Law Vocabulary (U.S. Attorney) Flashcards
acquittal
Judgment that a criminal defendant has not been proven guilty beyond a reasonable doubt.
affidavit
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.
affirmed
Judgment by appellate courts where the decree or order is declared valid and will stand as decided in the lower court.
Alford plea
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.
allegation
Something that someone says happened.
answer
The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
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.” 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.
appellate
About appeals; an appellate court has the power to review the judgment of another lower court or tribunal.
arraignment
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.
arrest warrant
A written order directing the arrest of a party. Arrest warrants are issued by a judge after a showing of probable cause.
bail
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.
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 discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
bench trial
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.
beyond a reasonable doubt
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.
binding precedent
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.
brief
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.
capital offense
A crime punishable by death. In the federal system, it applies to crimes such as first degree murder, genocide, and treason.
case law
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.
chambers
A judge’s office.
charge
The law that the police believe the defendant has broken.
charge to the jury
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.
chief judge
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.
circumstantial evidence
All evidence that is not direct evidence (such as eyewitness testimony).
clerk of court
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.
common law
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.
complaint
A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
continuance
Decision by a judge to postpone trial until a later date.
contract
An agreement between two or more persons that creates an obligation to do or not to do a particular thing.
conviction
A judgment of guilt against a criminal defendant.
counsel
Legal advice; a term used to refer to lawyers in a case.
counterclaim
A claim that a defendant makes against a plaintiff. Counterclaims can often be brought within the same proceedings as the plaintiff’s claims.
court
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.”
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.
cross-examine
Questioning of a witness by the attorney for the other side.
damages
Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
default judgment
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.
defendant
In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
defense table
The table where the defense lawyer sits with the defendant in the courtroom.
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
direct evidence
Evidence that supports a fact without an inference.
discovery
Lawyers’ examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
docket
A log containing brief entries of court proceedings.
en banc
“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.
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.
exculpatory evidence
Evidence which tends to show the defendant’s innocence.
exhibit
Physical evidence or documents that are presented in a court proceeding. Common exhibits include contracts, weapons, and photographs.
federal question
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.
felony
A crime carrying a penalty of more than a year in prison
file
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.
grand jury
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.
habeas corpus
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.
hearsay
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.
impeachment
(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.
inculpatory evidence
Evidence which tends to show the defendant’s guilt.
indictment
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.
in forma pauperis
In the manner of a pauper. Permission given to a person to sue without payment of court fees on claim of indigence or poverty.
information
A formal accusation by a government attorney that the defendant committed a misdemeanor.
initial hearing
Court proceeding in which the defendant learns of his rights and the charges against him and the judge decides bail.
injunction
An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
interrogatories
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.
interview
A meeting with the police or prosecutor.
issue
(1) The disputed point in a disagreement between parties in a lawsuit. (2) To send out officially, as in to issue an order.
judge
government official with authority to decide lawsuits before the couty
judgement
official decision of a court determining the respective rights and claims of parties in a suit
jurisdiction
(1) legal authority of a court to hear and decide a case (2) geographic area over which the court has authority to decide cases
concurrent jurisdiction
when two courts have simultaneous responsibility for the same case
jury
selected and sworn-in citizens. civil- 6 federal - 12
jury instructions
judges explanation to the jury before it begins deliberation of the questions it must answer and the law governing the case.
jury pool
the group from which the jury is chosen
jurisprudence
the study of law and legal systems
lawsuit
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
law clerk
(staff of attorney) assist judges with research and drafting opinions
librarian
meets informational needs of judges and lawyers
litigation
a case, controversy, or lawsuit
magistrate judge
judicial officers who assist US district court in getting cases ready for trial
misdemeanor
a petty offense punishable by less than a year
mistrial
an invalid trial caused by fundamental error. the trial must then start again
motion
attempt to have a limited issue heard by the court before, during, or after trial
nolo contendere
no content; accepting conviction without admission of guilt. forces plaintiff in the lawsuit to prove the defendant committed the crime
oath
promise to tell the truth
objection
a protest by attorney challenging a statement or question made in trial. i.e. leading the witness, or hearsay
opinion
judges written explanation of a decision of the court; ruling comes from majority
concurring opinion
agrees with end result. but offers futher comment because of how conclusion was reached
oral argument
lawyers summarize their position in court in appeal and answer judges questions
panel
appellate cases ; a group of judges or a group of potential jurors
parties
plaintiffs, defendants, appellants and appellees + their lawyers.
petit jury
aka trial jury; a group of citizens who hear the evidence presented and determine the facts
plaintiff
a person who files the complaint
plea
answer to charges in open court
plea deal
agreement between defendant and prosecutor where defendant pleads guilty in exchange for concession i.e. lesser charges, dismissal, more lenient sentence
pleadings
written statements of parties in a civil case and their positions - federal courts complaint and the answer
precedent
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.
procedure
the rules for the conduct of a lawsit
preliminary hearing
a hearing where the judge decides if there us enough evidence for the defendant to go to trial / hearsay is often admissable
pretrial conference
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
probable cause
amount of suspicion leading one to believe certain facts are probably true
probation
alternative sentencing to imprisonment where the court releases convicted defendants under supervision with certain conditions
probation officers
screen applicants for pretrial release and monitor convicted offenders
pro se
a person who presents their own cases without a lawyer
prosecute
charge someone of a crime
public defenders
represent defendants who cannot afford an attorney
record
a written account of all acts / proceedings in a lawsuit
remand
when an appellate court sends back to lower court for further proceedings
reporter
makes record of court proceeding, transcripts, and publishes courts opinions/decisions
reverse
when appellate court sets aside decision of lower court because of an error – often followed by a remand
search warrant
orders that a specific location be searched in court as evidence
sentence
punishment ordered by a court for a defendant convicted of a crime – federal courts look to the US sentencing commission guidelines
service of process
the service of writs or summonses to the appropriate party
settlement
parties to a lawsuit resolve their differences without a trial – often involve payment or compensation to satisfy
sequester
to separate – jurors can be sequestered from outside influences during trial
sidebar
conference between judge and lawyers held out of earshot of jurors/spectators
statement
description that a witness gives police that they write down
statute
law passed by legislature
statute of limitations
law that sets the time in which parties must take action to enforce rights
subpoena
a command for a witness to appear and give testimony
subpoena duces tecum
command to a witness to produce documents
summary judgement
decision entered by a court for one party against another without trial
temporary restraining order
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.
testify
answer questions in court
testimony
evidence presented orally by witnesses during trial or before grand juries
tort
a civil wrong or breach of a duty to another person as outlined by law
transcript
a written word for word record of what was said in proceeding or conversation
uphold
decision of an appellate court not to reverse a lower court decision
u.s. attorney
lawyer appointed by the president in each judicial district to prosecute and defend cases for the government
u.s. marshall
aka bailiff enforces rules of behavior in courtrooms
venue
geographical location where a case is tried
verdict
decision of petit jury or judge
victim advocate
work with prosecutors and assist the victims of a crime
voir dire
process used by parties to select a fair and impartial jury
warrant
written orders directing a request
witness
a person called upon by either side to give testimony before the court/jury
writ
formal written command issued from court requiring performance of a specific act
writ of certiorari
orders a lower court to deliver its record in a case so that the higher court may review it
