GLOSSARY OF LEGAL TERMS

Oftentimes, people don't understand their legal situation because they don't understand some of the legal terminology. To help these people to better understand these terms, we have included many of the most common legal terms and their definitions in this list.

A B C D E F G H I J K L M N

O P Q R S T U V W X Y Z

A

ACQUITTAL -- A verdict after a trial that a defendant in a criminal case has not been proven guilty beyond a reasonable doubt of the crime charged.

ADJUDICATION -- Giving or pronouncing a judgment or decree.

ADMISSIBLE -- Evidence which can be legally and properly introduced in a civil or criminal trial.

ADVERSARY PROCEEDING -- One having opposing parties; contested.

ADVERSARY SYSTEM --The trial methods used in the U.S. and some other countries, based on the belief that truth can best the determined by giving opposing parties full opportunity to present and establish their evidence, and to test by cross-examination the evidence presented by their adversaries, under established rules of procedure before an impartial judge and/or jury.

AFFIDAVIT -- A written statement of fact given voluntarily and under oath.

ANSWER -- The defendant's response to the plaintiff's allegations as stated in a complaint. An item-by-item, paragraph-by-paragraph response to points made in a complaint; part of the pleading.

APPEAL -- A request by the losing party in a lawsuit that the judgment be reviewed by a higher court.

APPEARANCE -- coming into court; the formal act by which a defendant submits to the jurisdiction of a court.

APPELLANT -- The party who initiates an appeal. Sometime called a petitioner.

APPELLATE COURT -- A court having jurisdiction to hear appeals and review a trial court's procedure.

APPELLEE -- The party against whom an appeal is taken. Sometimes called a respondent.

ARBITRATION -- A form of alternative dispute resolution, in which the parties bring their dispute to a neutral third party and agree to abide by his or her decision. In arbitration there is a hearing at which both parties have an opportunity to be heard.

ARRAIGNMENT -- In a criminal case, the proceeding in which an accused person is brought before a judge to hear the charges filed against him or her and to enter a plea of guilty or not guilty. sometimes called a preliminary hearing or initial appearance.

ARREST -- To take into custody by legal authority.

ASSAULT -- Threat to inflict injury with an apparent ability to do so. Also, any intentional display of force which would give the victim reason to fear or expect immediate bodily harm.

ATTACHMENT -- A proceeding in which a creditor secures rights to real or personal property and holds it pending the outcome of a lawsuit.
ATTORNEY-AT-LAW -- An advocate, counsel or official agent employed in preparing, managing, and trying cases in the courts. An officer in a court of justice, who is employed by a party in a cause to manage it for him or her.

ATTORNEY OF RECORD -- The principal attorney in a lawsuit who signs all formal documents relating to the suit

B

BAIL -- Money or other security (such as bail bond) given to secure a person's release from custody, which is at risk should he or she subsequently fail to appear before the court.

BAIL BOND -- Often referred to as bond--the obligation, signed by the accused to secure his or her presence at trial, which he or she may lose by not properly appearing of trial.

BAILIFF -- A court attendant who keeps order in the courtroom and has custody of the jury.

BAR -- Historically, the participation separating the general public for the space occupied by the judges, lawyers and other participants in a trial. More commonly, the term means the whole body of lawyers.

BATTERY -- A beating, or wrongful physical violence. The actual threat to use force is an assault; the sue of it is battery, which usually includes an assault.

BEYOND A REASONABLE DOUBT -- The standard in a criminal case requiring that the jury be satisfied to a moral certainty that ever element of the crime has been proven by the prosecution. This standard of proof does not require that the state establish absolute certainty by eliminating all doubt, but it does require that the evidence be so conclusive that all reasonable doubts are removed from the mind of the ordinary person.

BOOKING -- The process of photographing, fingerprinting, and recording identifying data of a suspect following arrest.

BREACH OF CONTRACT -- A legally inexcusable failure to perform a contractual obligation.

BRIEF -- A written statement prepared by one side in a lawsuit to explain to the court its view of the facts of a case and the applicable law.

