Because of the complexity of the legal system, there are an abundance of legal terms. Below are some of the more common terms that may be encountered along your journey. Along with each term is its definition. For a more in-depth look at legal terms, access this link. All terms and definitions on this page are from the linked website. Please note that the terms on both sites are arranged in alphabetical order.
"A jury verdict that a criminal defendant is not guilty, or the finding of a judge that the evidence is insufficient to support a conviction."
"A term used to describe evidence that may be considered by a jury or judge in civil and criminal cases."
"A written or printed statement made under oath."
"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 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."
"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.'"
"A proceeding in which a criminal defendant is brought into court, told of the charges in an indictment or other information, and asked to plead guilty or not guilty."
"Property of all kinds, including real and personal, tangible and intangible."
"The release, prior to trial, of a person accused of a crime, under specified conditions designed to assure that person's appearance in court when required. Also can refer to the amount of bond money posted as a financial condition of pretrial release."
"A trial without a jury, in which the judge serves as the fact-finder."
"A written statement submitted in a trial or appellate proceeding that explains one side's legal and factual arguments."
"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.)"
"A crime punishable by death."
"A complete collection of every document filed in court in a case."
"The offices of a judge and his or her staff."
"Property that is promised as security for the satisfaction of a debt."
"The legal system that originated in England and is now in use in the United States, which relies on the articulation of legal principles in a historical succession of judicial decisions. Common law principles can be changed by legislation."
"A written statement that begins a civil lawsuit, in which the plaintiff details the claims against the defendant."
"Prison terms for two or more offenses to be served at the same time, rather than one after the other. Example: Two five-year sentences and one three-year sentence, if served concurrently, result in a maximum of five years behind bars."
"Prison terms for two or more offenses to be served one after the other. Example: Two five-year sentences and one three-year sentence, if served consecutively, result in a maximum of 13 years behind bars."
"An agreement between two or more people that creates an obligation to do or not to do a particular thing."
"A judgment of guilt against a criminal defendant."
"Latin, meaning "in fact" or "actually." Something that exists in fact but not as a matter of law."
"Latin, meaning "in law." Something that exists by operation of law."
"Latin, meaning "anew." A trial de novo is a completely new trial. Appellate review de novo implies no deference to the trial judge's ruling."
"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."
"The person or organization against whom the plaintiff brings suit; in a criminal case, the person accused of the crime."
"Court action that prevents an identical lawsuit from being filed later."
"Court action that allows the later filing."
"A log containing the complete history of each case in the form of brief chronological entries summarizing the court proceedings."
"In criminal law, the constitutional guarantee that a defendant will receive a fair and impartial trial. In civil law, the legal rights of someone who confronts an adverse action threatening liberty or property."
"Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case in favor of one side or the other."
"A proceeding brought before a court by one party only, without notice to or challenge by the other side."
"Doctrine that says evidence obtained in violation of a criminal defendant's constitutional or statutory rights is not admissible at trial."
"Evidence indicating that a defendant did not commit the crime."
"An attorney employed by the federal courts on a full-time basis to provide legal defense to defendants who are unable to afford counsel. The judiciary administers the federal defender program pursuant to the Criminal Justice Act."
"A serious crime, usually punishable by at least one year in prison."
"A 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."
"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. Federal judges receive petitions for a writ of habeas corpus from state prison inmates who say their state prosecutions violated federally protected rights in some way."
"Evidence presented by a 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."
"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. Home confinement may include the use of electronic monitoring equipment – a transmitter attached to the wrist or the ankle – to help ensure that the person stays at home as required."
"'In the manner of a pauper.' Permission given by the court to a person to file a case without payment of the required court fees because the person cannot pay them."
"Evidence indicating that a defendant did commit the crime."
"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. See also information."
"A court order preventing one or more named parties from taking some action. A preliminary injunction often is issued to allow fact-finding, so a judge can determine whether a permanent injunction is justified."
"A form of discovery consisting of written questions to be answered in writing and under oath."
"1. The disputed point between parties in a lawsuit; 2. To send out officially, as in a court issuing an order."
"A court-approved mechanism under which two or more cases can be administered together. (Assuming no conflicts of interest, these separate businesses or individuals can pool their resources, hire the same professionals, etc.)"
"An official of the Judicial branch with authority to decide lawsuits brought before courts. Used generically, the term judge may also refer to all judicial officers, including Supreme Court justices."
"The official decision of a court finally resolving the dispute between the parties to the lawsuit."
"The legal authority of a court to hear and decide a certain type of case. It also is used as a synonym for venue, meaning the geographic area over which the court has territorial jurisdiction to decide cases."
