Legal Vocabulary Flashcards
1
Q
Legal proceedings; a lawsuit.
A
Action
2
Q
A jury verdict that a criminal defendant is not guilty; finding of a judge that the evidence is insufficient to support a conviction.
A
Acquittal 
3
Q
A legal process of resolving a dispute, or decide a case.
A
Adjudicate
4
Q
A term used to describe evidence that may be considered by jury or judge in civil and criminal cases.
A
Admissible
5
Q
A written or printed statement made under oath.
A
Affidavit
6
Q
The action or process of affirming something or being affirmed.
A
Affirmation
7
Q
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.
A
Affirmed
8
Q
A defendant’s plea that allows him to assert his innocence, but allows the court to sentenced the defendant without conducting a trial. Especially, the defendant is admitting that the evidence is sufficient to show guilt. On the record. 
A
Alford plea
9
Q
Something that someone says happened.
A
Allegation
10
Q
A juror elected in the same manner as a regular, juror hears all the evidence but does not help decide the case, unless called on to replace a regular juror.
A
Alternate juror
11
Q
A minor charge or addition designed to improve.
A
Amendment
12
Q
Latin for “ friend of the court.” it is advice, formally offered to the court in a brief, filed by an entity, interested in, but not a party, to, the case.
A
Amicus curiae
13
Q
The formal written statement by defendant, in a civil case, that responds to a complainant, articulating the grounds for defense.
A
Answer
14
Q
A request made after a trial by a party that has lost on one or more issues that a higher court review the decision to determine if it was correct.
A
Appeal
15
Q
The act of coming into court as a party to suit, either in person or through an attorney.
A
Appearance
16
Q
About appeals; an appellate court has the power to review the judgment of a lower court (court trial) or tribunal.
A
Appellate
17
Q
The party who opposes an appellate’s appeal and who seeks to persuade the appeals court, to affirm the District Court’s decision.
A
Appellee
18
Q
When disputing parties participate in a process where they agree in advance to accept the decision of a mutually selected arbitrator, or panel or arbitrators, who will hear both sides and make a decision.
A
Arbitration
19
Q
A proceeding in which a criminal defendant is brought into court, told of the charges in an indictment or information, and asked to be guilty or not guilty.
A
Arraignment
20
Q
Property of all kinds, including real and personal, tangible and intangible.
A
Assets
21
Q
An injunction that automatically stops lawsuits, foreclosures, garnishment, and most collection activities against the debtor. The moment a bankruptcy petition is filed.
A
Automatic stay
22
Q
A sum of money that a court decides should be given to someone.
A
Award
23
Q
The release prior to trial of a person accused of a crime under specified conditions designed to assure that persons appearance in court when required. Also, can refer to the amount of bond money posted as a financial condition of pretrial release.
A
Bail
24
Q
The term meaning lawyers, or lawyer association.
A
Bar
25
A trial without a jury in which the judge serves as the fact-finder.
Bench trial
26
A written statement submitted in a trial or appellate proceeding that explains one side’s legal and actual arguments.
Brief
27
The duty to prove dispute facts. In civil cases, the plaintiff generally has the burden of proving his or her case. In criminal cases, the government has the burden of proving the defendants guilt.
Burden of proof
28
A crime punishable by death.
Capital offense
29
The heading: shows name, address, phone number, court, county, etc.
Caption
30
The law as establish in previous court decisions. A synonym for legal precedent. Akin, to common law, which springs from traditional and judicial decisions.
Case file
31
The number of cases handled by a judge, or a court.
Caseload
32
The relationship between cause and effect; the action of causing something. (civil court.)
Causation
33
A legal claim.
Cause of action
34
The offices of a judge and his or her staff.
Chambers
35
The law that the police believe the defendant has broken.
Charge
36
All property except real property; personal property. Example: jewelry, clothing, furniture, and appliances.
Chattel
37
The judge who has primary responsibilities for the administration of a court; determined by seniority.
Chief judge
38
All evidence that is not direct (eyewitnesses testimony is direct evidence.)
Circumstantial evidence
39
A person making a claim, especially in a lawsuit.
Claimant
40
A lawsuit and which one or more members of a large group, or class, of individuals, or other entities Sue on behalf of the entire class.
Class action
41
The court officer, who overseas administrative functions, manage his flow of cases through the court.
Clerk of court
42
The property that is promised as security for the satisfaction of a debt.
