General Legal Terms

Question 1

Action

Answer 1

A case or lawsuit.

Question 2

Acquittal

Answer 2

A jury verdict that a criminal defendant is not guilty

Question 3

Ad Litem

Answer 3

Appointed to act in a lawsuit on behalf of a child or other person who is not considered capable of representing themselves.

Question 4

Affidavit

Answer 4

A written or printed statement made under oath.

Question 5

Adversary proceeding

Answer 5

A lawsuit arising in or related to a bankruptcy case that begins by filing a complaint with the court, that is, a “trial” that takes place within the context of a bankruptcy case. A lawsuit filed separate from but related to the bankruptcy case.

Question 6

Appellant

Answer 6

The party who appeals a district court’s decision, usually seeking reversal of that decision.

Question 7

Appellate

Answer 7

An appellate court has the power to review the judgment of a lower court or tribunal.

Question 8

Appellee

Answer 8

The party who opposes an appellant’s appeal, and who seeks to persuade the appeals court to affirm the district court’s decision.

Question 9

Assault

Answer 9

an intentional act by one person that creates an apprehension in another of an imminent harmful or offensive contact.

Question 10

Aver

Answer 10

State or assert to be the case.

Question 11

Battery

Answer 11

A physical act that results in harmful or offensive contact.

Question 12

Bench trial

Answer 12

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

Question 13

Brief

Answer 13

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

Question 14

Burden of Proof

Answer 14

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.

Question 15

Case Law

Answer 15

The law as established in previous court decisions. A synonym for legal precedent. Akin to common law, which springs from tradition and judicial decisions.

Question 16

Circumstantial evidence

Answer 16

Evidence that relies on an inference to connect it to the conclusion of fact such as a fingerprint at the scene of a crime.

Question 17

Common Law

Answer 17

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.

Question 18

Corpus Delicti

Answer 18

Concrete evidence of a crime, such as a corpse. Establishing corpus delicti requires 2 elements: 1) death as a result 2) the criminal agency of another as the means.

Question 19

De facto

Answer 19

Latin, meaning “in fact” or “ actually.”

Question 20

De jure

Answer 20

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

Question 21

De novo

Answer 21

Latin meaning, “anew.” A trial de novo is a completely new trial. Appellate review de novo implies no deference to trial judge’s ruling.

Question 22

Decree nisi

Answer 22

Latin meaning “unless.” Generally, a rule nisi is an order “to show cause”, meaning that the ruling is absolute unless the party to whom it applies can show cause why it should not apply.

Question 23

Demur

Answer 23

Raise doubts or objections or show reluctance.

Question 24

Deposition

Answer 24

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. involves the taking of sworn, out-of-court oral testimony of a witness that may be reduced to a written transcript for later use in court or for discovery purposes.

Question 25

Discovery

Answer 25

Procedures used to obtain disclosure of evidence before trial.

Question 26

Dismissal with prejudice

Answer 26

Court action that allows the later filing.

Question 27

District attorney

Answer 27

Public official who acts as prosecutor for the state or the federal government in court in a particular district.

Question 28

Docket

Answer 28

A log containing the complete history of each case in the form of brief chronological entries summarizing the court proceedings. Court dockets are considered to be public records. the term is also sometimes used informally to refer to a court calendar, the schedule of the appearances, arguments and/or hearings scheduled for a court.

Question 29

Due process

Answer 29

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.

Question 30

En banc

Answer 30

- French meaning “on the bench.” All judges of an appellate court sitting together to hear a case, as opposed to the routine disposition by panels of three judges.

Question 31

Equity

Answer 31

A good way to think about this is a simple equation:: Equity= Assets-liabilities.

Question 32

Ex parte

Answer 32

Latin for “From one party” A proceeding brought before a court by one party only, without notice to or challenge by the other side.

Question 33

Exculpatory evidence

Answer 33

Evidence indicating that a defendant did not commit the crime.

Question 34

Executory contracts

Answer 34

Contracts or leases under which both parties to the agreement have duties remaining to be performed.

Question 35

False imprisonment

Answer 35

Occurs when a person is restricted in their personal movement within any area without justification or consent.

Question 36

Felony murder

Answer 36

A rule that allows a defendant to be charged with first degree murder for a killing that occurs during a dangerous felony, even if the defendant is not the killer.

Question 37

Grand theft

Answer 37

Stealing of property having a value greater than some amount (amount varies by state).

Question 38

Habeas Corpus

Answer 38

Latin meaning “you have the body.” A writ requiring a person under arrest to be brought before a judge or into a court, especially to secure the person’s release unless lawful grounds are shown for their detention.

Question 39

Hearsay

Answer 39

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.

Question 40

Homicide

Answer 40

The act of one human killing another. Homicide can be divided into many overlapping legal categories including murder, manslaughter, justifiable homicide, etc.

Question 41

In forma pauperis

Answer 41

“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 (A pauper is a very poor person).

Question 42

Inculpatory Evidence

Answer 42

Evidence indicating that defendant did commit the crime.

Question 43

Indictment

Answer 43

- 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; used primarily for felonies.

Question 44

Information (file an information)

Answer 44

A formal criminal charge.

Question 45

Injunction

Answer 45

A court order preventing one or more named parties from taking some action.

