The Syd Project

The Syd ProjectThe Syd ProjectThe Syd Project
Home
Me and My Story
What is Sexual Violence?
Resources
  • Hotlines
  • Books
  • Videos
  • Websites
  • Music
  • Quotes
  • Poetry and Spoken Word
  • Worksheets and Workbooks
Reporting
  • Victim: Yourself
  • Victim: Someone Else
After Reporting
  • What Now?
  • Legal Terms/Definitions
  • Legal Process
  • Victim Rights
  • Legal Process Tips
Awareness
  • Awareness Dates
  • Statistics
  • Myths
  • ACEs
Survivor Support
  • Healing
  • Supporting Survivors
  • Survivor Encouragement
  • Sexual Health
Extras
  • Feedback
  • Acknowledgement

The Syd Project

The Syd ProjectThe Syd ProjectThe Syd Project
Home
Me and My Story
What is Sexual Violence?
Resources
  • Hotlines
  • Books
  • Videos
  • Websites
  • Music
  • Quotes
  • Poetry and Spoken Word
  • Worksheets and Workbooks
Reporting
  • Victim: Yourself
  • Victim: Someone Else
After Reporting
  • What Now?
  • Legal Terms/Definitions
  • Legal Process
  • Victim Rights
  • Legal Process Tips
Awareness
  • Awareness Dates
  • Statistics
  • Myths
  • ACEs
Survivor Support
  • Healing
  • Supporting Survivors
  • Survivor Encouragement
  • Sexual Health
Extras
  • Feedback
  • Acknowledgement
More
  • Home
  • Me and My Story
  • What is Sexual Violence?
  • Resources
    • Hotlines
    • Books
    • Videos
    • Websites
    • Music
    • Quotes
    • Poetry and Spoken Word
    • Worksheets and Workbooks
  • Reporting
    • Victim: Yourself
    • Victim: Someone Else
  • After Reporting
    • What Now?
    • Legal Terms/Definitions
    • Legal Process
    • Victim Rights
    • Legal Process Tips
  • Awareness
    • Awareness Dates
    • Statistics
    • Myths
    • ACEs
  • Survivor Support
    • Healing
    • Supporting Survivors
    • Survivor Encouragement
    • Sexual Health
  • Extras
    • Feedback
    • Acknowledgement

  • Home
  • Me and My Story
  • What is Sexual Violence?
  • Resources
    • Hotlines
    • Books
    • Videos
    • Websites
    • Music
    • Quotes
    • Poetry and Spoken Word
    • Worksheets and Workbooks
  • Reporting
    • Victim: Yourself
    • Victim: Someone Else
  • After Reporting
    • What Now?
    • Legal Terms/Definitions
    • Legal Process
    • Victim Rights
    • Legal Process Tips
  • Awareness
    • Awareness Dates
    • Statistics
    • Myths
    • ACEs
  • Survivor Support
    • Healing
    • Supporting Survivors
    • Survivor Encouragement
    • Sexual Health
  • Extras
    • Feedback
    • Acknowledgement

Legal terms and definitions

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. 

Legal Terms and Definitions

Acquittal

Admissible

Admissible

"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."

Admissible

Admissible

Admissible

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

Affidavit

Admissible

Affidavit

"A written or printed statement made under oath." 

Affirmed

Alternative Dispute Resolution (ADR)

Affidavit

"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."

Alternative Dispute Resolution (ADR)

Alternative Dispute Resolution (ADR)

Alternative Dispute Resolution (ADR)

"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."

Appeal

Alternative Dispute Resolution (ADR)

Alternative Dispute Resolution (ADR)

"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.'"

Arraignment

Arraignment

Arraignment

"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."

Assets

Arraignment

Arraignment

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

Bail

Arraignment

Bench Trial

"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." 

Bench Trial

Burden of Proof

Bench Trial

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

Brief

Burden of Proof

Burden of Proof

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

Burden of Proof

Burden of Proof

Burden of Proof

"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.)"

Capital Offense

Capital Offense

Capital Offense

"A crime punishable by death."

Case File

Capital Offense

Capital Offense

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

Chambers

Capital Offense

Collateral

"The offices of a judge and his or her staff." 

Collateral

Collateral

Collateral

"Property that is promised as security for the satisfaction of a debt."

Common Law

Collateral

Common Law

"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."