Collateral
43
A special condition, the court imposes that requires an individual to work without pay for a civil or nonprofit organization.
Community service
44
A written statement that begins a civil lawsuit, in which the plaintiff details to claims against the defendant.
Complaint
45
Prison terms for two or more offenses, to be served at thesame time, rather than one at a time. Example: Two 5-year sentences, and one 3-year sentences, if serve concurrently result in a maximum of five years behind bars.
Concurrent sentence
46
Approval of a plan.
Confirmation
47
Prison terms for two or more offenses, to be served one after the other. Example: Two 5-year sentences and one 3-year sentence if served consecutively result in a maximum of 13 years behind bars.
Consecutive sentence
48
A challenge in which the constitutionality of a legislation, or a statute is questioned.
Constitutional challenge
49
Willful disobedience of a judge’s command, or of an official court order.
Contempt of court
50
Fee paid to an attorney when attorney is successful in making a recovery on behalf of his or her client; Attorney receives a percentage of the verdict or settlement amount.
Contingency fee
51
Postponement of a legal proceeding to a later date.
Continuance
52
An agreement between two or more people that creates an obligation to do or not to do a particular thing.
Contract
53
A judgment of guilt against a criminal, defendant.
Conviction
54
Legal advice; a term also used to refer to the lawyer in the case.
Counsel
55
An allegation in an indictment or information, charging a defendant with a crime. An indictment or information may contain allegations that the defendant committed more than one crime. Each allegation is referred to as a count.
Count
56
A claim that a defendant makes against a plaintiff.
Counter-claim
57
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
58
The ability to appear honest and trustworthy when telling your side of the story.
Credibility
59
A clean brought by one defended to get another in the same proceeding.
Cross-claim
60
The formal interrogation of a witness called by the other party in a court of law to challenge or extend testimony already given.
Cross-examination
61
Money that a defendant pays a plaintiff in a civil case, if the plaintiff has one. Damages may be compensatory (for the loss or injury) or punitive to the punishment and tear future misconduct).
Damages
62
Latin, meaning “in fact” or “actually.” Something that exists in fact, but not as a matter of law.
De facto
63
Latin, meaning “in Law .” Something that exist by operation of law.
De jure
64
Latin, meaning “anew.” a trial de novo is a completely new trial.
De novo
65
A judge’s statement about someone’s rights. For example, a plaintive may seek a declaratory judgment, that a particular statute, as written, violates some constitutional right.
Declaratory judgment
66
A judgment awarding a plaintiff, the relief sought in the complaint, because the defendant has failed to appear in court or otherwise respond to the complaint.
Default judgment
67
An individual, company, or institution, sued, or accused in a court of law. In a civil case, the person or organization, against who the plaintiff brings suit; in a criminal case, the person accused of the crime.
Defendant
68
The case presented by or on behalf of the accused party, or the party being sued in a lawsuit.
Defenses
69
Testify to or to give evidence under oath.
Depose
70
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. (See
discovery.)
Deposition
71
A lawsuit brought by a corporation shareholder against the directors, management, and or other shareholders of the corporation for a failure by management.
Derivative Action
72
Evidence that supports facts without an inference (eyewitness testimony).
Direct evidence
73
Questioning of a witness by the party who called him or her any trial. Example: plaintiff’s attorney is questioning the plaintiff; defendant’s attorney is questioning the defendant.
Direct examination
74
An official instruction from the judge.
Directive
75
A written document by the court reporter included in every transcript, stating that the reporter is not affiliated with any person involved in the matter, nor is the reporter financially interested in the matter.
Disclosure statement
76
Lawyers’ examination before trial of facts and documents in possession of the opponents to help the lawyers prepare for trial.
Discovery
77
Determination of a lawsuit by court’s finding that it should not be permitted to proceed.
Criminal court only.
Dismissal
78
Court action that prevents an identical lawsuit from being filed later.
Can’t file again.
Dismissal with prejudice
79
Court action that allows later filing of identical lawsuit.
Can file again.
Dismissal without prejudice
80
The manner in which a case is settled or resolved.
Same as judicial.
Disposition
81
A log containing the complete history of each case in the form of brief, chronological entries summarizing the court proceedings.
Count calendar.
Docket
82
Where a person has a permanent home to which he intends to return.
