Legal Vocabulary Flashcards
Legal proceedings; a lawsuit.
Action
A jury verdict that a criminal defendant is not guilty; finding of a judge that the evidence is insufficient to support a conviction.
Acquittal 
A legal process of resolving a dispute, or decide a case.
Adjudicate
A term used to describe evidence that may be considered by jury or judge in civil and criminal cases.
Admissible
A written or printed statement made under oath.
Affidavit
The action or process of affirming something or being affirmed.
Affirmation
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.
Affirmed
A defendant’s plea that allows him to assert his innocence, but allows the court to sentenced the defendant without conducting a trial. Especially, the defendant is admitting that the evidence is sufficient to show guilt. On the record. 
Alford plea
Something that someone says happened.
Allegation
A juror elected in the same manner as a regular, juror hears all the evidence but does not help decide the case, unless called on to replace a regular juror.
Alternate juror
A minor charge or addition designed to improve.
Amendment
Latin for “ friend of the court.” it is advice, formally offered to the court in a brief, filed by an entity, interested in, but not a party, to, the case.
Amicus curiae
The formal written statement by defendant, in a civil case, that responds to a complainant, articulating the grounds for defense.
Answer
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.
Appeal
The act of coming into court as a party to suit, either in person or through an attorney.
Appearance
About appeals; an appellate court has the power to review the judgment of a lower court (court trial) or tribunal.
Appellate
The party who opposes an appellate’s appeal and who seeks to persuade the appeals court, to affirm the District Court’s decision.
Appellee
When disputing parties participate in a process where they agree in advance to accept the decision of a mutually selected arbitrator, or panel or arbitrators, who will hear both sides and make a decision.
Arbitration
A proceeding in which a criminal defendant is brought into court, told of the charges in an indictment or information, and asked to be guilty or not guilty.
Arraignment
Property of all kinds, including real and personal, tangible and intangible.
Assets
An injunction that automatically stops lawsuits, foreclosures, garnishment, and most collection activities against the debtor. The moment a bankruptcy petition is filed.
Automatic stay
A sum of money that a court decides should be given to someone.
Award
The release prior to trial of a person accused of a crime under specified conditions designed to assure that persons appearance in court when required. Also, can refer to the amount of bond money posted as a financial condition of pretrial release.
Bail
The term meaning lawyers, or lawyer association.
Bar
A trial without a jury in which the judge serves as the fact-finder.
Bench trial
A written statement submitted in a trial or appellate proceeding that explains one side’s legal and actual arguments.
Brief
The duty to prove dispute facts. In civil cases, the plaintiff generally has the burden of proving his or her case. In criminal cases, the government has the burden of proving the defendants guilt.
Burden of proof
A crime punishable by death.
Capital offense
The heading: shows name, address, phone number, court, county, etc.
Caption
The law as establish in previous court decisions. A synonym for legal precedent. Akin, to common law, which springs from traditional and judicial decisions.
Case file
The number of cases handled by a judge, or a court.
Caseload
The relationship between cause and effect; the action of causing something. (civil court.)
Causation
A legal claim.
Cause of action
The offices of a judge and his or her staff.
Chambers
The law that the police believe the defendant has broken.
Charge
All property except real property; personal property. Example: jewelry, clothing, furniture, and appliances.
Chattel
The judge who has primary responsibilities for the administration of a court; determined by seniority.
Chief judge
All evidence that is not direct (eyewitnesses testimony is direct evidence.)
Circumstantial evidence
A person making a claim, especially in a lawsuit.
Claimant
A lawsuit and which one or more members of a large group, or class, of individuals, or other entities Sue on behalf of the entire class.
Class action
The court officer, who overseas administrative functions, manage his flow of cases through the court.
Clerk of court
The property that is promised as security for the satisfaction of a debt.
Collateral
A special condition, the court imposes that requires an individual to work without pay for a civil or nonprofit organization.
Community service
A written statement that begins a civil lawsuit, in which the plaintiff details to claims against the defendant.
Complaint
Prison terms for two or more offenses, to be served at thesame time, rather than one at a time. Example: Two 5-year sentences, and one 3-year sentences, if serve concurrently result in a maximum of five years behind bars.
Concurrent sentence
Approval of a plan.
Confirmation
Prison terms for two or more offenses, to be served one after the other. Example: Two 5-year sentences and one 3-year sentence if served consecutively result in a maximum of 13 years behind bars.
Consecutive sentence
A challenge in which the constitutionality of a legislation, or a statute is questioned.
Constitutional challenge
Willful disobedience of a judge’s command, or of an official court order.
Contempt of court
Fee paid to an attorney when attorney is successful in making a recovery on behalf of his or her client; Attorney receives a percentage of the verdict or settlement amount.
Contingency fee
Postponement of a legal proceeding to a later date.
Continuance
An agreement between two or more people that creates an obligation to do or not to do a particular thing.
Contract
A judgment of guilt against a criminal, defendant.
Conviction
Legal advice; a term also used to refer to the lawyer in the case.
Counsel
An allegation in an indictment or information, charging a defendant with a crime. An indictment or information may contain allegations that the defendant committed more than one crime. Each allegation is referred to as a count.
Count
A claim that a defendant makes against a plaintiff.
