Law Vocabulary (U.S. Attorney)

Question 1

acquittal

Answer 1

Judgment that a criminal defendant has not been proven guilty beyond a reasonable doubt.

Question 2

affidavit

Answer 2

A written statement of facts confirmed by the oath of the party making it. Affidavits must be notarized or administered by an officer of the court with such authority.

Question 3

affirmed

Answer 3

Judgment by appellate courts where the decree or order is declared valid and will stand as decided in the lower court.

Question 4

Alford plea

Answer 4

A defendant’s plea that allows him to assert his innocence but allows the court to sentence the defendant without conducting a trial. Essentially, the defendant is admitting that the evidence is sufficient to show guilt. Such a plea is often made for purposes of negotiating a deal with the prosecutor for lesser charges or a sentence.

Question 5

allegation

Answer 5

Something that someone says happened.

Question 6

answer

Answer 6

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

Question 7

appeal

Answer 7

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.” Both the plaintiff and the defendant can appeal, and the party doing so is called the appellant. Appeals can be made for a variety of reasons including improper procedure and asking the court to change its interpretation of the law.

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

arraignment

Answer 9

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 10

arrest warrant

Answer 10

A written order directing the arrest of a party. Arrest warrants are issued by a judge after a showing of probable cause.

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/her appearance on the day and time appointed.

Question 12

bankruptcy

Answer 12

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 discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.

Question 13

bench trial

Answer 13

Trial without a jury in which a judge decides the facts. In a jury trial, the jury decides the facts. Defendants will occasionally waive the right to a jury trial and choose to have a bench trial.

Question 14

beyond a reasonable doubt

Answer 14

Standard required to convict a criminal defendant of a crime. The prosecution must prove the guilt so that there is no reasonable doubt to the jury that the defendant is guilty.

Question 15

binding precedent

Answer 15

A prior decision by a court that must be followed without a compelling reason or significantly different facts or issues. Courts are often bound by the decisions of appellate courts with authority to review their decisions. For example, district courts are bound by the decisions of the court of appeals that can review their cases, and all courts – both state and federal – are bound by the decisions of the Supreme Court of the United States.

Question 16

brief

Answer 16

A written statement submitted by the lawyer for each side in a case that explains to the judge(s) why they should decide the case (or a particular part of a case) in favor of that lawyer’s client.

Question 17

capital offense

Answer 17

A crime punishable by death. In the federal system, it applies to crimes such as first degree murder, genocide, and treason.

Question 18

case law

Answer 18

The use of court decisions to determine how other law (such as statutes) should apply in a given situation. For example, a trial court may use a prior decision from the Supreme Court that has similar issues.

Question 19

chambers

Answer 19

A judge’s office.

Question 20

charge

Answer 20

The law that the police believe the defendant has broken.

Question 21

charge to the jury

Answer 21

The judge’s instructions to the jury concerning the law that applies to the facts of the case on trial. It helps the jury understand the law and how to apply it to the case they are deciding.

Question 22

chief judge

Answer 22

The judge who has primary responsibility for the administration of a court. The chief judge also decides cases, and the choice of chief judges is determined by seniority.

Question 23

circumstantial evidence

Answer 23

All evidence that is not direct evidence (such as eyewitness testimony).

Question 24

clerk of court

Answer 24

An officer appointed by the court to work with the chief judge in overseeing the court’s administration, especially to assist in managing the flow of cases through the court and to maintain court records.

Question 25

common law

Answer 25

The legal system that originated in England and is now in use in the United States. It is based on court decisions rather than statutes passed by the legislature.

Question 26

complaint

Answer 26

A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.

Question 27

continuance

Answer 27

Decision by a judge to postpone trial until a later date.

Question 28

contract

Answer 28

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

Question 29

conviction

Answer 29

A judgment of guilt against a criminal defendant.

Question 30

counsel

Answer 30

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

Question 31

counterclaim

Answer 31

A claim that a defendant makes against a plaintiff. Counterclaims can often be brought within the same proceedings as the plaintiff’s claims.

Question 32

court

Answer 32

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 33

court reporter

Answer 33

A person who makes a word-for-word record of what is said in court and produces a transcript of the proceedings upon request.

Question 34

cross-examine

Answer 34

Questioning of a witness by the attorney for the other side.

Question 35

damages

Answer 35

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

Question 36

default judgment

Answer 36

a ruling granted by a judge or court in favor of a plaintiff in the event that the defendant in a legal case fails to respond to a court summons or does not appear in court.

Question 37

defendant

Answer 37

In a civil suit, the person complained against; in a criminal case, the person accused of the crime.

Question 38

defense table

Answer 38

The table where the defense lawyer sits with the defendant in the courtroom.

Question 39

deposition

Answer 39

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

Question 40

direct evidence

Answer 40

Evidence that supports a fact without an inference.

Question 41

discovery

Answer 41

Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.

Question 42

docket

Answer 42

A log containing brief entries of court proceedings.

