law, which disturbs the public peace or decorum, scandalizes the community, or shocks the public sense of morality.
DISPOSITION
A final settlement or determination. The court decision terminating proceedings in a case before judgment is reached, or the final judgment
DISSENT
To disagree. An appellate court opinion setting forth the minority view and outlining the disagreement of one or more judges with the decision of the majority.
DISSOLUTION
The act of bringing to an end; termination. The dissolution of a marriage or other relationship.
DISTRICT ATTORNEY
A lawyer appointed or elected to represent the state in criminal cases in his or her respective judicial districts. See PROSECUTOR.
DISTURBING THE PEACE
Conduct which tends to annoy all citizens, including unnecessary and distracting noisemaking.
DIVERSION
- The process of removing some minor criminal traffic, or juvenile cases from the full judicial process, on the condition that the accused undergo some sort of rehabilitation or make restitution for damages. 2. Unauthorized use of funds.
DIVORCE
Legal dissolution of a marriage by a court. Also termed dissolution of marriage.
DOCKET
A list of cases to be heard by a court, or a log containing brief entries of court proceedings.
DOCKET NUMBER
The designation assigned to each case filed in a particular court. Also called a case number.
DOMESTIC VIOLENCE
An assault committed by one member of a household against another.
DOMICILE
The place where a person has his or her permanent legal home. A person may have several residences, but only one domicile.
DOUBLE JEOPARDY
The constitutional prohibition under the Fifth Amendment against a person being put on trial more than once for the same offense.
DRIVING WHILE INTOXICATED (DWI)
The unlawful operation of a motor vehicle while under the influence of drugs or alcohol. In some jurisdictions it is synonymous with DRIVING UNDER THE INFLUENCE (DUI), but in others, driving while intoxicated is a more serious offense than driving under the influence.
DRUNK DRIVING
The operation of a vehicle in an impaired state after consuming alcohol that when tested is above the state’s legal alcohol limit.
DUE PROCESS OF LAW
The right of all persons to receive the guarantees and safeguards of the law and the judicial process. It includes such constitutional requirements as adequate notice, assistance of counsel, the right to remain silent, the right to a speedy and public trial, the right to an impartial jury, and the right to confront and secure witnesses.
ELEMENTS OF A CRIME
Specific factors that define a crime which the prosecution must prove beyond a reasonable doubt in order to obtain a conviction.
EMBEZZLE
To willfully take or convert to one’s own use, another’s money or property, which the wrongdoer initially acquired lawfully, because of some office, employment, or some position of trust.
EMINENT DOMAIN
The power of the government to take private property for public use through condemnation.
EN BANC
All the judges of a court sitting together. Appellate courts can consist of a dozen or more judges, but often they
hear cases in panels of three judges. If a case is heard or reheard by the full court, it is heard en banc.
ENHANCE
To make greater in value, to increase.
ENJOINING
An order by the court telling a person to stop performing a specific act.
ENTER A GUILTY PLEA
The formal statement before the court that the accused admits committing the criminal act.
ENTRAPMENT
A defense to criminal charges alleging that agents of the government induced a person to commit a crime he or she otherwise would not have committed.
EQUAL PROTECTION
The guarantee in the Fourteenth Amendment to the U.S. Constitution that all persons be treated equally by the law.
EQUITABLE ACTION
An action which may be brought for the purpose of restraining the threatened infliction of wrongs or injuries, and the prevention of threatened illegal action.
EQUITY
Generally, justice or fairness. Historically, equity refers to a separate body of law developed in England in reaction to the inability of the common-law courts, in their strict adherence to rigid writs and forms of action, to consider or provide a remedy for every injury. The king therefore established the court of chancery to do justice between parties in cases where the common law would give inadequate redress. The principle of this system of law is that equity will find a way to achieve a lawful result when legal procedure is inadequate. Equity and law courts are now merged in most jurisdictions.
ESCHEAT (ES-CHET)
The process by which a deceased person’s property goes to the state if no heir can be found.
ESCROW
Money or a written instrument such as a deed that, by agreement between two parties, is held by a neutral third party (held in escrow) until all conditions of the agreement are met.
ESTATE
An estate consists of personal property (car, household items, and other tangible items), real property, and intangible property, such as stock certificates and bank accounts, owned in the individual name of a person at the time of the person’s death. It does not include life insurance proceeds (unless the estate was made the beneficiary) or other assets that pass outside the estate (like joint tenancy assets).