Domicile
83
Putting a person on trial more than once for the exact same crime. It is for bidden by the Fifth Amendment to the United States Constitution.
Double Jeopardy
84
In criminal law, the constitutional guarantee that the defendant will receive a fair and impartial trial. And civil law, the legal rights of someone who conference an adverse action, threatening liberty or property.
Due process
85
French, meaning “on the bench.”
En bank
86
A list of corrected errors. In a transcript, it is a page used when a deponent reason signs the transcript and lists any errors they find in the transcript.
Errata
87
Fair and impartial; valid in equity as distinct from law. Example: the beneficiaries have an equitable interest in the property.
Equitable
88
Information presented in testimony, or in documents that is used to persuade the factfinder (judge or jury) to decide the case in favor of one side or the other.
Evidence
89
A proceeding brought before a court by one party only without notice to or challenged by other side.
Ex parte
90
Doctrine that says evidence obtained in violation of a criminal defendant’s constitutional or statutory rights is not admissible at trial.
Exclusionary rule
91
Evidence, indicating that a defendant did not commit the crime.
Exculpatory evidence
92
Physical evidence, or documents that are presented in a court proceeding. Common exhibits include extracts, weapons, and photographs.
Exhibit
93
A witness with specialized knowledge of a subject who is allowed to discuss an event in court, even though he, or she was not present.
Expert witness
94
The process by which the record of criminal conviction is destroyed or sealed.
Expungement
95
The surrender of an accused criminal by one state to the jurisdiction of another.
Extradition
96
An attorney employed by the federal courts on a full-time basis to provide legal defense to defendant, who are unable to afford counsel.
Federal public defender
97
Rules that govern civil proceedings in the United States courts.
Federal rules of civil procedure
98
A serious crime, usually punishable by at least one year in prison.
Felony
99
To place a paper in the official capacity of the clerk of court to enter into the files of records of a case.
File
100
A sworn statement of income, expenses, property (assets), and debts (liabilities).
Financial affidavit
101
The court’s or jury’s decision on issues of fact.
Finding
102
Clause in contracts that reveals parties from fulfilling their obligations due to an unavoidable event, or unforeseen occurrence that could not be reasonably anticipated or controlled.
Force Majeure
103
An elected member of a jury who delivers verdict to the court.
Foreman
104
The international deceit of one’s property to deprive another party of money, property, or rights.
Fraud
105
The 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.)
Grand jury
106
A complaint filed against an attorney or judge claiming an ethics violation.
Grievance
107
A basis or foundation; reasons sufficient in the lot to justify relief.
Grounds
108
Latin, “guardian at law.“ The person appointed by the court to look out for the best interest of a child or other persons, not able to look out for themselves during the course of legal proceedings.
Guardian at litem
109
Latin, meaning “you have the body.” A writ of habeas corpus generally is a judicial order, forcing law-enforcement authorities to produce a prisoner. They are holding and to justify the prisoner’s continued confinement.
Habeas corpus
110
Evidence presented by witness, who did not see, or hear the incident in question, but heard about it from someone else. With some exceptions, hearsay generally, is not admissible as evidence at trial.
Hearsay
111
A special condition, the court imposes that requires an individual to remain at home, except for certain approved activities, such as work and medical appointments. Also known as “home arrest.“
Home confinement
112
The process of calling a witness’s testimony into doubt. Example: if the attorney can show that the witness may have fabricated portions of his testimony, the witness is said to be “impeached.”
Impeachment
113
Latin, meaning “in a judge’s chambers.“ Often means outside the presence of a jury and the public. In private.
In camera
114
Latin, meaning “in the manner of a pauper in.“ Permission, given by the court to a person to file a case without payment of the required courts fees because the person cannot pay them.
In forms pauperis
115
Latin, meaning “against the person.“ Refers to the court’s power to adjudicate matters directed against the party.
In Personam
116
Latin, meaning “against a thing.“ The power of a court over an item of real or personal property.
In re.
In REM
117
Evidence, indicating that he defended, did not commit the crime.
They did commit. Includes.
Inculpatory evidence
118
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; primarily for felonious. (See also information.)
True bill.
Indictment
119
A formal accusation by government attorney, that the defendant committed a misdemeanor. (See also indictment.)
Information
120
Court proceeding in which the defendant learns of his rights and the charges against him, and the judge decides bail.
Also known as Arraignment.