Question 43

en banc

Answer 43

"In the bench" or "full bench." Refers to court sessions with the entire membership of a court participating, rather than the usual quorum. U.S. courts of appeals usually sit in panels of three judges, but may expand to a larger number in certain cases they deem important enough to be decided by the entire court. They are then said to be sitting en banc.

Question 44

evidence

Answer 44

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.

Question 45

exculpatory evidence

Answer 45

Evidence which tends to show the defendant’s innocence.

Question 46

exhibit

Answer 46

Physical evidence or documents that are presented in a court proceeding. Common exhibits include contracts, weapons, and photographs.

Question 47

federal question

Answer 47

Jurisdiction given to federal courts in cases involving the interpretation and application of the U.S. Constitution, acts of Congress, and treaties. In some cases, state courts can decide these issues, too, but the cases can always be brought in federal courts.

Question 48

felony

Answer 48

A crime carrying a penalty of more than a year in prison

Question 49

file

Answer 49

To place a paper in the official custody of the clerk of court to enter into the files or records of a case. Lawyers must file a variety of documents throughout the life of a case.

Question 50

grand jury

Answer 50

A body of citizens who listen to evidence of criminal allegations, which are presented by the government, and determines whether there is probable cause to believe the offense was committed. As it is used in federal criminal cases, "the government" refers to the lawyers of the U.S. Attorney's office who are prosecuting the case. Grand jury proceedings are closed to the public, and the person suspected of having committed the crime is not entitled to be present or have an attorney present. States are not required to use grand juries, but the federal government must do so under the Constitution.

Question 51

habeas corpus

Answer 51

A writ that is often used to bring a prisoner before the court to determine the legality of his imprisonment. A prisoner wanting to argue that there is not sufficient cause to be imprisoned would file a writ of habeas corpus. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.

Question 52

hearsay

Answer 52

Statements by a witness who did not see or hear the incident in question but learned about it through secondhand information such as another’s statement, a newspaper, or a document. Hearsay is usually not admissible as evidence in court, but there are many exceptions to that rule.

Question 53

impeachment

Answer 53

(1) The process of calling something into question, as in "impeaching the testimony of a witness." (2) The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government for trial in the Senate.

Question 54

inculpatory evidence

Answer 54

Evidence which tends to show the defendant’s guilt.

Question 55

indictment

Answer 55

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

Question 56

in forma pauperis

Answer 56

In the manner of a pauper. Permission given to a person to sue without payment of court fees on claim of indigence or poverty.

Question 57

information

Answer 57

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

Question 58

initial hearing

Answer 58

Court proceeding in which the defendant learns of his rights and the charges against him and the judge decides bail.

Question 59

injunction

Answer 59

An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.

Question 60

interrogatories

Answer 60

Written questions asked to one party by an opposing party, who must answer them in writing under oath. Interrogatories are a part of discovery in a lawsuit.

Question 61

interview

Answer 61

A meeting with the police or prosecutor.

Question 62

issue

Answer 62

(1) The disputed point in a disagreement between parties in a lawsuit. (2) To send out officially, as in to issue an order.

Question 63

judge

Answer 63

government official with authority to decide lawsuits before the couty

Question 64

judgement

Answer 64

official decision of a court determining the respective rights and claims of parties in a suit

Question 65

jurisdiction

Answer 65

(1) legal authority of a court to hear and decide a case (2) geographic area over which the court has authority to decide cases

Question 66

concurrent jurisdiction

Answer 66

when two courts have simultaneous responsibility for the same case

Question 67

jury

Answer 67

selected and sworn-in citizens. civil- 6 federal - 12

Question 68

jury instructions

Answer 68

judges explanation to the jury before it begins deliberation of the questions it must answer and the law governing the case.

Question 69

jury pool

Answer 69

the group from which the jury is chosen

Question 70

jurisprudence

Answer 70

the study of law and legal systems

Question 71

lawsuit

Answer 71

a legal action started by plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty resulting in harm

Question 72

law clerk

Answer 72

(staff of attorney) assist judges with research and drafting opinions

Question 73

librarian

Answer 73

meets informational needs of judges and lawyers

Question 74

litigation

Answer 74

a case, controversy, or lawsuit

Question 75

magistrate judge

Answer 75

judicial officers who assist US district court in getting cases ready for trial

Question 76

misdemeanor

Answer 76

a petty offense punishable by less than a year

Question 77

mistrial

Answer 77

an invalid trial caused by fundamental error. the trial must then start again

Question 78

motion

Answer 78

attempt to have a limited issue heard by the court before, during, or after trial

Question 79

nolo contendere

Answer 79

no content; accepting conviction without admission of guilt. forces plaintiff in the lawsuit to prove the defendant committed the crime

Question 80

oath

Answer 80

promise to tell the truth

Question 81

objection

Answer 81

a protest by attorney challenging a statement or question made in trial. i.e. leading the witness, or hearsay

Question 82

opinion

Answer 82

judges written explanation of a decision of the court; ruling comes from majority

Question 83

concurring opinion

Answer 83

agrees with end result. but offers futher comment because of how conclusion was reached

Question 84

oral argument

Answer 84

lawyers summarize their position in court in appeal and answer judges questions

Question 85

panel

Answer 85

appellate cases ; a group of judges or a group of potential jurors

Question 86

parties

Answer 86

plaintiffs, defendants, appellants and appellees + their lawyers.

