Court Words and Definitions

Opening Statement

A statement made to the jury at the beginning of a trial by a party's attorney, prior to the presentation of evidence. The attorney briefly outlines the evidence that will be offered and the legal theory that will be pursued.

Deposition

Consists of written testimony in question and answer form made under oath with opportunity for cross examination. This testimony maybe read at the trial subject to the right of the opposing counsel

Answer

Paper in which the defendant in a civil case answers the claims of the plaintiff

Action, Case, Suit, Lawsuit

Refer to the legal dispute brought into Court for trial in civil cases

Trial Jury

The 12 jurors sworn in as the jury to try a particular case

Issue

a disputed question of fact. Sometimes spoken of as one of the questions which the jury must answer in order to reach a verdict

Plaintiff

a person who starts a civil lawsuit, or the People of the state of California in a criminal case

Exhibit

articles such as pictures, books, letters, and documents are often received in evidence. Generally given to the jury to take to the jury room while deliberating

Challenge for Actual or Implied Case

lawyer thinks a prospective jurors state of mind indicates bias in favor of one side or the other in the case, the lawyer may ask the judge to excuse that juror. Disqualifications for cause occurs when a juror is closely related to the parties to the action or stands in some business relationship to one of the attorneys

Rest

legal phrase that means that the lawyer has concluded the evidence that lawyers want to introduce at the stage of the trial

Record

refers to the word for word record made by the official reporter in shorthand of all the proceedings at the trial

Counterclaim or Cross Complaint

results when the defendant in the answer to the complaint or in a cross complaint claims damages or other relief from the plaintiff

Directed Verdict in a Civil Case

the judge will instruct the jury regarding the kind off verdict to "return". The jury must return such a verdict

Cause of Action

the legal grounds on which a party to a civil case relies to get a verdict against that party's adversary

Complaint

the paper in a civil case or criminal case in which the plaintiff sets forth the claims against the defendant

Defendant

the person against whom a civil or criminal suit is brought in court

Parties

the plaintiff and defendant in the case in a civil case

Jury Panel

the whole number of prospective jurors, from which the trial jury of 12 is chosen

Argument

what the lawyer thinks the evidence proves and why what lawyers should side should win

Criminal Cases

when it is between state of California on one side of plaintiff and a person or corporation on the other side as defendant. It involves a question of whether or not the defendant has violated one of the laws defining crimes and the verdict is usually guilty or not guilty

Passed, Passed for Cause

Expressions used by lawyers while examining prospective jurors. They indicate that lawyers do not intend to challenge the prospective juror on any claim for implied bias

Civil case

Lawsuit between persons in the private capacity or relations. It results generally in a verdict for the plaintiff or for the defendant and in many cases involves the giving or denying of damage

"Charge" or instructions

The judge will outline the rule of law which must guide the deliberations of the jurors and control the verdict. Occasionally instructions are given to the jury during the taking of the evidence; generally such instructions apply to some unexpected incident that has taken place

Peremptory Challenge

The law provides that the lawyer on either side may demand that a set number of prospective jurors be excused, without being required to give a reason for the demand. the judge must excuse the jurors designated

Pleadings

The parties in a civil lawsuit must file court papers such as complaints or an answer, stating their claims, denials or defenses