Complaint

Collateral

Common Law

"A written statement that begins a civil lawsuit, in which the plaintiff details the claims against the defendant."

Concurrent Sentence

Consecutive Sentence

Consecutive Sentence

"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."

Consecutive Sentence

Consecutive Sentence

Consecutive Sentence

"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."

Contract

Consecutive Sentence

Conviction

"An agreement between two or more people that creates an obligation to do or not to do a particular thing."

Conviction

Conviction

Conviction

"A judgment of guilt against a criminal defendant."

De facto

Conviction

De facto

"Latin, meaning "in fact" or "actually." Something that exists in fact but not as a matter of law."

De jure

Conviction

De facto

"Latin, meaning "in law." Something that exists by operation of law."

De novo

Default Judgement

Default Judgement

"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."

Default Judgement

Default Judgement

Default Judgement

"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."

Defendant

Default Judgement

Dismissal WITH Prejudice

"The person or organization against whom the plaintiff brings suit; in a criminal case, the person accused of the crime."

Dismissal WITH Prejudice

Dismissal WITHOUT Prejudice

Dismissal WITH Prejudice

"Court action that prevents an identical lawsuit from being filed later."

Dismissal WITHOUT Prejudice

Dismissal WITHOUT Prejudice

Dismissal WITHOUT Prejudice

"Court action that allows the later filing."

Docket

Dismissal WITHOUT Prejudice

Dismissal WITHOUT Prejudice

"A log containing the complete history of each case in the form of brief chronological entries summarizing the court proceedings."

Due Process

Due Process

Due Process

"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."

Evidence

Due Process

Due Process

"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."

Ex Parte

Due Process

Exclusionary Rule

"A proceeding brought before a court by one party only, without notice to or challenge by the other side."

Exclusionary Rule

Federal Public Defender

Exclusionary Rule

"Doctrine that says evidence obtained in violation of a criminal defendant's constitutional or statutory rights is not admissible at trial."

Exculpatory Evidence

Federal Public Defender

Federal Public Defender

"Evidence indicating that a defendant did not commit the crime."

Federal Public Defender

Federal Public Defender

Federal Public Defender

"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."

Felony

Habeas Corpus

Grand Jury

"A serious crime, usually punishable by at least one year in prison."

Grand Jury

Habeas Corpus

Grand Jury

"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."

Habeas Corpus

Habeas Corpus

Habeas Corpus

"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."

Hearsay

In forma pauperis

Habeas Corpus

"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."

Home Confinement

In forma pauperis

In forma pauperis

"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 forma pauperis

In forma pauperis

In forma pauperis

"'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."

Inculpatory Evidence

Inculpatory Evidence

Inculpatory Evidence

"Evidence indicating that a defendant did commit the crime."

Indictment

Inculpatory Evidence

Inculpatory Evidence

"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."

Injunction

Inculpatory Evidence

Interrogatories

"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."

Interrogatories

Joint Administration

Interrogatories

"A form of discovery consisting of written questions to be answered in writing and under oath."

Issue

Joint Administration

Joint Administration

"1. The disputed point between parties in a lawsuit; 2. To send out officially, as in a court issuing an order."

Joint Administration

Joint Administration

Joint Administration

"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.)"

Judge

Jurisdiction

Judgement

"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."

Judgement

Jurisdiction

Judgement

"The official decision of a court finally resolving the dispute between the parties to the lawsuit."

Jurisdiction

Jurisdiction

Jurisdiction

"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." 

Jury

Jury Instructions

Jurisdiction

"The group of persons selected to hear the evidence in a trial and render a verdict on matters of fact. See also grand jury."

Jury Instructions

Jury Instructions

Jury Instructions

"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."

Lawsuit

Jury Instructions

Jury Instructions

"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."

Litigation

Magistrate Judge

Magistrate Judge

"A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants."

Magistrate Judge

Magistrate Judge

Magistrate Judge

"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."

Misdemeanor

Magistrate Judge

Misdemeanor

"An offense punishable by one year of imprisonment or less. See also felony."

Mistrial

Mistrial

Misdemeanor

An invalid trial, caused by fundamental error. When a mistrial is declared, the trial must start again with the selection of a new jury.  

Moot

Mistrial

Motion

Not subject to a court ruling because the controversy has not actually arisen, or has ended.

Motion

Mistrial

Motion

A request by a litigant to a judge for a decision on an issue relating to the case.  