Initial hearing
121
A court order, preventing one or more named parties from taking some action. A preliminary injunction often is called to allow fact-finding so a judge can determine whether a permanent injunction is justified.
Short term or permanent.
Injunction
122
A suit pleated between two parties to determine a matter of claim, or write to property held by a third-party.
Interpleader
123
A form of discovery, consisting of written questions to be answered in writing, and under oath.
Interrogatories
124
1. The disputed point between parties in a lawsuit;
2. To send out officially, as in a court issuing an order.
Issue
125
The joining together of several parties, all in one lawsuit, providing that the legal issue and the factual situation are the same.
Joinder
126
An official of the judicial branch with authority to decide lawsuits brought before the courts.
Judge
127
The position of a judge.
Judgeship
128
The official decision of a court finally resolving the dispute between the parties to the lawsuit.
Judgment
129
The legal authority of a court to hear and decide a certain type of case. It is also used as a synonym for venue, meaning the geographic area over which the court has territorial jurisdiction to decide cases.
It is the venue
Jurisdiction
130
The study of law and the structure of the legal system.
Jurisprudence
131
A member of a jury or alternate.
Juror
132
The group of person selected to hear the evidence in a trial, and render a verdict on matters of fact. (See also grand jury.)
Jury
133
A judge’s direction to the jury before it begins deliberations, reading the factual questions. It must answer, and the legal rules that it must apply. (Also referred to as jury charge.)
Jury instruction
134
The group of people from which the actual jury is chosen. The jury pool is randomly selected from a source such as voter registration banks.
Jury pool
135
A trial that is decided by a jury.
Jury trial
136
A legal action started by a plaintiff against a defendant, based on a complaint, that the defendant failed to perform a legal duty, which resulted in harm to the plaintiff.
Lawsuit
137
The legal responsibility for one’s actions.
Liability
138
A charge on specific property that is designed to secure payment of a debt or performance of an obligation.
Lien
139
A pending lawsuit. Jurisdiction or control that courts have over property in a case waiting for final deposition.
Lis Pendens
140
A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants
Litigation
141
The official officer of a District Court, who conducts initial proceedings in criminal cases, decides criminal, misdemeanor cases, conducts, mini pretrial, civil, and criminal matters, on behalf of district judges, and decides civil cases with the consent of the parties.
Magistrate judge
142
Doing something illegally or morally wrong.
Malfeasance
143
And order directed to a private corporation, or any of its officers or two and executive, administrative or judicial officer, or to a lower court, commanding the performance of a particular act. “Also referred to as a writ of mandamus.“
Mandamus
144
A private, informal way to resolve a dispute. A mediator is a neutral third-party, who tries to aid disputing parties in reaching a mutually agreeable solution.
Mediation
145
Illegal cause of action that occurs when a medical or healthcare, professional, through a negligence act or omission, deviate from standards in their profession, thereby causing injury to a patient.
Medical malpractice
146
An offense punishable by one year of imprisonment or less.
Misdemeanor
147
The improper joining of a party to a criminal or civil lawsuit.
Misjoinder
148
An invalid trial caused by fundamental error. When a mistrial is declared, the trial must start again with the selection of a new jury .
Miss trial
149
Circumstances that may be considered to reduce the guilt of a defendant. Usually based on fairness or mercy.
Mitigating circumstances
150
Also called a minute. The formal document prepared by the court clerk, to present a convicted, defendant in a criminal case to the department of corrections for incarceration.
Mittimus judgment
151
Request to change a prior order. Usually require showing a change in circumstances is the date of the prior order.
Modification
152
Not subject to a court ruling because the controversy has not actually arisen or has ended.
Moot
153
A request by litigant to a judge for a decision on an issue relating to the case.
Verbal writing.
Motion
154
A pretrial motion request in the court, to prohibit the other side, from presenting or even referring to evidence on matters, said to be so highly prediction, that new steps taken by the judge, can prevent the jury from being under the influence.
Motion to suppress.
Motion in limine
155
A request to a judge, that part of a part’s pleading for a piece of evidence be removed from the record.
Motion to strike
156
The person who filed the motion or request to the court.
Movant
157
A person making the request to the court in a case.
Moving party
158
Failure to use reasonable care, resulting in damage or injury to another.
Negligence
159
Latin, meaning “no prosecution.“ A disposition of a case, where the prosecutor agrees to drop the case against the defendant, but keeps the rights to reopen the case and prosecute at any time during the next 13 months. If the defendant stays out of trouble during that 13 months, the case is removed from the official court records.