ESTATE TAX
Generally, a tax on the privilege of transferring property to others after a person’s death. In addition to federal estate taxes, many states have their own estate taxes.
ESTOPPEL
A person’s own act, or acceptance of facts, which preclude his or her later making claims to the contrary.
EVICTION
Recovery of land or rental property from another by legal process.
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.
EVIDENCE, CIRCUMSTANTIAL
Inferences drawn from proven facts.
EVIDENCE, DIRECT
Evidence in form of witness testimony, who actually saw, heard, or touched the subject of question.
EVIDENCE, EVANESCENT
Evidence which can disappear relatively quickly, such as the amount of alcohol in a person’s blood.
EXAMINATION, DIRECT
The first examination of a witness by the counsel who called the witness to testify.
EXAMINATION, RECROSS
A second examination of a witness by the opposing counsel after the second examination (or redirect examination) by the counsel who called the witness to testify is completed.
EXAMINATION, REDIRECT
A second examination of a witness by the counsel who called the witness to testify. This examination is usually focused on certain matters that were discussed by the opposing counsel’s examination.
EXCEPTIONS
Declarations by either side in a civil or criminal case reserving the right to appeal a judge’s ruling upon a motion. Also, in regulatory cases, objections by either side to points made by the other side or to rulings by the agency or one of its hearing officers.
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. The witnesses are ordered not to discuss their testimony with each other and may be held in contempt if they violate the order.
EXCLUSIONARY RULE
The rule preventing illegally obtained evidence to be used in any trial.
EXCLUSIVE JURISDICTION
The matter can only be filed in one court.
EXCULPATORY EVIDENCE
Evidence which tends to indicate that a defendant did not commit the alleged crime.
EXECUTE
To complete the legal requirements (such as signing before witnesses) that make a will valid. Also, to execute a judgment or decree means to put the final judgment of the court into effect.
EXECUTOR
A personal representative, named in a will, who administers an estate.
EXHIBIT
A document or other item introduced as evidence during a trial or hearing.
EXHIBIT, PEOPLE’S
Exhibit and/or evidence that is offered by the prosecution.
EXONERATE
Removal of a charge, responsibility or duty.
EXPERT TESTIMONY
Testimony given in relation to some scientific, technical, or professional matter by experts, i.e., person qualified to speak authoritatively by reason of their special training, skill, or familiarity with the subject.
EXPUNGEMENT
Official and formal erasure of a record or partial contents of a record.
EXTENUATING CIRCUMSTANCES
Circumstances which render a crime less aggravated, heinous, or reprehensible than it would otherwise be.
EXTORTION
The act of obtaining the property of another person through wrongful use of actual or threatened force, violence, or fear.
EXTRADITION
The process by which one state or country surrenders to another state, a person accused or convicted of a crime in the other state.
EXTRAORDINARY WRIT
A writ, often issued by an appellate court, making available remedies not regularly within the powers of lower courts. They include writs of habeas corpus, mandamus, prohibition and quo warranto.
EYE WITNESS
One who saw the act, fact, or transaction to which he or she testifies.
FAILURE TO APPEAR
The act of not appearing in court after being presented with a subpoena or summons.
FAILURE TO COMPLY
The act of not following an order that is directed by the court.
FAIR HEARING
A hearing in which certain rights are respected such as the right to present evidence, to cross examine and to have findings supported by evidence.
FALSE ARREST
Any unlawful physical restraint of another’s personal liberty, whether or not carried out by a peace officer.
FALSE IMPRISONMENT
The unlawful restraint by one person of another person’s physical liberty.
FALSE PRETENSES
Representation of some fact or circumstance which is not true and is calculated to mislead, whereby a person obtains another’s money or goods.
FAMILY ALLOWANCE
A small amount of money set aside from the estate of the deceased. Its purpose is to provide for the surviving family members during the administration of the estate.
FAMILY ALLOWANCE
A small amount of money set aside from the estate of the deceased. Its purpose is to provide for the surviving family members during the administration of the estate.
FAMILY ALLOWANCE
A small amount of money set aside from the estate of the deceased. Its purpose is to provide for the surviving family members during the administration of the estate.
