Law Terminology Flashcards
(106 cards)
1
Q
Acquittal
A
Judgment that a criminal defendant has not been proved guilty beyond a reasonable doubt. In other words, a verdict of “not guilty.”
2
Q
Affidavit
A
A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
3
Q
Affirmed
A
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.
4
Q
Answer
A
The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for his defense.
5
Q
Appeal
A
A request made after a trail by a part that has lost on one or more issues that a higher court (appellate court) review the trial court’s 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.”
6
Q
Appellate
A
About appeals; an appellate court has the power to review the judgment of a lower court (trial court) or tribunal. For example, the US circuit courts of appeals review the decisions of the US district courts.
7
Q
Arraignment
A
A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
8
Q
Bail
A
Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his appearance on the day and time set by the court.
9
Q
Bankruptcy
A
A legal process by which persons or businesses that cannot pay their debts can see the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, usually by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
10
Q
Bench trial
A
Trial without a jury in which a judge decides which party prevails
11
Q
Brief
A
A written statement submitted by each party in a case that explains why the court should decide the case or particular issues in a case, in that party’s favor.
12
Q
Chambers
A
A judge’s office, typically included work space for the judge’s law clerks and secretary.
13
Q
Capital offense
A
A crime punishable by death.
14
Q
Case law
A
The law as reflected in the written decisions of the courts.
15
Q
Chief judge
A
The judge who has primary responsibility for the administration of a court; chief judges are determined by seniority.
16
Q
Clerk of court
A
An officer appointed by the judges of the court to assist in managing the flow of cases through the court, maintain court records, handle financial matters, and provide other administrative support to the court.
17
Q
Common law
A
The legal system that originated in England and is now in use in the United States that relies on the articulation of legal principles in a historical succession of judicial decisions. Common law principles can be changed by legislation.
18
Q
Complaint
A
A written statement filed by the plaintiff that initiates a civil case, stating the wrongs allegedly committed by the defendant and requesting relief from the court.
19
Q
Contract
A
An agreement between two or more persons that creates an obligation to do or not to do a particular thing.
20
Q
Conviction
A
A judgment of guilt against a criminal defendant
21
Q
Counsel
A
Legal advice; a term also used to refer to the lawyers in a case.
22
Q
Court
A
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.”
23
Q
Court reporter
A
A person who makes a word-for-word record of what is said in court, generally using a stenographic machine, shorthand, or audio recording, and then produces a transcript of the proceedings upon request.
24
Q
Damages
A
Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
25
Default judgment
A judgment rendered in favor of the plaintiff because of the defendant's failure to answer to appear to contest the plaintiff's claim.
26
Defendant
In a civil case, the person or organization against whom the plaintiff brings suit; in a criminal case, the person accused of the crime.
27
Deposition
An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discover, or to be used later in trial.
28
Discovery
The process by which lawyers learn about their opponent's case in preparation for trial. Typical tools of discovery include depositions, interrogatories, requests for admissions, and requests for documents. All of these devices help lawyers learn the relevant facts and collect and examine any relevant documents or other materials.
29
Docket
A log containing the complete history of each case in the form of brief chronological entries summarizing the court proceedings.
30
en banc
"in the bench" or "as a full bench." Refers to court essions with the entire membership of a court participating rather than the usual number. US circuit courts of appeals usually sit in panels of three judges, but all the judges in the court may decide certain matters together. They are then said to be sitting "en banc" (occasionally spelled "in banc.").
31
Equitable
Pertaining to civil suits in "equity" rather than in "law." In English legal history,
the courts of" law" could order the payment of damages and could afford
no other remedy. See damages. A separate court of "equily" could order someone
to do something or to cease to do something. See, e.g., injunction. In
American jurisprudence, the federal courts have both legal and equitable
power, but the distinction is still an important one. For example, a trial by
jury is normally available in "Jaw" cases but not in "equily" cases.
32
Evidence
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.
33
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.
34
Federal question jurisdiction
Jurisdiction given to federal courts in cases involving the interpretation and
application of the U.S. Constitution, acts of Congress, and treaties.
35
Felony
A serious crime carrying a penalty of more than a year in prison. See also
misdemeanor.
36
File
To place a paper In the official custody of the clerk of court to enter into the
files or records of a case.
37
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.