Nolo Contendere

Nolo Contendere

Nolo Contendere

"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."

Oral Argument

Nolo Contendere

Nolo Contendere

"An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions."

Panel

Nolo Contendere

Parole

"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."

Parole

Peremptory Challenge

Parole

"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."

Per curiam

Peremptory Challenge

Peremptory Challenge

"Latin, meaning "for the court." In appellate courts, often refers to an unsigned opinion."  

Peremptory Challenge

Peremptory Challenge

Peremptory Challenge

"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."

Petit Jury/Trial Jury

Petit Jury/Trial Jury

Petit Jury/Trial Jury

"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." 

Petty Offense

Petit Jury/Trial Jury

Petit Jury/Trial Jury

"A federal misdemeanor punishable by six months or less in prison."

Plaintiff

Petit Jury/Trial Jury

Plaintiff

"A person or business that files a formal complaint with the court."

Plea

Pleadings

Plaintiff

"In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges. See also nolo contendere." 

Pleadings

Pleadings

Pleadings

"Written statements filed with the court that describe a party's legal or factual assertions about the case."

Precedent

Pleadings

Pleadings

"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."

Presentence Report

Pretrial Conference

Pretrial Conference

"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." 

Pretrial Conference

Pretrial Conference

Pretrial Conference

"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."

Pro se

Pretrial Conference

Pro tem

"Representing oneself. Serving as one's own lawyer."

Pro tem

Probation

Pro tem

"Temporary."

Probation

Probation

Probation

"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."

Prosecute

Probation

Probation

T"he rules for conducting a lawsuit; there are rules of civil procedure, criminal procedure, evidence, bankruptcy, and appellate procedure."

Record

Reverse

Record

"A written account of the proceedings in a case, including all pleadings, evidence, and exhibits submitted in the course of the case." 

Remand

Reverse

Record

"Send back."

Reverse

Reverse

Sanction

"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."

Sanction

Sentencing Guidelines

Sanction

"A penalty or other type of enforcement used to bring about compliance with the law or with rules and regulations."

Sentence

Sentencing Guidelines

Sentencing Guidelines

"The punishment ordered by a court for a defendant convicted of a crime."

Sentencing Guidelines

Sentencing Guidelines

Sentencing Guidelines

"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."

Service of Process

Service of Process

Service of Process

"The delivery of writs or summonses to the appropriate party."

Settlement

Service of Process

Service of Process

"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." 

Standard of Proof

Service of Process

Standard of Proof

"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."

Statute

Temporary Restraining Order (TRO)

Standard of Proof

"A law passed by a legislature."

Subpoena

Temporary Restraining Order (TRO)

Temporary Restraining Order (TRO)

"A command, issued under a court's authority, to a witness to appear and give testimony."

Temporary Restraining Order (TRO)

Temporary Restraining Order (TRO)

Temporary Restraining Order (TRO)

"Akin to a preliminary injunction, it is a judge's short-term order forbidding certain actions until a full hearing can be conducted."

Testimony

Testimony

Testimony

"Evidence presented orally by witnesses during trials or before grand juries."

Uphold

Testimony

Testimony

"The appellate court agrees with the lower court decision and allows it to stand. See affirmed."

Verdict

Testimony

Voir dire

"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."

Voir dire

Voir dire

Voir dire

"Jury selection process of questioning prospective jurors, to ascertain their qualifications and determine any basis for challenge."

Warrant

Voir dire

Warrant

"Court authorization, most often for law enforcement officers, to conduct a search or make an arrest."

Witness

Voir dire

Warrant

"A person called upon by either side in a lawsuit to give testimony before the court or jury."

The Syd Project Est. 2022

  • Me and My Story
  • What is Sexual Violence?
  • Hotlines
  • Books
  • Videos
  • Websites
  • Music
  • Quotes
  • Worksheets and Workbooks
  • Victim: Yourself
  • Victim: Someone Else
  • What Now?
  • Legal Terms/Definitions
  • Legal Process
  • Victim Rights
  • Legal Process Tips
  • Awareness Dates
  • Statistics
  • Myths
  • Healing
  • Supporting Survivors
  • Survivor Encouragement
  • Sexual Health
  • Feedback
  • Acknowledgement

Powered by GoDaddy

This website uses cookies.

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.

Accept