Vocab - Legal Flashcards
affidavit
written statement of facts made under oath
affiant
someone who signs an affidavit
aggravating circumstances
considerations which increase a sentence in criminal cases
mitigating circumstances
considerations which decrease a sentence in criminal cases
allocution
formal statement by CONVICTED defendant as to whether there is any reason judgment should not be rendered against him
- when sentencing bargain is agreed to in exchange for a guilty plea, defendant must admit guilt
arbitration
dispute mediation by impartial third party
arraignment
bringing accused person to court to plea to a criminal charge
bail - own recognizance
commonly referred to as amount of money deposited as form of collateral to guarantee person charged with crime will appear in court when scheduled
bench conference
discussion between attorneys and judge outside the hearing of a courtroom audience/jury
- may or may not be on the record
bench warrant
authority to find and bring to court someone who has failed to appear
bifurcation
trial of certain issues separately (like guilt/penalty or complaint/damages)
-two-pronged
black letter law
basic principles of law, especially when published in statutes
Literal statements in the statutes
Black’s Law Dictionary
standard legal reference work
- includes abbreviations
standard of evidence
how much evidence is needed to bear the burden of proof
case in chief
primary presentation of evidence by a party
case law
printed decisions and opinions of appellate jurisdictions
writ of certiorari
appellate court order (especially Supreme Court) granting hearing to appellant
- if granted, lower court is ordered to provide certified record of the case for appellate judges to review
chain of custody
record showing proper maintenance of “real” evidence (such as narcotics or weapons), as opposed to mere documents
challenge
objection to having someone serve as a juror
- may be for cause or peremptory (no reason given)
chambers
judge’s office in a courthouse
charge to the jury
instructions from judge concerning the law which governs a case
chattel
article of personal or movable property
circuit court of appeal
federal appellate level immediately below the Supreme Court
cloud on title
claim or lien which impairs owner’s otherwise free right to use his property
to remove such a claim, an action is brought to QUIET TITLE
collateral estoppel
bar to re-litigating an issue that has already been tried between the same parties
common law
customary, old, or “judge-made” law, as opposed to “positive” or statutory law
conflict of interest
conflict between private interests and public obligations of someone in position of authority or trust
confront accusers
right of person accused of a crime to face those making the accusation
contempt
willfully disobeying a court order
obstructing a court’s functions or lessening its dignity
court minutes
summary records of events in a case
- kept by the court clerk
deadlocked
jury unable to agree on a verdict
declarant
one having interest in a matter who makes an unsworn statement
- this statement is a DECLARATION
demurrer
assertion by defendant that although certain facts alleged against them may be true, they do not entitle the plaintiff to prevail
dismissed with prejudice
case cannot be brought again
dismissed without prejudice
case can be brought again when appropriate
emend
change or correct to improve the quality of a document
entrap
induce someone to commit a crime who otherwise would not commit one
equity
branch of law dealing with specific cases, not just general rules
estoppel - collateral estoppel
bar/impediment to prevent re-litigating issues that have already been tried
extradition
bringing someone in custody from one state to another state or country
federal question
case or issue involving federal law or constitutional claims
F.2d, F.3d
2nd/3rd sets of published federal appellate decisions
- Federal Reporter series of volumes
grand jury
special jury for criminal law
- determines if evidence is sufficient to warrant a trial
- if evidence is sufficient, grand jury issues INDICTMENT
gravaman
part of charge weighing most heavily against the accused, the primary subject matter of an issue
hypothecate
pledge property as collateral for a debt
hostile witness
called by one side, but whose interests lie with the other party
impeached
testimony contradicted with sufficient proof as to affect witness’s credibility
rehabilitated
reestablishing witness’s credibility (following impeachment) with further evidence
indictment
formal criminal charge against a person
COUNTS of the indictment are individual acts alleged to have broken the law
injunction
an order either forbidding or compelling an action
interlocutory
provisional, temporary, not yet finalized
intervenor
person voluntarily joining in an action, with permission of the court
intestate
dying without preparing a valid will
joinder
joining lawsuits together/joining parties together in a single suit
junior mortgage
mortgage next in line to prior mortgage
- senior mortgage paid off first
jurisdiction - subject matter
cases or issues a court is authorized to hear
jurisdiction - geographic (territorial)
area within which a court may exercise its authority to hear cases
limited jurisdiction
court may only consider certain matters
general jurisdiction
court may hear any matter constitutionally permitted
jurisdiction - original
no court, other than specific one holding original jurisdiction, may initially consider the matter in question
jury instructions
court’s explanation of law applicable in a case, given to jury before their deliberation begins
jury venire
entire panel from which a jury is drawn
short for VENIRE FACIAS
justiciable
an issue the court is capable to decide/question, appropriate for judicial consideration
nonjusticiable
an issue a court cannot entertain, such as political questions reserved for Congress or state legislature
landmark/benchmark decision
particularly important holding/ruling that affects large segments of society, establishes important new legal principles or changes established ones
lien
legal right/claim to specific property which attaches to property until debt is satisfied
mechanic’s lien
statutory claim created to ensure payment to contractors and suppliers on construction projects
mistrial
result of inability of a jury to reach a verdict
also declared when certain technical violations of court rules are deemed to be significant enough to threaten possible miscarriage of justice
