General Legal Terms Flashcards
Action
A case or lawsuit.
Acquittal
A jury verdict that a criminal defendant is not guilty
Ad Litem
Appointed to act in a lawsuit on behalf of a child or other person who is not considered capable of representing themselves.
Affidavit
A written or printed statement made under oath.
Adversary proceeding
A lawsuit arising in or related to a bankruptcy case that begins by filing a complaint with the court, that is, a “trial” that takes place within the context of a bankruptcy case. A lawsuit filed separate from but related to the bankruptcy case.
Appellant
The party who appeals a district court’s decision, usually seeking reversal of that decision.
Appellate
An appellate court has the power to review the judgment of a lower court or tribunal.
Appellee
The party who opposes an appellant’s appeal, and who seeks to persuade the appeals court to affirm the district court’s decision.
Assault
an intentional act by one person that creates an apprehension in another of an imminent harmful or offensive contact.
Aver
State or assert to be the case.
Battery
A physical act that results in harmful or offensive contact.
Bench trial
A trial without a jury, in which the judge serves as the fact-finder.
Brief
A written statement submitted in a trial or appellate proceeding that explains one side’s legal and factual arguments.
Burden of Proof
The duty to prove disputed facts. In civil cases, a plaintiff generally has the burden of proving his or her case. In criminal cases, the government has the burden of proving the defendant’s guilt.
Case Law
The law as established in previous court decisions. A synonym for legal precedent. Akin to common law, which springs from tradition and judicial decisions.
Circumstantial evidence
Evidence that relies on an inference to connect it to the conclusion of fact such as a fingerprint at the scene of a crime.
Common Law
The legal system that originated in England and is now in use in the United States, which relies on the articulation of legal principles in a historical succession of judicial decisions. Common law principles can be changed by legislation.
Corpus Delicti
Concrete evidence of a crime, such as a corpse. Establishing corpus delicti requires 2 elements: 1) death as a result 2) the criminal agency of another as the means.
De facto
Latin, meaning “in fact” or “ actually.”
De jure
Latin, meaning “in law.” Something that exists by operation of law.
De novo
Latin meaning, “anew.” A trial de novo is a completely new trial. Appellate review de novo implies no deference to trial judge’s ruling.
Decree nisi
Latin meaning “unless.” Generally, a rule nisi is an order “to show cause”, meaning that the ruling is absolute unless the party to whom it applies can show cause why it should not apply.
Demur
Raise doubts or objections or show reluctance.
Deposition
An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial. involves the taking of sworn, out-of-court oral testimony of a witness that may be reduced to a written transcript for later use in court or for discovery purposes.
Discovery
Procedures used to obtain disclosure of evidence before trial.
Dismissal with prejudice
Court action that allows the later filing.
District attorney
Public official who acts as prosecutor for the state or the federal government in court in a particular district.
Docket
A log containing the complete history of each case in the form of brief chronological entries summarizing the court proceedings. Court dockets are considered to be public records. the term is also sometimes used informally to refer to a court calendar, the schedule of the appearances, arguments and/or hearings scheduled for a court.
Due process
In criminal law, the constitutional guarantee that a defendant will receive a fair and impartial trial. In civil law, the legal rights of someone who confronts an adverse action threatening liberty or property.
En banc
- French meaning “on the bench.” All judges of an appellate court sitting together to hear a case, as opposed to the routine disposition by panels of three judges.
Equity
A good way to think about this is a simple equation:: Equity= Assets-liabilities.
Ex parte
Latin for “From one party” A proceeding brought before a court by one party only, without notice to or challenge by the other side.