BURDEN OF PROOF -- In the law of evidence, the necessity or duty of affirmatively proving a fact of facts in dispute on an issue raised between the parties in a lawsuit. the responsibility of proving a point--the burden of proof--is not the same as the standard of proof. "Burden of proof" deals with which side must establish a point or points; "standard of proof" indicates the degree to which the point must be proven.

C

CAPITAL CRIME -- A crime punishable by death.

CASE LAW -- Law based on previous decisions of appellate courts, particularly the Supreme Court.

CERTIORARI -- A means of getting an appellate court to review a lower court's decision. The loser of a case will often ask the appellate court to issue of writ of certiorari, which orders the lower court to convey the record of the case to the appellate court and to certify it as accurate and complete.

CHALLENGE -- An objection, such as when an attorney objects at a voir dire hearing to the seating of a particular person on a jury, civil or criminal.

CHALLENGE FOR CAUSE -- Objection to the seating of a particular juror for a stated reason; the judge has discretion to deny the challenge.

CHAMBERS -- A judge's private office. A hearing in chambers takes place in the judge's office outside of the presence of the jury and the public.

CHANGE OF VENUE -- Moving a lawsuit to another place for trial, often because pretrial publicity makes it difficult to empanel an impartial jury.

CHARGE TO THE JURY -- The judge's instruction to the jury concerning the law which applies to the facts of the case.

CIRCUMSTANTIAL EVIDENCE -- Evidence which merely suggests something by implication. Circumstantial evidence is indirect, as opposed to eyewitness testimony, which is direct.

CIVIL ACTIONS -- Non-criminal cases in which one private individual or business sues another for redress of private or civil rights.

CLASS ACTION -- A lawsuit brought by one or more persons on behalf of a larger group.

COMMON LAW -- Law arising from tradition and judicial decisions, rather than from laws passed by the legislature. The common law originated in England and has been followed as the law in most American jurisdictions. It is also called case law.

COMPLAINT -- The legal document that usually begins a civil lawsuit. It states the facts and identifies the action the court is asked to take.

CONCURRING OPINION -- An appellate court opinion by one or more judges that agrees with part but not all of the majority opinion in the case.

CONSERVATORSHIP -- Legal right given to a person to manage the property and financial affairs of a person deemed incapable of doing that for him or herself.

CONTEMPT OF COURT -- Willful disobedience of a judge's command or of an official court order.

CONTRACT -- A legally enforceable agreement between two or more competent parties made either orally or in writing.

COUNTERCLAIM -- A claim made by the defendant in a civil lawsuit against the plaintiff--in essence, a counter lawsuit within a lawsuit.

COURT COSTS -- The expenses of prosecuting or defending a lawsuit other than attorney's fees. An amount of money may be awarded to the successful party (and revocable from the losing party) as reimbursement for court costs.

CROSS-EXAMINATION -- The questioning of a witness produced by the other side.

D

DAMAGES -- Money awarded by a court to a person injured by the unlawful act or negligence of another person.

DECISION -- The judgment reached or given by a court of law.

DECREE -- An order of the court. A final decree is one which fully and finally disposes of the litigation; an interlocutory decree is a preliminary order that often disposes of only part of a lawsuit.

DEFAULT -- A failure to respond to a lawsuit within the specified time. When a defendant does not respond in a timely fashion or does not appear at the trial, a "default judgment" is entered against him or her.

DEPOSITION -- The testimony of a witness taken under oath in preparation for a trial.

DIRECT EXAMINATION -- The first questioning of witnesses by the party on whose behalf they are called.

DISCOVERY -- The pretrial process by which one party discovers the evidence that will be relied upon at trail by the opposing party.

DISSENT -- An appellate court opinion setting forth the minority view and outlining the disagreement of one or more judges with the decision of the majority.

DOUBLE JEOPARDY -- Putting a person on trial more than once for the same crime; forbidden by the Fifth Amendment to the U.S. Constitution.

DUE PROCESS OF LAW -- The right of all persons to receive the guarantees and safeguards of the law and the judicial process. Includes such constitutional requirements as adequate notice, assistance of counsel, and the rights to remain silent, to a speedy and public trial, to an impartial jury, and to confront and secure witnesses.

