Vocab - Legal Flashcards
(127 cards)
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