English Legal Terms

Question 1

parole

Answer 1

An early release from prison in which the prisoner promises to obey certain conditions (usually set by a parole board) under the supervision of a probation officer. Any violation of those conditions could result in the return of the person to prison.

Question 2

parties

Answer 2

Plaintiffs and defendants (petitioners and respondents) to
lawsuits, also known as appellants and appellees in appeals, and their lawyers

Question 3

adjudicate

Answer 3

To hear or try and determine judicially

Question 4

affidavit

Answer 4

A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.

Question 5

agent

Answer 5

Person who has the power to act on behalf of another, binding the other person as if he/she were themselves making the decisions.

Question 6

antedate

Answer 6

To date back retroactively, to date a document to a time before it was actually written.

Question 7

appellant

Answer 7

Petitioner, the party who appeals a lower court’s decision to a higher court, usually seeking reversal of that decision.

Question 8

appellate

Answer 8

About appeals; an appellate court has the power to review the judgment of another lower court or tribunal.

Question 9

arbitrary

Answer 9

Without substantial legal cause, not according to reasoned judgment, by mere opinion.

Question 10

arraignment

Answer 10

A proceeding in which an individual who is accused of
committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.

Question 11

bail

Answer 11

Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his appearance on the day and time appointed

Question 12

barrister

Answer 12

A litigation specialist; a lawyer that restricts his or her practice to the courtroom. In England and other Commonwealth jurisdictions, a legal distinction is made between barristers and solicitors, the latter with exclusive privileges of advising clients, providing legal advice, and the former with exclusive privileges of appearing in all courts on behalf of a client. In other words, solicitors appear only in lower courts on a client’s behalf and barristers in all courts.

Question 13

bench trial

Answer 13

Trial without a jury in which a judge decides the facts.

Question 14

beneficiary

Answer 14

In a strictly legal context, a “beneficiary” usually refers to the person for whom a trust has been created. It also refers to a person who benefits under a will

Question 15

bilateral

Answer 15

A bilateral contract is one in which each party promises a performance, so that each party is an obligor on that party’s own promise and an oblige on the other’s promise; a contact in which the parties obligate themselves reciprocally, so that the obligation of one party is correlative to the obligation of the other. Also termed mutual contract

Question 16

breach of the peace

Answer 16

Criminal offense of creating a public disturbance or engaging in disorderly conduct.

Question 17

burden of proof

Answer 17

A rule of evidence that makes a plaintiff prove a certain thing or the contrary will be assumed by the court. In criminal trials, the prosecution has the burden of proving the accused guilty because innocence is presumed.

Question 18

case law

Answer 18

The entire collection of published legal decisions of the courts, incorporating the principle of stare decisis. If a rule of law can-not be found in written laws, it is found in “case law.” In other words, the rule is not in the statutes but can be found as a principle of law established by a judge in some recorded case.

Question 19

change of venue

Answer 19

The removal of a suit or case begun in one county or district to another county or district for trial, often to avoid bias or discrimination.

Question 20

charge to the jury

Answer 20

The judge’s instructions to the jury concerning the law that applies to the facts of the case on trial.

Question 21

stare decisis

Answer 21

stand by your decison - higher courts legally bind lower courts.

Question 22

Original Jurisdiction

Answer 22

first venue for most cases

Question 23

Trial Courts

Answer 23

US district courts

Question 24

Intermediate Appeal

Answer 24

US circuit courts

Question 25

What is one difference between a Trial Court and an Appeal Court?

Answer 25

A trial court deals with confirming the facts and evidence, the court of appeals deals with mistakes of law.

Question 26

Writ of Certiotari (cert)

Answer 26

Permission to appeal to SCOTUS

Question 27

Types of cases heard in state trial courts

Answer 27

1) Probate Court
2) Family Court
3) Traffic Court
4) Juvenile Court
5) Small claims Court
6) Municipal Court

Question 28

Tort

Answer 28

damages

Question 29

Concurrent Jurisdiction

Answer 29

When federal courts can intervene in state cases.

Question 30

Double Jeopardy

Answer 30

In jurisprudence, double jeopardy is a procedural defence (primarily in common law jurisdictions) that prevents an accused person from being tried again on the same (or similar) charges following an acquittal or conviction and in rare cases prosecutorial and/or judge misconduct in the same jurisdiction.

Question 31

voir dire

Answer 31

the process of selecting jurors

Question 32

Allocution

Answer 32

The judges speech to the defendant before he delivers his verdict.

Question 33

Double Jeopardy

Answer 33

Once a defendant was acquitted, he cannot be tried or punished again, even if new evidence was discovered.

Question 34

Peremptory Challenge

Answer 34

a right in Jury selection for the attorneys to reject a certain number of potential jurors without stating a reason

Question 35

hung jury

Answer 35

cannot come to a unanimous decision

Question 36

Statutory provisions

Answer 36

the underlying intentions of the legislature

Question 37

A small claims court listens to:

Answer 37

civil disputes with less than $5,000 involved.