Nolle Prosequi
160
Latin, meaning “no contest.” A pleat of nolo contendere has the same fact as a guilty plea as far as a criminal sentence, is concerned, but may not be considered as an admission of guilt for any other purpose. (Many times is shortened to clean. “nolo.” I said as “no contest.”) Nolo plea.
Nolo Contendere
161
Failure to include a nessasary party to a lawsuit.
Nonjoinder
162
Usually refers to someone involved in an incident, but has not been directly named as a party. Example: a bystander who witnessed a car accident would be a non-party.
Non-party
163
A document directing a witness to appear and answer questions under oath.
Notice of deposition
164
The party who sends the notice of deposition to the deponent and their attorney. Example: if plaintiffs attorney is the noticing party.
Noticing party
165
A swearing to tell the truth, the whole truth, and nothing but the truth.
Oath
166
A formal protest raised during a trial, deposition, or other procedure, indicating that the objecting attorney wishes the judge to disallow something.
Objection
167
A judge’s written explanation of the decision of the court.
Opinion
168
An opportunity for lawyers to summarize the position before the court, and also to answer the judge’s questions.
Oral argument
169
Direction of a court, or judge made in writing, which determines some point, or direct some step in the proceedings.
Order
170
In the jury selection process, the group of potential jurors.
Also known as Venire.
Panel
171
A person with special training, but who has not entered a logic green, who works under the supervision of a lawyer. Also called the legal assistant.
Paralegal
172
The release of a prisoner inmate after the inmate has completed part of his or her sentence in a federal prison.
Parole
173
Plaintiff and defendant to a lawsuit. Also called claimant and respondent, appellant and appellee, petitioner and respondent.
Parties
174
A court order made before final orders are granted.
Pendente lit order
175
Latin, meaning “for the court.“ In appellate courts, often refers to an assigned opinion.
Per curiam
176
A district court may grant each side in a civil or criminal trial the right to exclude a certain number of prospective jurors without cause are giving a reason.
Peremptory challenge
177
Lying under oath.
Perjury
178
A group of citizens, who hear the evidence presented by both sides, a trial, and determine the facts in dispute. Federal criminal juries consist of 12 persons; federal civil jury’s consist of at least six persons. (Same as jewelry above.)
Grand jury.
Petit jury
179
A formal application in writing made to a court or other official body requesting judicial action of some character.
Something to be done.
Petition
180
A federal misdemeanor punishable by six months or less in prison.
Petty Offense
181
A person or business that file a formal complaint with the court.
Plaintiff
182
In a criminal case, the defendant’s statement, pleading “guilty” or “not guilty” in answer to the charge. (See also nolo contendere.)
Plea
183
Agreement between the defendant and prosecutor, where the defendant pleads guilty in exchange for a lesser sentence from the prosecutor.
Lesser sentence.
Plea deal
184
Written statements, filed with the court that describes a party’s legal or factual assertions about the case.
Pleadings
185
To ask each member of the jury to recite out loud his or her Verde. This is done after the trial is completed.
Polling the jury
186
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.“
Precedent
187
A hearing, for the judge decides whether there is enough evidence to require the defendant to go to jail. Preliminary hearings do not require the same rules as trials. For example, hearsay is often admissible during the but not at trial.
Preliminary hearing
188
A report prepared by court’s probation officer, after a person has been convicted of an offense, summarizing for the court the back ground information needed to determine the appropriate sentence.
Presentence report
189
A meeting of the judge and lawyers to plan the trial, discussion which matters should be presented to the jury, review proposed, evidence and witnesses, and to set a trial schedule. The judge and parties also discuss the possibilities of settlement of the case.
Pretrial conference
190
Latin, meaning “at first look“ or “on its face.“ Refers to what can be presumed at the first disclosure. A prima facie case is a case where, and upon first look, the facts themselves prove the case.
Prima facie
191
Rules of evidence that allows the holder of the privilege to refuse to disclose information or provide evidence about a certain subject or to bar such evidence from being disclosed, or used in a judicial or other proceeding. Example: attorney client privilege means that discussions between an attorney and his/her client are not allowed to be used as evidence of trial. This is privileged information.
Privilege
192
When a convicted offender receives a suspended term of incarceration, and is then supervised by a probation officer for a period of time set by a judge.
