Law Terminology

Question 1

Acquittal

Answer 1

Judgment that a criminal defendant has not been proved guilty beyond a reasonable doubt. In other words, a verdict of “not guilty.”

Question 2

Affidavit

Answer 2

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 3

Affirmed

Answer 3

In the practice of the court of appeals, it means that the court of appeals has concluded that the lower court decision is correct and will stand as rendered by the lower court.

Question 4

Answer

Answer 4

The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for his defense.

Question 5

Appeal

Answer 5

A request made after a trail by a part that has lost on one or more issues that a higher court (appellate court) review the trial court’s decision to determine if it was correct. To make such a request is “to appeal” or “to take an appeal.” One who appeals is called the “appellant;” the other party is the “appellee.”

Question 6

Appellate

Answer 6

About appeals; an appellate court has the power to review the judgment of a lower court (trial court) or tribunal. For example, the US circuit courts of appeals review the decisions of the US district courts.

Question 7

Arraignment

Answer 7

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 8

Bail

Answer 8

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 set by the court.

Question 9

Bankruptcy

Answer 9

A legal process by which persons or businesses that cannot pay their debts can see the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, usually by paying a portion of each debt. Bankruptcy judges preside over these proceedings.

Question 10

Bench trial

Answer 10

Trial without a jury in which a judge decides which party prevails

Question 11

Brief

Answer 11

A written statement submitted by each party in a case that explains why the court should decide the case or particular issues in a case, in that party’s favor.

Question 12

Chambers

Answer 12

A judge’s office, typically included work space for the judge’s law clerks and secretary.

Question 13

Capital offense

Answer 13

A crime punishable by death.

Question 14

Case law

Answer 14

The law as reflected in the written decisions of the courts.

Question 15

Chief judge

Answer 15

The judge who has primary responsibility for the administration of a court; chief judges are determined by seniority.

Question 16

Clerk of court

Answer 16

An officer appointed by the judges of the court to assist in managing the flow of cases through the court, maintain court records, handle financial matters, and provide other administrative support to the court.

Question 17

Common law

Answer 17

The legal system that originated in England and is now in use in the United States that relies on the articulation of legal principles in a historical succession of judicial decisions. Common law principles can be changed by legislation.

Question 18

Complaint

Answer 18

A written statement filed by the plaintiff that initiates a civil case, stating the wrongs allegedly committed by the defendant and requesting relief from the court.

Question 19

Contract

Answer 19

An agreement between two or more persons that creates an obligation to do or not to do a particular thing.

Question 20

Conviction

Answer 20

A judgment of guilt against a criminal defendant

Question 21

Counsel

Answer 21

Legal advice; a term also used to refer to the lawyers in a case.

Question 22

Court

Answer 22

Government entity authorized to resolve legal disputes. Judges sometimes use “court” to refer to themselves in the third person, as in “the court has read the briefs.”

Question 23

Court reporter

Answer 23

A person who makes a word-for-word record of what is said in court, generally using a stenographic machine, shorthand, or audio recording, and then produces a transcript of the proceedings upon request.

Question 24

Damages

Answer 24

Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.

Question 25

Default judgment

Answer 25

A judgment rendered in favor of the plaintiff because of the defendant’s failure to answer to appear to contest the plaintiff’s claim.

Question 26

Defendant

Answer 26

In a civil case, the person or organization against whom the plaintiff brings suit; in a criminal case, the person accused of the crime.

Question 27

Deposition

Answer 27

An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discover, or to be used later in trial.

Question 28

Discovery

Answer 28

The process by which lawyers learn about their opponent’s case in preparation for trial. Typical tools of discovery include depositions, interrogatories, requests for admissions, and requests for documents. All of these devices help lawyers learn the relevant facts and collect and examine any relevant documents or other materials.

Question 29

Docket

Answer 29

A log containing the complete history of each case in the form of brief chronological entries summarizing the court proceedings.

Question 30

en banc

Answer 30

“in the bench” or “as a full bench.” Refers to court essions with the entire membership of a court participating rather than the usual number. US circuit courts of appeals usually sit in panels of three judges, but all the judges in the court may decide certain matters together. They are then said to be sitting “en banc” (occasionally spelled “in banc.”).

Question 31

Equitable

Answer 31

Pertaining to civil suits in “equity” rather than in “law.” In English legal history,
the courts of” law” could order the payment of damages and could afford
no other remedy. See damages. A separate court of “equily” could order someone
to do something or to cease to do something. See, e.g., injunction. In
American jurisprudence, the federal courts have both legal and equitable
power, but the distinction is still an important one. For example, a trial by
jury is normally available in “Jaw” cases but not in “equily” cases.