Question 87

petit jury

Answer 87

aka trial jury; a group of citizens who hear the evidence presented and determine the facts

Question 88

plaintiff

Answer 88

a person who files the complaint

Question 89

plea

Answer 89

answer to charges in open court

Question 90

plea deal

Answer 90

agreement between defendant and prosecutor where defendant pleads guilty in exchange for concession i.e. lesser charges, dismissal, more lenient sentence

Question 91

pleadings

Answer 91

written statements of parties in a civil case and their positions - federal courts complaint and the answer

Question 92

precedent

Answer 92

when a cases circumstances and legal requirements match those of a subsequent case. precedent will typically govern the outcome unless party can demonstrate incorrect resolved.

Question 93

procedure

Answer 93

the rules for the conduct of a lawsit

Question 94

preliminary hearing

Answer 94

a hearing where the judge decides if there us enough evidence for the defendant to go to trial / hearsay is often admissable

Question 95

pretrial conference

Answer 95

meeting of judge and lawyers to discuss which matters should be presented to the jury to review evidence, witnesses, set a time table, and discuss settlement

Question 96

probable cause

Answer 96

amount of suspicion leading one to believe certain facts are probably true

Question 97

probation

Answer 97

alternative sentencing to imprisonment where the court releases convicted defendants under supervision with certain conditions

Question 98

probation officers

Answer 98

screen applicants for pretrial release and monitor convicted offenders

Question 99

pro se

Answer 99

a person who presents their own cases without a lawyer

Question 100

prosecute

Answer 100

charge someone of a crime

Question 101

public defenders

Answer 101

represent defendants who cannot afford an attorney

Question 102

record

Answer 102

a written account of all acts / proceedings in a lawsuit

Question 103

remand

Answer 103

when an appellate court sends back to lower court for further proceedings

Question 104

reporter

Answer 104

makes record of court proceeding, transcripts, and publishes courts opinions/decisions

Question 105

reverse

Answer 105

when appellate court sets aside decision of lower court because of an error -- often followed by a remand

Question 106

search warrant

Answer 106

orders that a specific location be searched in court as evidence

Question 107

sentence

Answer 107

punishment ordered by a court for a defendant convicted of a crime -- federal courts look to the US sentencing commission guidelines

Question 108

service of process

Answer 108

the service of writs or summonses to the appropriate party

Question 109

settlement

Answer 109

parties to a lawsuit resolve their differences without a trial -- often involve payment or compensation to satisfy

Question 110

sequester

Answer 110

to separate -- jurors can be sequestered from outside influences during trial

Question 111

sidebar

Answer 111

conference between judge and lawyers held out of earshot of jurors/spectators

Question 112

statement

Answer 112

description that a witness gives police that they write down

Question 113

statute

Answer 113

law passed by legislature

Question 114

statute of limitations

Answer 114

law that sets the time in which parties must take action to enforce rights

Question 115

subpoena

Answer 115

a command for a witness to appear and give testimony

Question 116

subpoena duces tecum

Answer 116

command to a witness to produce documents

Question 117

summary judgement

Answer 117

decision entered by a court for one party against another without trial

Question 118

temporary restraining order

Answer 118

prohibits a person from an action that is likely to cause irreparable harm -- may be granted immediately without notice to other party or without a hearing.

Question 119

testify

Answer 119

answer questions in court

Question 120

testimony

Answer 120

evidence presented orally by witnesses during trial or before grand juries

Question 121

tort

Answer 121

a civil wrong or breach of a duty to another person as outlined by law

Question 122

transcript

Answer 122

a written word for word record of what was said in proceeding or conversation

Question 123

uphold

Answer 123

decision of an appellate court not to reverse a lower court decision

Question 124

u.s. attorney

Answer 124

lawyer appointed by the president in each judicial district to prosecute and defend cases for the government

Question 125

u.s. marshall

Answer 125

aka bailiff enforces rules of behavior in courtrooms

Question 126

venue

Answer 126

geographical location where a case is tried

Question 127

verdict

Answer 127

decision of petit jury or judge

Question 128

victim advocate

Answer 128

work with prosecutors and assist the victims of a crime

Question 129

voir dire

Answer 129

process used by parties to select a fair and impartial jury

Question 130

warrant

Answer 130

written orders directing a request

Question 131

witness

Answer 131

a person called upon by either side to give testimony before the court/jury

Question 132

writ

Answer 132

formal written command issued from court requiring performance of a specific act

Question 133

writ of certiorari

Answer 133

orders a lower court to deliver its record in a case so that the higher court may review it