EQUAL PROTECTION OF THE LAW -- The guarantee in the fourteenth Amendment to the U.S. Constitution that all person be treated equally by the law. Court decisions have established that this guarantee requires that courts be open to all persons on the same conditions; that persons be subject to no restrictions in the acquisition of property, and the pursuit of happiness, which do not generally affect others; that persons are liable to no other or greater burdens than such are laid upon others; and that no different or greater punishment is enforced against them for a violation of the laws.

EX PARTE -- On behalf of only one party, without notice to any other party. For example, a request for a search warrant is an exparte proceeding, since the person subject to the search is not notified of the preceding and is not present during the hearing.

EXCLUSIONARY RULE -- he rule preventing illegally obtained evidence to be sued in any trial

F

FELONY -- A crime of graver nature than a misdemeanor, usually punishable by imprisonment in a penitentiary for more than a year and/or substantial fines.

G

GRAND JURY -- A group of citizens, usually numbering 23, who are assembled in secret to hear or investigate allegations of criminal behavior. A grand jury has authority to conduct criminal investigations and to charge a crime by indictment; also may have power to issue a report, or presentment, without charging a crime.

H

HABEAS CORPUS -- A writ that commands that a person be brought before a judge. Most commonly, a writ of habeas corpus is a legal document that forces law enforcement authorities to produce a prisoner they are holding and to legally justify his or her detention.

HARMLESS ERROR -- An error committed during a trial which was corrected or was not serious enough to affect the outcome of a trial, and therefore was not sufficiently harmful to be reversed on appeal.

HEARSAY -- Evidence that is not within the personal knowledge of the witness but was relayed to the witness by a third party. Hearsay evidence generally is not admissible in court, although there are many exceptions under which it can be admitted.

HUNG JURY -- A jury that cannot reach a verdict.

I

INADMISSIBLE -- That which under the rules of evidence cannot be admitted or received as evidence.

INDICTMENT -- An accusation by a grand jury charging a person with a crime.

INJUNCTION -- A preventive measure by which a court orders a party to refrain from doing a particular act. A preliminary injunction is granted provisionally, until a full hearing can be held to determine if it should be made permanent.

INSTRUCTIONS -- Also called charge--judge's direction to the jury regarding the law in the case and it authority to determine the facts and to draw inferences from the facts in order to reach a verdict

INTERROGATORIES -- Written questions asked by one party of an adverse party for which written answers must be provided.

J

JUDGMENT -- The final disposition of a lawsuit. Default judgment is a judgment rendered because of the defendant's failure to answer or appear. Summary judgment is judgment given on the basis of pleading, affidavits, and exhibits presented for the record without any need for a trail. It is use when there is not dispute as to the facts of the case and one party is entitled to judgment as a matter a law. consent judgment occurs when provisions and terms of the judgment are agreed on by the parties and submitted to the court for its sanction and approval. A judgment n.o.v. is a judgment notwithstanding the verdict; it is a judge's decision to decide a case contrary to the verdict of the jury.

JUDICIAL REVIEW -- Authority of a court to review the official actions of other branches of government; also, authority to declare unconstitutional the actions of other branches.

JURISDICTION -- The nature and scope of a court's authority to hear and/or decide a case. Also, the territory from which a court is authorized to hear cases.

JURY -- A certain number of persons selected according to law and sworn to inquire into matters of fact and declare the truth about matters laid before them. A petitjury is an ordinary or trial jury, composed of six to twelve persons, which hears either civil or criminal cases.

(See also GRAND JURY)

L

LIEN -- A legal claim against another person's property as security for a debt. A lien does not convey ownership of the property, but gives the lienholder a right to have his or her debt satisfied out of the proceeds of the property if the debt is not otherwise paid.

LITIGANT -- A party to a lawsuit.

LITIGATION -- A case, controversy or lawsuit.

M

MAGISTRATE -- Judicial officer exercising some of the functions of a judge; also, refers in general way to a judge, as in the phrase "neutral magistrate."

MANSLAUGHTER -- The unlawful killing of another without intent to kill; either voluntary--upon sudden impulse, i.e., a quarrel erupts into a fist-fight in which one of the participants is killed; or involuntary--during the commission of an unlawful act not ordinarily expected to result in great bodily harm, or during the commission of a lawful act without proper caution, i.e., driving an automobile at an excessive speed resulting in a fatal collision.