Question 32

Evidence

Answer 32

Information presented in testimony or in documents that is used to persuade
the fact finder (Judge or jury) to decide the case in favor of one side or
the other.

Question 33

Federal Public Defender

Answer 33

An attorney employed by the federal courts on a full -time basis to provide
legal defense to defendants who are unable to afford counsel. The judiciary-
administers the federal defender program pursuant to the Criminal
Justice Act.

Question 34

Federal question jurisdiction

Answer 34

Jurisdiction given to federal courts in cases involving the interpretation and
application of the U.S. Constitution, acts of Congress, and treaties.

Question 35

Felony

Answer 35

A serious crime carrying a penalty of more than a year in prison. See also
misdemeanor.

Question 36

File

Answer 36

To place a paper In the official custody of the clerk of court to enter into the
files or records of a case.

Question 37

Grand jury

Answer 37

A body of 16-23 citizens who listen to evidence of criminal allegations, which
is presented by the prosecutors, and determine whether there is probable
cause to believe an individual committed an offense. See also indictment and
U.S. attorney.

Question 38

Habeas corpus

Answer 38

A writ (court order) that is usually used to bring a prisoner before the court
to determine the legality of his imprisonment. Someone Imprisoned in state
court proceedings can file a petition In federal court for a “writ of habeas
corpus,” seeking to have the federal court review whether the state has violated
his or her rights under the U.S. Conslitution. Federal prisoners can file
habeas petitions as well. A writ of habeas corpus may also be used to bring a
person In custody before the court to give testimony or to be prosecuted.

Question 39

Hearsay

Answer 39

Statements by a witness who did not see or hear the incident in question but
heard about it from someone else. Hearsay is usually not admissible as evidence
in court.

Question 40

Impeachment

Answer 40

l. The process of calling a witness’s testimony into doubt. For example, if
the attorney can show that the witness may have fabricated portions of his
testimony, the witness is said to be “impeached;” 2. The constitutional process
whereby the House of Representatives may “impeach” (accuse of misconduct)
high officers of the federal government, who are then tried by the
Senate.

Question 41

Indictment

Answer 41

The formal charge issued by a grand jury slating that there is enough evidence
that the defendant committed the crime to justify having a trial; it is
used primarily for felonies. See also information.

Question 42

In forma pauperis

Answer 42

“In the manner of a pauper.” Permission given by the court to a person to
file a case without payment of the required court fees because the person
cannot pay them.

Question 43

Information

Answer 43

A formal accusation by a government attorney that the defendant committed
a misdemeanor. See also indictment.

Question 44

Injunction

Answer 44

A court order prohibiting a defendant from performing a specific act, or
compelling a defendant to perform a specific act.

Question 45

Interrogatories

Answer 45

Written questions sent by one party in a lawsuit to an opposing party as part
of pretrial discovery !n civil cases. The party receiving t~e interrogatories is
required to answer them in writing under oath.

Question 46

Issue

Answer 46

The disputed point between parties in a lawsuit; 2. To send out officially,
as in a court issuing an order.

Question 47

Judge

Answer 47

An official of the judicial branch with authority to decide lawsuits brought
before courts. Used generically, the term judge may also refer to all judicial
officers, including Supreme Court Justices.

Question 48

Judgment

Answer 48

The official decision of a court finally resolving the dispute between the parlies
to the lawsuit.

Question 49

Jurisdiction

Answer 49

1. The legal authority of a court to hear and decide a case; 2. The geographic
   area over which the court has authority to decide cases.

Question 50

Jury

Answer 50

The group of persons selected to hear the evidence in a trial and render a
verdict on matters of fact See also grand jury.

Question 51

Jury instructions

Answer 51

A judge’s directions to the jury before it begins deliberations regarding the
factual questions it must answer and the legal rules that it must apply.

Question 52

Jurisprudence

Answer 52

The study of law and the structure of the legal system.

Question 53

Lawsuit

Answer 53

A legal action started by a plaintiff against a defendant based on a complaint s
that the defendant failed to perform a legal duty which resulted in harm to
the plaintiff.

Question 54

Litigation

Answer 54

A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in
lawsuits are called litigants.

Question 55

Magistrate judge

Answer 55

A judicial officer of a district court who conducts initial proceedings in criminal
cases, decides criminal misdemeanor cases, conducts many pretrial civil
and criminal matters on behalf of district judges. and decides civil cases with
the consent of the parties.

Question 56

Misdemeanor

Answer 56

An offense punishable by one year of imprisonment or less. Sec also felony.

Question 57

Mistrial

Answer 57

An Invalid trial, caused by fundamental error. When a mistrial is declared,
the trial must start again with the selection of a new jury.

Question 58

Motion

Answer 58

A request by a litigant to a judge for a decision on an issue relating to the
case.