Question 46

Intentional infliction of mental/emotional distress

Answer 46

Common law tort that allows individuals to recover for severe emotional distress caused by another individual who intentionally or recklessly inflicted emotional distress by behaving in an extreme and outrageous way. 1. Defendant acted intentionally or recklessly; and 2. Defendant’s conduct was extreme and outrageous; and 3. Defendant’s act is the cause of the distress; and 4. Plaintiff suffers severe emotional distress as a result of defendant’s conduct.

Question 47

interrogatory

Answer 47

A written question that is formally put to one party in a case by another party and that must be answered.

Question 48

Judgement notwithstanding the verdict (JNOV)

Answer 48

The practice whereby the presiding judge in a civil jury trial may overrule the decision of a jury and reverse or amend their verdict. A JNOV is appropriate only if the judge determines that no reasonable jury could have reached the given verdict. Reversal of a jury’s verdict by a judge occurs when the judge believes that there were insufficient facts on which to base the jury’s verdict, or that the verdict did not correctly apply the law.

Question 49

Jurisprudence

Answer 49

The study of law and the structure of the legal system.

Question 50

Lien

Answer 50

A right to keep possession of property belonging to another person until a debt owed by that person is discharged.

Question 51

Magistrate judge

Answer 51

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 parties.

Question 52

Malice

Answer 52

The intention or desire to do evil; ill will.

Question 53

Manslaughter

Answer 53

The crime of killing a human being without malice aforethought, or otherwise in circumstances not amounting to murder.

Question 54

Misdemeanor manslaughter

Answer 54

A homicide committed during a non-felony crime.

Question 55

Motion in Limine

Answer 55

is a motion, discussed outside the presence of the jury, to request that certain testimony be excluded. The reasons for the motions are wide and varied, but probably the most frequent use of the motion in a criminal trial is to shield the jury from information concerning the defendant that could possibly be unfairly prejudicial to the defendant if heard at trial.

Question 56

Nolo Contendere

Answer 56

No contest. A plea by which a defendant in a criminal prosecution accepts conviction as though a guilty plea had been entered but does not admit guilt.

Question 57

Nonsuit

Answer 57

Failure to make a case.

Question 58

Petit jury (trial jury)

Answer 58

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 6 PERSONS.

Question 59

Power of attorney

Answer 59

A written authorization to represent or act on another’s behalf in private affairs, business, or some other legal matter.

Question 60

Precedent

Answer 60

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.

Question 61

Pretrial conference

Answer 61

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.

Question 62

Probate

Answer 62

The official proving of a will.

Question 63

Sanction

Answer 63

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

Question 64

Sequester

Answer 64

To separate. Sometimes juries are sequestered from outside influences during their deliberations.

Question 65

Standard of Proof

Answer 65

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% plus), but in some the standard is higher and requires “clear and convincing” proof.

Question 66

Statute

Answer 66

A law passed by a legislature.

Question 67

Statue of limitations

Answer 67

The time within which a lawsuit must be filed or a criminal prosecution begun. The deadline can vary, depending on the type of civil case or the crime charged.

Question 68

Sua Sponte

Answer 68

Latin, meaning “of its own will.” Often refers to a court taking an action in a case without being asked to do so by either side.

Question 69

Subpoena

Answer 69

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

Question 70

Tort

Answer 70

A civil wrong for which the law recognizes a legal remedy on behalf of a private individual.

Question 71

Uncorroborated

Answer 71

Not confirmed or supported by evidence.

Question 72

Voir dire

Answer 72

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

Question 73

Writ of Prohibition

Answer 73

A writ directing a subordinate to stop doing something the law prohibits. Sometimes used at times when an inferior court is deemed headed towards defeating a legal right. As used in Keeler v. Superior Court of Amador County (killing of fetus case).

Question 74

Fortiori

Answer 74

A Latin term meaning, "from the stronger argument." Example: If a 19 year old is legally an adult, then it can be inferred a fortiori that a 20 year old is too.

Question 75

Misprision of felony

Answer 75

The deliberate concealment of one's knowledge of a treasonable act or felony.

Question 76

Extradition

Answer 76

An act where one jurisdiction delivers a person accused or convicted of committing a crime in another jurisdiction, over to their law enforcement

Question 77

Case of first impression

Answer 77

A case in which a question of interpretation of law is presented which has never arisen before in any reported case. Sometimes, it is only of first impression in the particular stat or jurisdiction, so decisions from other states or the federal courts may be examined as a guideline.

Question 78

Strict Liability

Answer 78

Liability that does not depend on actual negligence or intent to harm.

Question 79

Summary Judgement

Answer 79

A court order ruling that no factual issues remain to be tried and therefore a cause of action or all causes of action in a complaint can be decided upon certain facts without trial. A summary judgment is based upon a motion by one of the parties that contends that all necessary factual issues are settled or so one-sided that they need not be tried.

Question 80

Proximate Cause

Answer 80

An event sufficiently related to an injury that the courts deem the event to be the cause of that injury.

Question 81

Negligence

Answer 81

Failure to use reasonable care, resulting in damage or injury to another.

Question 82

Punitive/Exemplary damages

Answer 82

The purpose of Punitive damages is expressly to punish or "send a message" to D that his/her behavior is intolerable.