MEDIATION -- A form of alternative dispute resolution, in which the parties bring their dispute to a neutral third party, who helps them agree on a settlement.

MIRANDA WARNING -- Requirement that police tell a suspect in their custody of his or her constitutional rights before they question him/her, so named as a result of the Miranda v. Arizona ruling establishing such requirements.

MISDEMEANOR -- Criminal offenses considered less serious than felonies. Misdemeanors generally are punishable by a fine or a limited local jail term, but not by imprisonment in a state penitentiary.

MISTRIAL -- A trial which is terminated before a verdict is reached, either because of some extraordinary circumstance, because of fundamental error prejudicial to the defendant, or because of a hung jury.

N

NEGLIGENCE -- Failure to exercise that degree of care which a reasonable person would exercise under the same circumstance.

NOLO CONTENDER -- A plea of no contest. In many jurisdictions, it is an expression that the matter will not be contested, but without an admission of guilt. In other jurisdictions, it is an admission of the charges and is equivalent to a guilty plea.

O

OBJECTION -- The process by which one party takes exception to some statement or procedure. An objection is either sustained or overruled by a judge.

OPINION -- The written decision of an appellate court. The majority or plurality opinion expresses the court's decision. (See also concurring opinion and dissenting opinion.)

ORDER -- A written or oral command from a court directing or forbidding action.

ORDINANCE -- A local law adopted by a municipality.

OVERRULE -- Judge's decision not to allow an objection; also, decision of a higher court finding that a lower court decision was in error.

P

PARDON -- A form of executive clemency, preventing criminal prosecution or removing or extinguishing a criminal conviction.

PAROLE -- The supervised conditional release of a prisoner before the expiration of his or her sentence. If the parolee observes the conditions, he or she need not serve the rest of his or her term.

PARTY -- A person, business, or government agency actively involved in the prosecution or defense of a legal proceeding.

PEREMPTORY CHALLENGE -- A challenge which may be used to reject a certain number of prospective jurors without giving a reason. Differs from challenge for cause.

PERJURY -- The criminal offense of making a false statement under oath.

PERMANENT INJUNCTION -- Court order requiring that some action be take, or that some party refrain from taking action.

PLEA -- In a criminal proceeding, it is the defendant's declaration in open court that he or she is guilty or not guilty--the defendant's answer to the charges made in the indictment or information.

PLEA BARGAINING -- The process through which an accused person and a prosecutor negotiate a mutually satisfactory disposition of a case. Usually it is a legal transaction in which a defendant pleads guilty in exchange for some form of leniency. It often involves a guilty plea to a lesser charge or involves a guilty plea to some of the charges if other charges are dropped.

PLEADINGS -- The written statements of fact and law filed by the parties to a lawsuit.

POLLING THE JURY -- The act, after a jury verdict has been announced, of asking jurors individually whether they agree with the verdict.

PRELIMINARY HEARING -- In criminal law, the hearing at which a judge determines whether there is sufficient evidence against a person charged with a crime to warrant holding him or her for trial. The Constitution bans secret accusations, so preliminary hearings are public unless the defendant asks otherwise; the accused must be present, accompanied by legal counsel.

PREPONDERANCE OF THE EVIDENCE -- Greater weight of the evidence, the common standard of proof in civil cases.

PRE-TRIAL CONFERENCES -- A meeting between the judge and the lawyers involved in a lawsuit to narrow the issues in the suit, agree on what will be presented at the trial, and make a final effort to settle the case without a trial.

PRIMA FACIE CASE -- A case that is sufficient--that is, that has the minimum amount of evidence necessary to allow it to continue in the judicial process.

PROBABLE CAUSE -- Sufficient legal reasons for allowing the search and seizure or the arrest of a person.

PROBATE -- The process of proving that a will is valid and should be carried out. Also refers more generally to the law governing estates.

PROBATION -- An Alternative to imprisonment allowing a person found guilty of an offense to stay in the community, usually under conditions and under the supervision of a probation officer. A violation of probation can lead to its revocation and to imprisonment.

PROSECUTOR -- A trial lawyer representing the government in a criminal case.

Q

QUASH --To vacate or void a summons, subpoena, etc.