Counter-claim
Government entity authorized to resolve, legal disputes. Judges sometimes use “court” to refer to themselves in the third person, as in “ The Court has read the briefs.”
Court
The ability to appear honest and trustworthy when telling your side of the story.
Credibility
A clean brought by one defended to get another in the same proceeding.
Cross-claim
The formal interrogation of a witness called by the other party in a court of law to challenge or extend testimony already given.
Cross-examination
Money that a defendant pays a plaintiff in a civil case, if the plaintiff has one. Damages may be compensatory (for the loss or injury) or punitive to the punishment and tear future misconduct).
Damages
Latin, meaning “in fact” or “actually.” Something that exists in fact, but not as a matter of law.
De facto
Latin, meaning “in Law .” Something that exist by operation of law.
De jure
Latin, meaning “anew.” a trial de novo is a completely new trial.
De novo
A judge’s statement about someone’s rights. For example, a plaintive may seek a declaratory judgment, that a particular statute, as written, violates some constitutional right.
Declaratory judgment
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.
Default judgment
An individual, company, or institution, sued, or accused in a court of law. In a civil case, the person or organization, against who the plaintiff brings suit; in a criminal case, the person accused of the crime.
Defendant
The case presented by or on behalf of the accused party, or the party being sued in a lawsuit.
Defenses
Testify to or to give evidence under oath.
Depose
An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial. (See
discovery.)
Deposition
A lawsuit brought by a corporation shareholder against the directors, management, and or other shareholders of the corporation for a failure by management.
Derivative Action
Evidence that supports facts without an inference (eyewitness testimony).
Direct evidence
Questioning of a witness by the party who called him or her any trial. Example: plaintiff’s attorney is questioning the plaintiff; defendant’s attorney is questioning the defendant.
Direct examination
An official instruction from the judge.
Directive
A written document by the court reporter included in every transcript, stating that the reporter is not affiliated with any person involved in the matter, nor is the reporter financially interested in the matter.
Disclosure statement
Lawyers’ examination before trial of facts and documents in possession of the opponents to help the lawyers prepare for trial.
Discovery
Determination of a lawsuit by court’s finding that it should not be permitted to proceed.
Criminal court only.
Dismissal
Court action that prevents an identical lawsuit from being filed later.
Can’t file again.
Dismissal with prejudice
Court action that allows later filing of identical lawsuit.
Can file again.
Dismissal without prejudice
The manner in which a case is settled or resolved.
Same as judicial.
Disposition
A log containing the complete history of each case in the form of brief, chronological entries summarizing the court proceedings.
Count calendar.
Docket
Where a person has a permanent home to which he intends to return.
Domicile
Putting a person on trial more than once for the exact same crime. It is for bidden by the Fifth Amendment to the United States Constitution.
Double Jeopardy
In criminal law, the constitutional guarantee that the defendant will receive a fair and impartial trial. And civil law, the legal rights of someone who conference an adverse action, threatening liberty or property.
Due process
French, meaning “on the bench.”
En bank
A list of corrected errors. In a transcript, it is a page used when a deponent reason signs the transcript and lists any errors they find in the transcript.
Errata
Fair and impartial; valid in equity as distinct from law. Example: the beneficiaries have an equitable interest in the property.
Equitable
Information presented in testimony, or in documents that is used to persuade the factfinder (judge or jury) to decide the case in favor of one side or the other.
Evidence
A proceeding brought before a court by one party only without notice to or challenged by other side.
Ex parte
Doctrine that says evidence obtained in violation of a criminal defendant’s constitutional or statutory rights is not admissible at trial.
Exclusionary rule
Evidence, indicating that a defendant did not commit the crime.
Exculpatory evidence
Physical evidence, or documents that are presented in a court proceeding. Common exhibits include extracts, weapons, and photographs.
Exhibit
A witness with specialized knowledge of a subject who is allowed to discuss an event in court, even though he, or she was not present.
Expert witness
The process by which the record of criminal conviction is destroyed or sealed.
Expungement
The surrender of an accused criminal by one state to the jurisdiction of another.
Extradition
An attorney employed by the federal courts on a full-time basis to provide legal defense to defendant, who are unable to afford counsel.
Federal public defender
Rules that govern civil proceedings in the United States courts.
Federal rules of civil procedure
A serious crime, usually punishable by at least one year in prison.
Felony
To place a paper in the official capacity of the clerk of court to enter into the files of records of a case.
File
A sworn statement of income, expenses, property (assets), and debts (liabilities).
Financial affidavit
The court’s or jury’s decision on issues of fact.
Finding
Clause in contracts that reveals parties from fulfilling their obligations due to an unavoidable event, or unforeseen occurrence that could not be reasonably anticipated or controlled.
Force Majeure
An elected member of a jury who delivers verdict to the court.
Foreman
The international deceit of one’s property to deprive another party of money, property, or rights.
Fraud
The 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.)
Grand jury
A complaint filed against an attorney or judge claiming an ethics violation.
Grievance
A basis or foundation; reasons sufficient in the lot to justify relief.
Grounds
Latin, “guardian at law.“ The person appointed by the court to look out for the best interest of a child or other persons, not able to look out for themselves during the course of legal proceedings.
Guardian at litem