Question 59

Nolo contendere

Answer 59

No contest. A plea of nolo contendere has the same effect as a plea of guilty,
as far as the criminal sentence is concerned, but may not be considered as an
admission of guilt for any other purpose.

Question 60

Opinion

Answer 60

A judge’s written explanation of the decision of the court. Because a case
may be heard by three or more judges in the court of appeals, the opinion
in appellate decisions can take several forms. If all the judges completely
agree on the result, one judge will write the opinion for all. If all the judges
do not agree, the formal decision will be based upon the view of the majority,
and one member of the majority will write the opinion. The judges
who did not agree with the majority may write separately in dissenting or
concurring opinions to.present their views. A dissenting opinion disagrees
with the majority opinion because of the reasoning and/or the principles
of law the majority used to decide. the case. A concurring opinion agrees
with the decision of the majority opinion, but offers further comment or clarification
or even an entirely different reason for reaching the same result. Only the majority
opinion can serve as binding precedent in future cases. See also precedent.

Question 61

Oral argument

Answer 61

An opportunity for lawyers to summarize their position before the court and also to
answer the judges’ questions.

Question 62

Panel

Answer 62

I. In appellate cases, a group of judges (usually three) assigned to decide the case; 2. In
the jury selection process, the group of potential jurors; 3. The list of attorneys who are
both available and qualified to serve as court-appointed counsel for criminal defendants
who cannot afford their own counsel.

Question 63

Party

Answer 63

One of the litigants. At the trial level, the parties are typically referred to as the plaintiff
and defendant. On appeal, they are known as the appellant and appellee, or, in some
cases involving administrative agencies, as the petitioner and respondent.

Question 64

Petit jury (or trial jury)

Answer 64

A group of citizens who hear the evidence presented by both sides at trial and determine
the facts in dispute. Federal criminal juries consist of 12 persons. Federal civil
juries consist of at least six persons. See also jury and grand jury.

Question 65

Petty offense

Answer 65

A federal misdemeanor punishable by six months or less in prison.

Question 66

Plaintiff

Answer 66

The person who files the complaint in a civil lawsuit.

Question 67

Plea

Answer 67

In a criminal case, the defendant’s statement pleading “guilty” or” not guilty” in answer
to the charges. See also nolo contendere.

Question 68

Pleadings

Answer 68

Written statements fl.led with the court which describe a party’s legal or factual assertions about the case.

Question 69

Precedent

Answer 69

A court decision in an earlier case with facts and legal issues similar to a
dispute currently before a court. Judges will generally “follow precedent” -
meaning that they use the principles established in earlier cases to decide
new cases that have similar facts and raise similar legal issues. A judge will
disregard precedent if a party can show that the earlier case was wrongly
decided, or that it differed in some significant way from the current case.

Question 70

Procedure

Answer 70

The rules for conducting a lawsuit; there are rules of civil procedure, criminal
procedure, evidence, bankruptcy, and appellate procedure.

Question 71

Presentence report

Answer 71

A report prepared by a court’s probation officer, after a person has been
convicted of an offense, summarizing for the court the background information
needed to determine the appropriate sentence.

Question 72

Pretrial conference

Answer 72

A meeting of the judge and lawyers to plan the trial, to discuss which matters
should be presented to the jury, to review proposed evidence and witnesses,
and to set a trial schedule. Typically, the judge and the parties also
discuss the possibility of settlement of the case.

Question 73

Pretrial services

Answer 73

A department of the district court that conducts an investigation of a criminal
defendant’s background in order to help a judge decide whether to
release the defendant into the community before trial.

Question 74

Probation

Answer 74

1. A sentencing alternative to imprisonment in which the court releases convicted
   defendants under supervision of a probation officer, who makes certain
   that the defendant follows certain rules (e.g., gets a Job, gets drug counseling,
   etc.); 2. A department of the court that prepares a presentence report.

Question 75

Probation officer

Answer 75

Officers of the probation office of a court. Probation officer duties include conducting
presentence investigations, preparing presentence reports on convicted defendants,
and supervising released defendants.

Question 76

Pro per

Answer 76

A slang expression sometimes used to refer to a prose litigant. It is a corruption of the
Latin phrase “in propria persona.”

Question 77

Pro se

Answer 77

A Latin term meaning “on one’s own behalf”; in courts, It refers to persons who present
their own cases without lawyers.

Question 78

Prosecute

Answer 78

To charge someone with a crime. A prosecutor tries a criminal case on
behalf of the government.

Question 79

Record

Answer 79

A written account of the proceedings in a case, including all pleadings, evidence,
and exhibits submitted in the course of the case.

Question 80

Remand

Answer 80

The act of an appellate court sending a case to a lower court for further
proceedings.