R

REBUTTAL -- Evidence disproving other evidence previously given or reestablishing the credibility of challenged evidence.

REMAND -- To send a dispute back to the court where it was originally heard. Usually it is an appellate court the remands a case for proceedings in the trial court consistent with the appellate court's ruling.

REMEDY -- Legal or judicial means by which right or privilege is prevented, redressed or compensated.

REMOVAL -- The transfer of a state case to deferral court for trial; in civil cases, because the parties are from different states; in criminal and some civil cases, because there is a significant possibility that there could not be a fair trial in a state court.

S

SEARCH WARRANT -- A written order issued by a judge that directs a law enforcement officer to search a spec specific area for a specific piece of evidence.

SELF-DEFENSE -- Claim that an act otherwise criminal was legally justifiable because it was necessary to protect a person or property from the threat or action of another.

SELF-INCRIMINATION -- The constitutional right of people to refuse to give testimony against themselves that could subject them to criminal prosecution. The right is guaranteed in the Fifth Amendment to the U.S. Constitution.

SENTENCE -- A court's determination of the punishment to be inflicted on a person convicted of a crime.

SENTENCING REPORT -- Document containing background material on a convicted person, prepared to guide the judge in the imposition of a sentence.

SEQUESTRATION -- Keeping all of the jurors together during a trial to prevent them from being influenced by information received outside the courtroom. Sequestered jurors are usually housed in a hotel, have their meals together, and are given edited copies of newspapers and magazines, all in an attempt to keep them free from outside influences.

SEQUESTRATION OF WITNESSES -- Keeping all the witnesses (except plaintiff and defendant) out of the courtroom except for their time on the stand, and admonishing them not to discuss their testimony with other witnesses.

SERVICE -- The delivery of a legal document, such as a complaint, summons or subpoena notifying a person of a lawsuit or other legal action taken against him or her. Service, which constitutes formal legal notice, must be made by an officially authorized person in accordance with the formal requirements of the applicable laws.

SETTLEMENT -- An agreement between the parties disposing of a lawsuit.

SMALL CLAIMS COURT -- A court that handles civil claims for small amounts of money. People often represent themselves rather than hire an attorney.

STATUTE OF LIMITATIONS -- The time within which a lawsuit must be brought. There are different statutes of limitations for different kinds of lawsuits.

STIPULATIONS -- An agreement by attorneys on both sides of a case about some aspect of a lawsuit, i.d., to extend the time to answer, to adjourn a trial date, etc.

STRIKE -- Highlighting in the record of a case evidence that has been improperly offered and will not be relied upon.

SUBPOENA -- S court order compelling a witness to appear and testify.

SUMMONS -- A notice to a defendant that he or she has been sued and is required to appear in court. A jury summons requires that the person receiving it report for possible jury duty.

T

TEMPORARY RESTRAINING ORDER -- A judge's order forbidding certain actions until a full hearing can be held. Usually of short duration. Often referred to as a T.R.O.

TESTIMONY -- Evidence given by a witness under oath; does not include evidence form documents and other physical evidence.

TORT -- An injury or wrong committed on the person or property of another. A tort is an infringement of the rights of an individual, but not founded on a contract. The most common tort action is a suit for damages sustained in an automobile accident.

TRANSCRIPT -- The official record of all of the testimony and events that occur during a trial or hearing.

V

VACATE -- To set aside.

VERDICT -- Conclusion, as to fact or law, that forms the basis for the court's judgment. A General verdict is a jury's finding for or against a plaintiff after determining the facts and weighing them according to the judge's instructions regarding the law.

VENIRE -- A writ summoning persons to court to act as jurors. More popularly, therm is used to refer to the people summoned for jury duty.

VENUE -- The proper geographical area--county, city, or district--in which a court with jurisdiction over the subject matter may hear a case.

VOIR DIRE -- Process of questioning potential jurors so that each side may decide whether to accept or oppose individuals for jury service.

WARRANT -- Most commonly, a court order authorizing law enforcement officers to make an arrest or conduct a search; an affidavit seeking a warrant must establish probable cause by detailing the facts upon which the request is based.

WITNESS -- One who testifies that he or she has seen hear, or otherwise experienced.

WRIT -- A judicial order directing a person to do something.