terms1

Question 1

Admissible

Answer 1

A term used to describe evidence that may be considered by a jury or judge in civil and criminal cases.

Question 2

Affidavit

Answer 2

A written or printed statement made under oath.

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

Alternative dispute resolution (ADR)

Answer 4

A procedure for settling a dispute outside the courtroom. Most forms of ADR are not binding, and involve referral of the case to a neutral party such as an arbitrator or mediator.

Question 5

Answer

Answer 5

The formal written statement by a defendant in a civil case that responds to a complaint, articulating the grounds for defense.

Question 6

Appeal

Answer 6

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. 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 7

Appellant

Answer 7

The party who appeals a district court’s decision, usually seeking reversal of that decision.

Question 8

Appellate

Answer 8

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

Question 9

Appellee

Answer 9

The party who opposes an appellant’s appeal, and who seeks to persuade the appeals court to affirm the district court’s decision.

Question 10

Arraignment

Answer 10

A proceeding in which a criminal defendant is brought into court, told of the charges in an indictment or information, and asked to plead guilty or not guilty.

Question 11

Assets

Answer 11

Property of all kinds, including real and personal, tangible and intangible.

Question 12

Bench trial

Answer 12

A trial without a jury, in which the judge serves as the fact-finder.

Question 13

Brief

Answer 13

A written statement submitted in a trial or appellate proceeding that explains one side’s legal and factual arguments.

Question 14

Burden of proof

Answer 14

The duty to prove disputed facts. In civil cases, a plaintiff generally has the burden of proving his or her case. In criminal cases, the government has the burden of proving the defendant’s guilt. (See standard of proof.)

Question 15

Capital offense

Answer 15

A crime punishable by death.

Question 16

Case file

Answer 16

A complete collection of every document filed in court in a case

Question 17

Caseload

Answer 17

The number of cases handled by a judge or a court.

Question 18

Cause of action

Answer 18

A legal claim.

Question 19

Chief judge

Answer 19

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

Question 20

Claim

Answer 20

A creditor’s assertion of a right to payment from a debtor or the debtor’s property.

Question 21

Class action

Answer 21

A lawsuit in which one or more members of a large group, or class, of individuals or other entities sue on behalf of the entire class. The district court must find that the claims of the class members contain questions of law or fact in common before the lawsuit can proceed as a class action.

Question 22

Clerk of court

Answer 22

The court officer who oversees administrative functions, especially managing the flow of cases through the court. The clerk’s office is often called a court’s central nervous system.