"The group of persons selected to hear the evidence in a trial and render a verdict on matters of fact. See also grand jury."
"A judge's directions to the jury before it begins deliberations regarding the factual questions it must answer and the legal rules that it must apply."
"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."
"A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants."
"A judicial officer of a district court who conducts initial proceedings in criminal cases, decides criminal misdemeanor cases, conducts many pretrial civil and criminal matters on behalf of district judges, and decides civil cases with the consent of the parties."
"An offense punishable by one year of imprisonment or less. See also felony."
An invalid trial, caused by fundamental error. When a mistrial is declared, the trial must start again with the selection of a new jury.
Not subject to a court ruling because the controversy has not actually arisen, or has ended.
A request by a litigant to a judge for a decision on an issue relating to the case.
"No contest. A plea of nolo contendere has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose."
"An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions."
"1. In appellate cases, a group of judges (usually three) assigned to decide the case; 2. In the jury selection process, the group of potential jurors; 3. The list of attorneys who are both available and qualified to serve as court-appointed counsel for criminal defendants who cannot afford their own counsel."
"The release of a prison inmate – granted by the U.S. Parole Commission – after the inmate has completed part of his or her sentence in a federal prison. When the parolee is released to the community, he or she is placed under the supervision of a U.S. probation officer."
"Latin, meaning "for the court." In appellate courts, often refers to an unsigned opinion."
"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 or giving a reason."
"A group of citizens who hear the evidence presented by both sides at trial and determine the facts in dispute. Federal criminal juries consist of 12 persons. Federal civil juries consist of at least six persons."
"A federal misdemeanor punishable by six months or less in prison."
"A person or business that files a formal complaint with the court."
"In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges. See also nolo contendere."
"Written statements filed with the court that describe a party's legal or factual assertions about the case."
"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" - meaning that they use the principles established in earlier cases to decide new cases that have similar facts and raise similar legal issues. A judge will disregard precedent if a party can show that the earlier case was wrongly decided, or that it differed in some significant way from the current case."
"A report prepared by a court's probation officer, after a person has been convicted of an offense, summarizing for the court the background information needed to determine the appropriate sentence."
"A meeting of the judge and lawyers to plan the trial, to discuss which matters should be presented to the jury, to review proposed evidence and witnesses, and to set a trial schedule. Typically, the judge and the parties also discuss the possibility of settlement of the case."
"Representing oneself. Serving as one's own lawyer."
"Temporary."
"Sentencing option in the federal courts. With probation, instead of sending an individual to prison, the court releases the person to the community and orders him or her to complete a period of supervision monitored by a U.S. probation officer and to abide by certain conditions."
T"he rules for conducting a lawsuit; there are rules of civil procedure, criminal procedure, evidence, bankruptcy, and appellate procedure."
"A written account of the proceedings in a case, including all pleadings, evidence, and exhibits submitted in the course of the case."
"Send back."
"The act of a court setting aside the decision of a lower court. A reversal is often accompanied by a remand to the lower court for further proceedings."
"A penalty or other type of enforcement used to bring about compliance with the law or with rules and regulations."
"The punishment ordered by a court for a defendant convicted of a crime."
"A set of rules and principles established by the United States Sentencing Commission that trial judges use to determine the sentence for a convicted defendant."
"The delivery of writs or summonses to the appropriate party."
"Parties to a lawsuit resolve their dispute without having a trial. Settlements often involve the payment of compensation by one party in at least partial satisfaction of the other party's claims, but usually do not include the admission of fault."
"Degree of proof required. In criminal cases, prosecutors must prove a defendant's guilt "beyond a reasonable doubt." The majority of civil lawsuits require proof "by a preponderance of the evidence" (50 percent plus), but in some the standard is higher and requires "clear and convincing" proof."
"A law passed by a legislature."
"A command, issued under a court's authority, to a witness to appear and give testimony."
"Akin to a preliminary injunction, it is a judge's short-term order forbidding certain actions until a full hearing can be conducted."
"Evidence presented orally by witnesses during trials or before grand juries."
"The appellate court agrees with the lower court decision and allows it to stand. See affirmed."
"The decision of a trial jury or a judge that determines the guilt or innocence of a criminal defendant, or that determines the final outcome of a civil case."
"Jury selection process of questioning prospective jurors, to ascertain their qualifications and determine any basis for challenge."
"Court authorization, most often for law enforcement officers, to conduct a search or make an arrest."
"A person called upon by either side in a lawsuit to give testimony before the court or jury."
The Syd Project Est. 2022
Powered by GoDaddy
We use cookies to analyze website traffic and optimize your website experience. By accepting our use of cookies, your data will be aggregated with all other user data.