Legal Terminology

cause of action

1. Each specific charge may alternatively, and more commonly. ( in relation to allegation).

court

1. refer to the judicial branch of government or the place where legal disputes are decided. 2.refer to the particular judge and related administrative personnel involved in deciding a particular matter. 3. may also signify all the judges in a particular district or county.

allege

1. used to describe a specific charge in a court of law or legal document. 2. common use is often used to make a claim. 3. Media and laypersons use the term allege to describe suspected actions without necessarily obtaining proof to back up the claim. By contrast, legal professionals are usually limited to alleging only what they can prove.

challenge for cause

A challenge for cause is submitted when the attorney believes a prospective juror fails to demonstrate impartiality.

higher court

A court that hears appeals is generally referred to as

hung jury or a deadlocked jury.

A jury unable to agree is known as..

peremptory challenge

A peremptory challenge requires no specific reason to be given for the removal of a juror.

acquitted

A person found not guilty

record/ official case record

A report of the hearing becomes part of the official case record ( from the pretrial hearing) .. a precise account of all verbal and written proceedings in an action.

superior courts

A state may have one or more appellate courts at an intermediate level

appeal bond

A sum of money fixed by the court....is often required to guarantee that the appeal is bona fide, or legitimate.

categories of evidence

Admissible evidence, Relevant evidence, Testimonial evidence, Direct evidence, Circumstantial evidence, Documentary evidence, Real evidence

appeal

After the court issues its judgment, either litigant may petition another court to review the decision. Such a petition is known as an

court reporter

All the oral proceedings in a trial are recorded by.. generally uses a laptop with specialized software. The notes or recordings become part of the official record of the case. They may be reviewed in typewritten form—known as a transcript —by the jury or other interested parties. Note that the recording made by the court reporter isn't the same as a court report. The court reporter takes down everything that's said during the trial.

amount of challenges allowed per both sides

An attorney may theoretically submit an unlimited number of challenges for cause. The number of peremptory challenges allowed depends on the type of action. In a capital criminal action—one in which the death penalty may be inflicted—attorneys for each side are allowed several peremptory challenges equal to the number of jurors to be selected. In both non-capital criminal and civil cases, lawyers for each side are entitled to four peremptory challenges when selecting a jury of 12, five challenges when selecting a jury of 14, and six challenges when choosing a jury of 16 jurors.

writ of execution

An award may be enforced by a court order known as a writ of execution, ordering the sheriff's office or other enforcement agency to collect payment

exhibit.

An item introduced as documentary or real evidence is usually referred.. Each exhibit is usually referred to in alphabetical sequence. The first exhibit is introduced as Exhibit A, the second as Exhibit B, and so on.

garnishing / garnishee

Another type of collection requires a third party, such as an employer or a bank, to turn money or property owned by or owed to the defendant over to the court. The process is known as garnishing and the third party is known as the garnishee.

court of appeals / appellate court.

At the state level, the higher court

polling the jury

At various points during the deliberation process, the jury foreperson asks individual jurors for their decision

direct examination.

Attorneys examining witnesses they called are said to perform a... Attorneys performing direct examination must pose questions in such a way as to allow witnesses to respond in their own words.

pretrial hearing or pretrial conference

Before a trial begins in court, a proceeding prior.. (During such a hearing, counsel for both sides and the judge seek ways to simplify and accelerate the trial process. Options for achieving this goal include simplifying the pleadings, obtaining the necessary stipulations to avoid lengthy discovery tactics, and narrowing the number of witnesses to be called. Only the lawyers for each side are required to attend a pretrial hearing. Many attorneys choose to bring their clients just in case there are questions.

preponderance of the evidence.

By contrast, a civil jury decides a case based on the overall credibility or likelihood of the evidence presented by one side or another. This civil standard of proof is referred to as..... only a majority of jurors in a civil trial must agree on a verdict. If the jury is deadlocked, the judge must declare a mistrial. The case may or may not be retried.

re-cross-examination.