Question 81

Reverse

Answer 81

The act of an appellate court setting aside the decision of a trial court. A
reversal is often accompanied by a remand to the lower court for further
proceedings.

Question 82

Sentence

Answer 82

The punishment ordered by a court for a defendant convicted of a crime .

Question 83

Sentencing guidelines

Answer 83

A set of rules and principles established by the United States Sentencing
Commission that trial judges use to determine the sentence for a convicted
defertdant.

Question 84

Service of process

Answer 84

The delivery of writs or summonses to the appropriate party.

Question 85

Settlement

Answer 85

Parties to a lawsuit resolve their dispute without having a trial. Settlements
often involve the payment of compensation by one party in at least partial
satisfaction of the other party’s claims, but usually do not include the admission
of fault.

Question 86

Sequester

Answer 86

To separate. Sometimes juries are sequestered from outside influences during
their deliberations.

Question 87

Statute

Answer 87

A law passed by a legislature.

Question 88

Statute of limitations

Answer 88

A law that sets the deadline by which parties must file suit to enforce their
rights. For example, if a state has a five year statute of limitations for breaches
of contract, and John breached a contract with Susan on January 1, 1995,
Susan must file her lawsuit by January 1. 2000. If the deadline passes, the
“statute of limitations has run” and the party may be prohibited from bringing
a lawsuit; i.e. the claim is “time-barred.” Sometimes a party’s attempt to
assert his or her rights will “toll” the statute of limitations, giving the party
additional time to file suit.

Question 89

Subpeona

Answer 89

A command, issued under authority of a court or other authorized government
entity, to a witness to appear and give testimony.

Question 90

subpoena duces tecum

Answer 90

A command to a witness to appear and produce documents.

Question 91

Summary judgment

Answer 91

A decision made on the basis of statements and evidence presented for the
record without a trial. It is used when it is not necessary to resolve any factual
disputes in the case. Summary Judgment is granted when-on the undisputed
facts in the record- one party ls entitled to judgment as a matter
of law.

Question 92

Temporary restraining order

Answer 92

Prohibits a person from taking an action that is likely to cause irreparable
harm. This differs from an injunction in that it may be granted immediately,
without–notice-·to · the opposing·party;-and without-a-hearing:· It-is· intended
to last only until a hearing can be held. Sometimes referred to as a “T.R.O.”

Question 93

Testimony

Answer 93

Evidence presented orally by witnesses during trials or before grand juries.

Question 94

Toll

Answer 94

See statute of limitations.

Question 95

Tort

Answer 95

A civil wrong or breach of a duty to another person. The “viclim” of a tort
may be entltled to sue for the harm suffered. Victims of crimes may also sue
in tort for the wrongs done to them. Most tort cases are handled in state
court, except when the tort occurs on federal property (e.g., a military base),
when the government is the defendant, or when there is diversity of citizenship
between the parties.

Question 96

Transcript

Answer 96

A written, word-for-word record of what was said, either in a proceeding
such as a trial, or during some other formal conversation, such as a hearing
or oral deposition.

Question 97

Trustee

Answer 97

In a bankruptcy case, a person appointed to represent the Interests of the
bankruptcy estate and the unsecured creditors. The trustee’s responsibilities
may include liquidating the property of the estate, making distributions to
creditors, and bringing actions against creditors or the debtor to recover
property of the bankruptcy estate.

Question 98

Uphold

Answer 98

The appellate court agrees with the lower court decision and allows it to
stand. See affirmed.

Question 99

US Attorney

Answer 99

A lawyer appointed by ‘the President in each judicial district to prosecute
and defend cases for the federal government. The U.S. Attorney employs a
staff of Assistant U.S. Attorneys who appear as the government’s attorneys
in individual cases.

Question 100

Venue

Answer 100

The geographical location in which a case is tried.

Question 101

Verdict

Answer 101

The decision of a trial jury or a judge that determines the guilt or innocence
of a criminal defendant, or that determines the final outcome of a civll case.

Question 102

Voir dire

Answer 102

The process by which judges and lawyers select a trial jury from among those
eligible to serve, by questioning them to make certain that they would fairly
decide the case. “Voir dire’’ Is a phrase meaning “to speak the truth.”

Question 103

Warrant

Answer 103

A written order authorizing official action by law enforcement officials, usu-
ally arrest the individual named in the warrant. A search
warrant orders that a specific location be searched for items, which if found,
can be used in court as evidence.

Question 104

Witness

Answer 104

A person called upon by either side in a lawsuit to give testimony before the
court or jury.

Question 105

Writ

Answer 105

A formal written command or order, Issued by the court, requiring the performance
of a specific act.

Question 106

Writ of Certiorari

Answer 106

An order Issued by the U.S. Supreme Court directing the lower court to transmit
records for a case which it will hear on appeal.