38
Habeas corpus
A writ (court order) that is usually used to bring a prisoner before the court
to determine the legality of his imprisonment. Someone Imprisoned in state
court proceedings can file a petition In federal court for a "writ of habeas
corpus," seeking to have the federal court review whether the state has violated
his or her rights under the U.S. Conslitution. Federal prisoners can file
habeas petitions as well. A writ of habeas corpus may also be used to bring a
person In custody before the court to give testimony or to be prosecuted.
39
Hearsay
Statements by a witness who did not see or hear the incident in question but
heard about it from someone else. Hearsay is usually not admissible as evidence
in court.
40
Impeachment
l. The process of calling a witness's testimony into doubt. For example, if
the attorney can show that the witness may have fabricated portions of his
testimony, the witness is said to be "impeached;" 2. The constitutional process
whereby the House of Representatives may "impeach" (accuse of misconduct)
high officers of the federal government, who are then tried by the
Senate.
41
Indictment
The formal charge issued by a grand jury slating 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.
42
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.
43
Information
A formal accusation by a government attorney that the defendant committed
a misdemeanor. See also indictment.
44
Injunction
A court order prohibiting a defendant from performing a specific act, or
compelling a defendant to perform a specific act.
45
Interrogatories
Written questions sent by one party in a lawsuit to an opposing party as part
of pretrial discovery !n civil cases. The party receiving t~e interrogatories is
required to answer them in writing under oath.
46
Issue
The disputed point between parties in a lawsuit; 2. To send out officially,
as in a court issuing an order.
47
Judge
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.
48
Judgment
The official decision of a court finally resolving the dispute between the parlies
to the lawsuit.
49
Jurisdiction
1. The legal authority of a court to hear and decide a case; 2. The geographic
area over which the court has authority to decide cases.
50
Jury
The group of persons selected to hear the evidence in a trial and render a
verdict on matters of fact See also grand jury.
51
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.
52
Jurisprudence
The study of law and the structure of the legal system.
53
Lawsuit
A legal action started by a plaintiff against a defendant based on a complaint s
that the defendant failed to perform a legal duty which resulted in harm to
the plaintiff.
54
Litigation
A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in
lawsuits are called litigants.
55
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.
56
Misdemeanor
An offense punishable by one year of imprisonment or less. Sec also felony.
57
Mistrial
An Invalid trial, caused by fundamental error. When a mistrial is declared,
the trial must start again with the selection of a new jury.
58
Motion
A request by a litigant to a judge for a decision on an issue relating to the
case.
59
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.
60
Opinion
A judge's written explanation of the decision of the court. Because a case
may be heard by three or more judges in the court of appeals, the opinion
in appellate decisions can take several forms. If all the judges completely
agree on the result, one judge will write the opinion for all. If all the judges
do not agree, the formal decision will be based upon the view of the majority,
and one member of the majority will write the opinion. The judges
who did not agree with the majority may write separately in dissenting or
concurring opinions to.present their views. A dissenting opinion disagrees
with the majority opinion because of the reasoning and/or the principles
of law the majority used to decide. the case. A concurring opinion agrees
with the decision of the majority opinion, but offers further comment or clarification
or even an entirely different reason for reaching the same result. Only the majority
opinion can serve as binding precedent in future cases. See also precedent.
61
Oral argument
An opportunity for lawyers to summarize their position before the court and also to
answer the judges' questions.
62
Panel
I. 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.
63
Party
One of the litigants. At the trial level, the parties are typically referred to as the plaintiff
and defendant. On appeal, they are known as the appellant and appellee, or, in some
cases involving administrative agencies, as the petitioner and respondent.
64
Petit jury (or 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. See also jury and grand jury.
65
Petty offense
A federal misdemeanor punishable by six months or less in prison.
66
Plaintiff
The person who files the complaint in a civil lawsuit.
67
Plea
In a criminal case, the defendant's statement pleading "guilty" or" not guilty" in answer
to the charges. See also nolo contendere.
68
Pleadings
Written statements fl.led with the court which describe a party's legal or factual assertions about the case.
69
Precedent
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.
70
Procedure
The rules for conducting a lawsuit; there are rules of civil procedure, criminal
procedure, evidence, bankruptcy, and appellate procedure.
71
Presentence report
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.
72
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.
73
Pretrial services
A department of the district court that conducts an investigation of a criminal
defendant's background in order to help a judge decide whether to
release the defendant into the community before trial.
74
Probation
1. A sentencing alternative to imprisonment in which the court releases convicted
defendants under supervision of a probation officer, who makes certain
that the defendant follows certain rules (e.g., gets a Job, gets drug counseling,
etc.); 2. A department of the court that prepares a presentence report.