Probation
193
Work done by a lawyer without compensation for the public good.
Pro bono
194
Latin, meaning “presenting one’s self.“ serving as one’s own lawyer.
Pro se
195
Latin, meaning “temporary.”
Pro tem
196
An amount of suspicion leading want to believe certain facts are probably true.
Only in a criminal case.
Probable cause
197
Court proceeding by which a will is provided valid or invalid.
Probate
198
Sentencing option. With probation, instead of sending an individual to prison, the court releases the person to the community and orders him/her to complete a period of supervision monitored by a U.S. probation officer.
Probation
199
Officers of the probation office of a court. Probation officers, conduct, presentence investigation, prepare presentence, report on convicted, defendants, and supervise released defendants.
Probation officer
200
The rules for conducting a lawsuit.
In regards to conducting anything.
Procedure
201
Delivery of copies of legal documents, such as summons, complaints, subpoenas, orders, or writs.
Also a server.
Process
202
To charge someone with a crime.
Going after them to prosecute them.
Prosecute
203
A prosecutor tries a criminal case on behalf of the government.
Prosecutes the defendant.
Prosecutor
204
A criminal court order issued by a judge to protect a family or threshold member.
People or property.
Protective order
205
Represents defendant, who cannot afford an attorney in criminal matters.
Public defender
206
Generally, in a criminal case, an accused person is entitled to acquittal if his or her guilt has not been proven beyond a reasonable doubt.
Civil preponderance of the evidence.
Reasonable doubt
207
A written account of the proceedings in a case, including all pleadings, evidence, and exhibit submitted in the course of the case.
Record
208
The benefit given by the courts to an individual who brings a legal action.
Relief
209
To send back.
The depth of correction.
Remand
210
Another word for defendant, the person responding to a lawsuit.
Respondent
211
To be done presenting the evidence in a case, as in “the plaintiff rest.”
Rest
212
Money order to be paid by the defendant to the victim, to reimburse the victim for the cost of the crime.
A medical, out of pocket financial.
Restitution
213
Court order demanding a person to refrain from certain activities.
To do or not to do something .
Restraining order
214
A term sometimes used to describe the fee, which the client pays when he or she retains the attorney to act for them.
Retainer
215
The act of a court setting aside the decision of a lower court. A reversal is often accompanied by remand to the lower court for further proceedings.
Reverse
216
Standards governing, whether evidence is a civil or criminal case is admissible.
Rules of evidence
217
A penalty or other type of enforcement used to bring about compliance with the law, or with the rules and regulations.
Sanction
218
Describe the extent of discovery, that the parties agree to produce any case.
Scope
219
A court order closing a case file from public view, usually in cases of useful offenses, an acquittal.
Seal
220
Orders at a specific location be searched for items that, if found can be used in court as evidence. Require probable cause in order to be issued.
Search warrant
221
The act of law enforcement officers, taking possession of items during a search.
Seizure
222
Punishment ordered by a Court for a defendant convicted of a crime.
Sentence
223
To separate. Sometimes juries are sequester from outside influences during their deliberations.
Sequestered
224
The delivery of writs or summons to the appropriate party.
Service of process
225
Parties to a lawsuit, resolve the dispute without having a trial. It often involve the payment of compensation buy one party in at least partial satisfaction of the other parties claims, but usually do not include the admission of fault.
Settlement
226
A conference between the judge and lawyers held out of your shot of the jury and spectators.
Sidebar
227
The decision of the jury on the factual issues submitted to them by the judge. The judge gives the jury a series of specific written, actual questions; based upon the jury’s.
The judge determines the verdict.
Special verdict
228
Degree of proof required. In criminal cases, prosecutors must prove a defendants guilt “beyond a reasonable doubt.“ The majority of civil lawsuits require proof “by preponderance of the evidence “(50% plus), but in some the standard is higher and requires “clear and convincing“ proof.
Standard of proof
229
The legal right to bring a lawsuit. Only a person with something at stake has standing to bring a lawsuit.
Standing
230
A description that a witness gives to the police, and that the police write down.
Telling of something or statement.
Statement
231
A law passed by legislature.
Rules and regulations.
Statute
232
The time within which a lawsuit must be filed or a criminal prosecution begun. The deadline can vary, depending on the type of civil case or the criminal charge.