motion in limine
motion filed by party to a lawsuit asking the court for order/ruling that limits/prevents certain evidence from being presented by other side at trial
- generally brought during pretrial hearings or beginning of trial
motion to compel
often a MOTION IN LIMINE, in form of injunction requiring a party to comply with some court ruling
nonsuit
action insufficient on its face to permit trial
on all fours - on point
cases or court decisions whose underlying facts are similar
opinion testimony
provided by expert witnesses who, on account of their special expertise, are qualified to consider hypothetical situations to aid the court’s understanding
- lay witnesses are not permitted to give opinion testimony
own recognizance, OR
defendant in criminal case who is released from custody, not by posting bond, but on promise to appear in court as required
parity
relative equality, as in status, amount, or value
pecuniary damages
money awarded in compensation for damages sustained
percipient witness
witness with firsthand knowledge of the matter, who observed the events
peremptory challenge
rejecting prospective juror without having to reveal reason why
prejudice
bias or preconceived opinion formed before evidence is fully heard
preponderance of evidence
standard for winning a civil matter
beyond a reasonable doubt
standard for conviction in criminal trial
privity of contract
contractual relationship between parties
probable cause
sufficient reason for law enforcement agents to obtain a search warrant or detain someone suspected of committing a crime
proof hearing
Trial before judge where only one side is present
after default judgment, hearing where plaintiff presents actual evidence supporting a position
punitive damages
money awarded to plaintiff above and beyond actual damages suffered
- designed to punish tortfeasor/defendant and warn others against pursuing such a course of action
rebuttal
plaintiff presents rebuttal evidence to contradict points made in defendant’s case
surrebuttal
presented by defendant to counteract plaintiff’s rebuttal
recant
formal retraction of previous statement
recidivism/recidivist
recidivist is habitual, repeat criminal
recidivism is the tendency
recuse/recusal
to disqualify
judge expected to recuse themselves when there is a conflict of interest or judge might otherwise be biased toward either side in a matter
redact
edit, revise, as in preparing a document for publication
remainderman
person to receive property after death of a life tenant
remitter
an operation of law which restores an earlier valid title, thus replacing a later defective title
remittitur
court’s order reducing amount of grossly excessive jury award
rescission
cancellation or annulment, especially of a contract
riparian
relating to water rights and access to rivers and streams
scofflaw
one who not only breaks the law, but holds it in contempt
sealed
not open to public scrutiny
- juvenile conviction records often sealed
- subsequent court order can unseal a record when appropriate
sequester
to remove or set apart, as jury during deliberations or witnesses during trial
settlement
an agreement between parties, usually one which disposes of a lawsuit
Shepardizing
legal research into the ultimate outcome of a case after appeals
Checking to see if prior opinion is still valid or has been changed by subsequent ruling
sidebar
counsel and judge discuss matters outside of the hearing of the jury
standing (to sue) doctrine
having sufficient interest in the outcome of an issue to permit filing a lawsuit or participating in an action
statutory law/positive law
law enacted by a legislature, as opposed to common law
statement - declaration
written statement of facts, generally not made under oath
- made by individuals with some personal interest in case’s outcome, not just knowledge of relevant facts
strike - stricken
to remove portion of the record from consideration by a fact-finder
- material to be struck remains physically in existence in case the ruling to strike is found, upon appeal, to be in error
suborn
to induce commission of an unlawful act, particularly to encourage perjured testimony from a witness
subpoena
formal order to appear in court
subpoena DUCES TECUM
to supply specified documents
subpoena AD TESTIFICANDUM
to come prepared to testify
summary judgment
procedure in civil cases where party is entitled to prevail as a matter of law, there being no genuine issue of material fact in dispute
- court’s decision rendered before completion of a full trial
summons
official notice served on defendant that action has been brought + ordering an appearance in court
an order in administrative proceedings (like IRS tax audit) for production of records, as by a financial institution
surplusage
irrelevant matter in a proceeding
excessive verbiage
temporary restraining order, TRO
forbids person from taking action which, if performed, may cause irreparable harm
- lasts until hearing is held on the merits of the issue
tenancy in common - joint tenancy
ownership of real property by two or more persons, each of whom has an undivided interest, whether with or without right of survivorship
tort
civil wrong
tortfeasor
defendant who is alleged or actually found to have committed such a wrong (TORT)
United States Code - U.S.C.
body of federal legislation enacted by Congress
verdict form
official form presented by a jury to a court proffering its findings
voir dire
examination of witness (especially expert witness) as to qualifications to testify on a matter
examination of prospective jurors to see if they are qualified to sit on a jury
means literally “to see” or “to say”
warrant - search
judicial permission to law enforcement agents to conduct search of premises or persons to identify evidence of possible crime
within the four corners - a document speaks for itself
actual contents of documents which require no special interpretation
writ
court order requiring that an act be performed or granting authority to perform an act
writ of certiorari
common law writ issued by a superior court to one of inferior jurisdiction demanding the record of a particular case
Shepard’s Citations
Standard reference work
Sentencing bargain
Defendant offered alternative or lighter sentence in exchange for their guilty plea
Plea bargain
Prosecutor provides concession to defendant in exchange for plea of guilt or nolo contendere