75
Probation officer
Officers of the probation office of a court. Probation officer duties include conducting
presentence investigations, preparing presentence reports on convicted defendants,
and supervising released defendants.
76
Pro per
A slang expression sometimes used to refer to a prose litigant. It is a corruption of the
Latin phrase "in propria persona."
77
Pro se
A Latin term meaning "on one's own behalf"; in courts, It refers to persons who present
their own cases without lawyers.
78
Prosecute
To charge someone with a crime. A prosecutor tries a criminal case on
behalf of the government.
79
Record
A written account of the proceedings in a case, including all pleadings, evidence,
and exhibits submitted in the course of the case.
80
Remand
The act of an appellate court sending a case to a lower court for further
proceedings.
81
Reverse
The act of an appellate court setting aside the decision of a trial court. A
reversal is often accompanied by a remand to the lower court for further
proceedings.
82
Sentence
The punishment ordered by a court for a defendant convicted of a crime .
83
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
defertdant.
84
Service of process
The delivery of writs or summonses to the appropriate party.
85
Settlement
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.
86
Sequester
To separate. Sometimes juries are sequestered from outside influences during
their deliberations.
87
Statute
A law passed by a legislature.
88
Statute of limitations
A law that sets the deadline by which parties must file suit to enforce their
rights. For example, if a state has a five year statute of limitations for breaches
of contract, and John breached a contract with Susan on January 1, 1995,
Susan must file her lawsuit by January 1. 2000. If the deadline passes, the
"statute of limitations has run" and the party may be prohibited from bringing
a lawsuit; i.e. the claim is "time-barred." Sometimes a party's attempt to
assert his or her rights will "toll" the statute of limitations, giving the party
additional time to file suit.
89
Subpeona
A command, issued under authority of a court or other authorized government
entity, to a witness to appear and give testimony.
90
subpoena duces tecum
A command to a witness to appear and produce documents.
91
Summary judgment
A decision made on the basis of statements and evidence presented for the
record without a trial. It is used when it is not necessary to resolve any factual
disputes in the case. Summary Judgment is granted when-on the undisputed
facts in the record- one party ls entitled to judgment as a matter
of law.
92
Temporary restraining order
Prohibits a person from taking an action that is likely to cause irreparable
harm. This differs from an injunction in that it may be granted immediately,
without--notice-·to · the opposing·party;-and without-a-hearing:· It-is· intended
to last only until a hearing can be held. Sometimes referred to as a "T.R.O."
93
Testimony
Evidence presented orally by witnesses during trials or before grand juries.
94
Toll
See statute of limitations.
95
Tort
A civil wrong or breach of a duty to another person. The "viclim" of a tort
may be entltled to sue for the harm suffered. Victims of crimes may also sue
in tort for the wrongs done to them. Most tort cases are handled in state
court, except when the tort occurs on federal property (e.g., a military base),
when the government is the defendant, or when there is diversity of citizenship
between the parties.
96
Transcript
A written, word-for-word record of what was said, either in a proceeding
such as a trial, or during some other formal conversation, such as a hearing
or oral deposition.
97
Trustee
In a bankruptcy case, a person appointed to represent the Interests of the
bankruptcy estate and the unsecured creditors. The trustee's responsibilities
may include liquidating the property of the estate, making distributions to
creditors, and bringing actions against creditors or the debtor to recover
property of the bankruptcy estate.
98
Uphold
The appellate court agrees with the lower court decision and allows it to
stand. See affirmed.
99
US Attorney
A lawyer appointed by 'the President in each judicial district to prosecute
and defend cases for the federal government. The U.S. Attorney employs a
staff of Assistant U.S. Attorneys who appear as the government's attorneys
in individual cases.
100
Venue
The geographical location in which a case is tried.
101
Verdict
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 civll case.
102
Voir dire
The process by which judges and lawyers select a trial jury from among those
eligible to serve, by questioning them to make certain that they would fairly
decide the case. "Voir dire'' Is a phrase meaning "to speak the truth."
103
Warrant
A written order authorizing official action by law enforcement officials, usu-
ally arrest the individual named in the warrant. A search
warrant orders that a specific location be searched for items, which if found,
can be used in court as evidence.
104
Witness
A person called upon by either side in a lawsuit to give testimony before the
court or jury.
105
Writ
A formal written command or order, Issued by the court, requiring the performance
of a specific act.
106
Writ of Certiorari
An order Issued by the U.S. Supreme Court directing the lower court to transmit
records for a case which it will hear on appeal.