Statute of limitations
233
Temporarily stopping a judicial proceeding.
Stay
234
An agreement between the parties to a lawsuit. Also called a “Stip.”
Stipulate; stipulation
235
Latin, meaning “of its own will.“ Often refers to a court taking an action in a case, without being asked to do so by either party.
Refers to court or judge.
Sua sponte
236
The act or process by which a person’s rights or claims are ranked below those of others.
Subordination
237
A common issue under the court’s authority to a witness is to appear and give testimony.
Includes documentation.
Subpoena
238
A command to a witness to appear and produce documents.
Subpoena duces Tecum
239
Judgment entered by the court for one party, and it gets another party without a full trial.
Judgment summary
240
Official notice of a lawsuit given to the person being sued.
Ordering the defendant to the court.
Summons
241
An answer filed for the purpose of correcting, adding to, or explaining an answer that has already been filed.
Supplemental answer
242
Short-term order for bidding certain actions until a full hearing can be conducted.
Temporary restraining order
(TRO)
243
To answer questions in court.
Testify
244
A civil wrong. A negligent or international injury against a person or property, with the exception of breach of contract.
Tort
245
A written Word for Word record of what was said, either in a proceeding, such as a trial, or doing some other formal conversation, such as a hearing or oral deposition.
Transcript
246
A hearing that takes place when the defendant pleads “not guilty” and the parties are required to come to court to present evidence.
Trial
247
A new trial or retrial in which the whole case with evidence and witnesses is presented as if no previous trial had been held.
Trial de novo
248
The legal device used to manage real or personal property established by one person for the benefit of another.
Trust
249
A lawyer appointed by the president in each judicial district to prosecute and defend cases for the federal government.
U.S. Attorney.
250
An officer of the U.S. Department of justice, responsible for supervising the administration of bankruptcy cases, estates, and trustees, monitoring plans, and disclosure statements, monitoring, creditors’ communities, monitoring fee, applications, and performing other statutory duties.
U.S. Trustee
251
A lawsuit brought by a landlord against a tenant to evict the tenant from rental property, usually for nonpayment of rent.
Unlawful detainer action
252
The appellate court agrees with the lower court decision, and allows it to stand. (See affirmed.)
Someone has file the appeal, a Pendente files appeal .
Uphold
253
To cancel or rescind a court order.
Vacate
254
The geographic area in which a court has jurisdiction. A change of venue is a change to transfer of a case from one judicial district to another.
Venue
255
The decision of a trial jury, or a judge that determines the guilt or innocent defendant, or that determines the final outcome of a civil case.
Verdict
256
Works with prosecutors and assist the victim of a crime.
Victim advocate
257
An offense for which the only sentence authorized is a fine.
Traffic law someone does something they’re not supposed to do or that they’re supposed to do.
Violation
258
Action or inaction that disobey is a condition of probation.
Violation of probation
259
“ to speak the truth.” Jury selection process of questioning perspective, jurors to ascertain their qualifications and determine any basis for challenge.
Voir Dire
260
A legal proceeding where by a plaintiff, or creditor, seeks to subject to his or her, clean the future wages of a debtor. In other words, the creditor six to have part of the debtor’s future wages paid to the creditor for a debt owed to the creditor.
Wage garnishment
261
Court authorizes for law enforcement officers, to conduct a search and/or to make an interest.
Warrant
262
A legal declaration that disposes of a person’s property when that person dies.
Will
263
A person called upon by either side in a lawsuit to give testimony before the court or jury.
Witness
264
A written court order, directing a person to take or refrain from taking a search an action.
From Court to do or not to do something.
Writ
265
And order issued by the U.S. Supreme Court directing the lower court to transmit records for a case, which it will hear on appeal.
Writ of certiorari
266
An order of the court evidencing debt of one party to another, and commanding the court officer to take property and satisfaction of the debt.
Writ of execution
267
A death caused by the negligence, willful, or wrongful act, neglect, omission, or default or another.
Wrongful death
268
When an employee is fired for reasons that are not legitimate, typically either because they are unlawful, or because they violate the terms of an employment contract.
Wrongful discharge
269
The party who appeals a district court’s decision usually seeking reversal of that decision.
Appellant
270
The law as establish in previous court decisions. A synonym for legal precedent. Akin to common law, which Springs from traditional and judicial decisions.
Case Law
271
Approval of a plan.
Confirmation