Counsel for the defense may then follow up after a redirect examination.

cross-examination

Examination by opposing counsel.. Opposing attorneys can ask leading questions during cross-examination.

award

In a civil suit, the financial penalty the defendant must pay the plaintiff is known as an....An award may be enforced by a court order known as a writ of execution

trial by jury or a jury trial

In all criminal and civil cases involving financial loss or injury exceeding $20.00, the United States Constitution guarantees the right to a trial by jury. A jury is a group of people, known individually as jurors, who are sworn to determine the truth in a case. typically composed of 12 people

jury

In all criminal and civil cases involving financial loss or injury exceeding $20.00, the United States Constitution guarantees the right to a trial by jury... A jury is a group of people, known individually as jurors, who are sworn to determine the truth in a case. typically composed of 12 people

highest court / supreme court / high court/ court of appeals / superior court

In most states, the highest court—whose decisions are final, unless there's a federal question—is known as the supreme court, or less formally, as the high court. In certain states, the highest court is called the court of appeals or superior court.

foreperson

In some states, the judge selects one of the impaneled jurors to serve as the presiding member who will speak on behalf of the jury. In other states, the foreperson is elected by members of the jury.

opening statement

Once the jury is impaneled, the plaintiff's attorney delivers a speech known as an opening statement,which consists of a succinct outline of the charges and the evidence that will be introduced to prove each charge.the opening statement must establish that the prosecution has put together a prima facie case. one that appears legally adequate to win a verdict in favor of the plaintiff. The Latin term prima facie means "at first glance." A trial usually begins with the lawyer for the plaintiff making an opening statement to the judge and jury.

directed verdict.

Once the plaintiff's counsel rests, the defense attorney may formally request the court to rule in favor of the defendant without giving the case to the jury. Such a request is known as a motion for a.... The motion may be granted if the judge determines that the plaintiff's evidence doesn't legally support a verdict in the plaintiff's favor.

jurors

Prospective jury members

questions of fact

Questions of law are decided by the court itself rather than a jury. A jury decides only questions relating to the activities that caused the litigants to seek a trial, referred to as

court of record

Several steps may be taken before a civil action moves into a trial court.. sometimes a bar..

voir dire examination

The 12 people selected take seats in the jury box and are briefly interviewed by the attorneys. serves to determine whether a prospective juror is impartial, that is, capable of making a decision based solely on the evidence

retried

The case may or may not be brought before the court again,according to the decisions of the attorneys involved.

federal circuit courts

The federal Circuit Courts are divided among 12 geographical regions (First through Eleventh Circuits, and the D.C. Circuit), plus the Federal Circuit and the Court of Appeals for the Armed Forces.

impaneled

The jury that is formally selected and approved by attorneys for both sides is said to be

appellant

The litigant requesting the appeal is known as the

transcript

The notes or recordings become part of the official record of the case. They may be reviewed in typewritten form. Note that the recording made by the court reporter isn't the same as a court report,

appellee / the respondent / the defendant-in-error

The opposing party may be referred to as the

examination

The process of asking a witness questions in open court is referred to as

senetence

The punishment imposed on a defendant found guilty in a criminal case is known as a

burden of proof

The responsibility for establishing the truth in a legal dispute. usually falls to the plaintiff's counsel.

expert witness

This is someone qualified by experience or training to render an informed opinion on a specific subject. Attorneys on both sides of a case may sometimes summon an expert witness.

judgment or an adjudication.(civil jury, NOT criminal).

Usually, a jury can deliver a verdict. Afterwards, the court issues its formal decision, commonly called a judgment or an adjudication.

Not guilty by reason of insanity

a denial based on an inability to appreciate the criminality of an act or to form criminal intent

not guilty

a denial of committing the alleged crime

sanction

a fine

rebuttal

a formal introduction of evidence that will discredit or disprove the evidence introduced by the defense

grand jury

a group of between 6 and 23 jurors, depending on the jurisdiction, charged with determining whether sufficient grounds exist to warrant a formal criminal

Double jeopardy or former jeopardy

a statute that forbids charging someone with a crime for which he or she has already been found not guilty

case-in-chief.

after delivering an opening statement, plaintiff's counsel begins introducing evidence to prove the allegations made. This presentation is commonly referred to as

leading questions

aimed at steering the witness into supplying a desired answer, aren't allowed during direct examination. Questions that require simple answers of "yes" or "no" are leading questions.

judgment notwithstanding the verdict

also known as a judgment non obstante verdicto, JNOV, or judgment NOV—issued in favor of one party when the judge believes the jury's verdict in favor of the opposing party is incorrect

guilty

an admission of committing the alleged crime

challenge to the array / a motion to quash the array.

an attorney who perceives some irregularity in the selection of the entire venire. If allowed by the court, the entire group must step down and a new set of prospective jurors is selected.

civil procedure ( part of it)

any party may demand a jury trial within 10 days of service of the last pleading in the action. Otherwise, the matter must be resolved by a trial without a jury

judgment on the merits

based on the evidence and facts introduced

impartial

capable of making a decision based solely on the evidence

indictment / true bill

charged with determining whether sufficient grounds exist to warrant a formal criminal charge

rests its case

concludes the argument for the plaintiff... After witnesses for the plaintiff finish testifying and the plaintiff's evidence is submitted, plaintiff's counsel rests its case

Real evidence (demonstrative evidence)

consists of actual objects such as photographs, clothing, and weapons perceived to have a bearing on the case. Objects such as weapons, clothing, or photographs are commonly referred to as real evidence.

Circumstantial evidence

consists of facts from which the occurrence of an event may be reasonably inferred.

lower court / court below

court that originally heard the case

choosing a jury process

different from state to state but mostly the same: large pool of people selected at random from a state agency, such as voter registration or the department of motor vehicles. then narrowed into a smaller group. When jury selection begins, the clerk of court places each juror's name on a ballot and puts it in a ballot box. The members of the venire are brought into open court and 12 names are chosen at random from the ballot box. then the 12 are interviewed.

Documentary evidence

is confined to written materials such as contracts, business records, wills, and so forth.

Admissible evidence

is considered pertinent and proper for reaching a decision.

Relevant evidence

is introduced to prove or disprove a specifically alleged fact.

witness

is someone who gives evidence involving direct observation or knowledge

Direct evidence

is testimonial evidence that describes something directly observed.

judgment on the pleadings

issued without hearing evidence, should the court decide that the pleadings clearly and legally entitle one of the parties to win the case

kinds of judgments

judgment on the merits, judgment on the pleadings,judgment notwithstanding the verdict (judgment non obstante verdicto, JNOV, or judgment NOV)

verdict

jury's decision in a case.. In a criminal trial, the jury must agree unanimously on a verdict.

acquittal

legal release from charges and from any legal or financial consequences arising from the charges

bona fide

legitimate.

trial ( not definition, just a comment).

may be divided into several parts so that separate but related issues receive an equally unbiased hearing

No contest

often rendered in Latin as nolo contendere—essentially the same as a guilty plea in a criminal case, except that it can't be used as evidence against a defendant later in a private, or civil, lawsuit

prima facie case

one that appears legally adequate to win a verdict in favor of the plaintiff. The Latin term prima facie means "at first glance." the opening statement must establish that the prosecution has put together a prima facie case. plantiffs attourney gives this speech. A trial usually begins with the lawyer for the plaintiff making an opening statement to the judge and jury.

questions of law

only questions regarding the application or interpretation of law.... can be raised during an appeal.

closing argument / summation

orally summarizing the evidence in a way that favors their side of the case...is delivered to the jury or, in the case of a bench trial, to the judge. The court typically allows 30 minutes for each side's summation.

redirect examination

prosecution may conduct this to investigate issues raised during cross-examination.. a re- cross examination my occur after.

calendar call

reading out the list of cases on the docket to determine whether the case is ready for trial or, if not, to set a trial date.

Testimonial evidence

refers to the oral testimony delivered under oath in open court.

allegation

refers to the specific charge against a person made in accordance with state or federal legal codes.

challenge

request of removal. ex) Attorneys from either side of the dispute may challenge, or request the removal, of a prospective member of the jury.. 2 types of challenge- challenge for cause and peremptory challenge.

deliberates

reviews evidence and makes a decision,

beyond a reasonable doubt

the highest degree of proof required by law. In other words, jurors must be fairly and logically persuaded by the prosecutor's evidence that the defendant committed the crime as charged.

jury charge or jury instructions

the judge tells the jury what the law is for that type of case and how the law must be applied... jury must apply the law as directed by the judge.

jury panel or venire or less commonly array

the large pool of prospective jurors is narrowed down to a smaller pool

trial judge.

the presiding judge

innocent

there is no legal plea of this.

bifurcated trial

trial that has been divided into two separate hearings. (Depending on the type of case involved, one hearing may, for example, center on the defendant's liability. The other might focus on the defendant's mental competence.

petit jury or a trial jury.

typically composed of 12 people

verdict contrary to law

which contradicts one or more points of the instructions given by the trial judge

verdict against the evidence,

which contradicts the evidence presented in the case or isn't adequately supported by such evidence

court report

which is an account of the court's decisions in a case. The court report is published together with a formal statement of the reasoning behind each decision, known as an opinion.

mistrial

which is an invalid trial without legal consequences.

jury-waived trial, a bench trial, or a trial by the court.

without a jury