Glossary of Legal Terms

Invoke the Rule

A rule which prevents witnesses from watching other witnesses as they testify.

Affidavit

A voluntary statement or declaration of the facts which has been written down and confirmed under oath.

Public Trial

An accused has the constitutional right to a public trial to guarantee that a defendant will be treated fairly.

Counsel

An attorney or lawyer. That giving of advice and guidance concerning a legal matter.

Coroner

An official whose responsibilities included the performance of designated functions, the most important of which is the investigation of the cause of any violent or suspicious death that takes places within the geographical boundaries of his or her authority.

Allegation

As assertion, declaration or statement which is made in a pleading by one of the parties to the action and tells what that party intends to prove.

Attorney of Record

Attorney whose name appears on the permanent records and files of a particular case.

Opening Statement

Beginning statement given by an attorney for each party which previews what each attorney expects to happen in the trial.

Bailiff

Courtroom attendant responsible for keeping order in the courtroom and overseeing the jury.

Arraignment

Criminal case proceeding in which the defendant is brought before the trial court to answer the criminal charges by entering a plea of guilty or not guilty.

Criminal Law

A body of rules and statutes that defines conduct prohibited by the government because it threatens and harms public safety and welfare and that establishes punishment to be imposed for the commission of such acts.

Misdemeanor

A classification of offenses which are less serious than felonies. A misdemeanor is punishable by a fine or imprisonment other than in a penitentiary for a period of less than a year. Under federal law, and most state laws, any offense other than a felony is classified as a misdemeanor.

Federal Rules of Evidence

A collection of principles that govern the admissibility of facts and testimony to establish or disprove an issue in civil and criminal lawsuits Brought in U.S. courts. The Federal Rules of Evidence are the model followed by states in the promulgation of their rules of evidence.

Action

A dispute take to court for resolution. The terms "case, suit, and lawsuit" are synonymous with action.

Exhibit

A document or object which is offered into evidence during a trial or hearing.

Evidence

A fact presented in court through the testimony of a witness, an object or written documents.

Conviction

A finding by the judge or jury that a person charged with a criminal offense is guilty beyond a reasonable doubt of committing the crime charged.

Objection

A formal attestation or declaration of disapproval concerning a specific point of law or procedure during the course of a trial.

Information

A formal written accusation filed by a public officer such as a prosecuting attorney charging that a person or business committed a specific crime.

Witness Examination

A general term which refers to the questioning of the witnesses for both parties.

Felony

A major crime that is punishable by death or imprisonment for more than one year.

Motion in Limine

A motion presented to the judge before the trial begins requesting the court to exclude or limit evidence at trial.

Demurrer

A plea to dismiss a lawsuit on the grounds that although the opposition's statements may be true, they are insufficient to sustain the claim.

Oath

A pledge, affirmation or declaration to provide true information. For an oath to be legally effective, it must be administered by a public official. A spoken oath is generally sufficient; however, a written and signed oath can be required by law.

Civil Law

Generally deals with personal actions and usually involves a contract, collection of a debt or compensation for a personal injury or property loss.

Plaintiff

In a civil action, the party who files the lawsuit; in a criminal case, the State of Oklahoma is the plaintiff (prosecution).

Prosecution

In a criminal case, the State of Oklahoma is the prosecution.

Autopsy

The examination of a dead body to determine the cause of death.

Wrongful Death

The taking of the life of an individual resulting from the willful or negligent act of another person or persons.

Litigant

One of the parties involved in a legal action.

Session

One of those periods in a court term when a judge is actually hearing cases. A regular term is one called for by law, and a special term may be called by a judge.

Testimony

Oral evidence statement made by a competent witness who has taken an oath to tell the truth which is used to establish some fact or set of facts.

Parties

Persons, partnerships, corporations, businesses or governmental organizations involved in legal proceedings--litigants.

Chambers

Private office of the judge.

Litigation

Process of settling a dispute through the legal system.

Law

Provisions which regulate the conduct of society, primarily generated by the legislature through statutes and sometimes by court decisions.

Sentence

Punishment imposed by the court in accordance with the range of sentences outlined by statute.

Direct Examination

Questioning of a witness by the party who calls the witness.

Plea

Response of a defendant to the criminal charges; the plea will usually be "guilty" or "not guilty."

Burden of Proof

Responsibility for affirmatively proving the disputed facts in case.

Adjudicate

To decide or settle something in a legal setting.

Acquit

To find a criminal defendant not guilty of the charges against him or her.

Sustain

To grant, support or uphold. During a trial when an attorney objects to the introduction of evidence and the judge agrees with the objection, the judge sustains the objection.

Jury Trial

Under the Sixth Amendment to the U.S. Constitution, a person is entitled to trial by jury. This right applies to the states by virtue of the Fourteenth Amendment. The right to trial by jury applies only to crimes in which there is a possibility of imprisonment as punishment.

Recross Examination

The additional questioning of a witness by the opposing party, that is performed after redirect examination.

Pleadings

Written documents stating the allegations and claims of the opposing parties in a legal dispute.

Transcript

Official, verbatim record of court proceedings.

Default

Failure of the defendant to file an answer or appear in a case within a certain period of time. This will usually result in a default judgment against the defendant.

Closing Argument

Final statement given by an attorney for each party which summarizes each party's position on the guilt or innocence of the defendant. Facts and evidence presented during the trial can be reviewed so that inferences may be drawn from them. The ultimate purpose is to persuade those addressed to render a verdict in favor of the client represented.

Verdict

Formal decision of the court.

Trial

Formal presentation of facts to a court or jury in order to reach a legal resolution.

Judge

Official who directs the trial, decides what laws might apply to the case and rules on points of law.

Witness

Individual who gives testimony regarding what he/she has seen, heard or otherwise observed.

Attorney at Law

Individual who is admitted to the bar and thus may represent clients in legal proceedings. Attorneys are called offices of the court because they have dual responsibility to protect the integrity of the legal system while simultaneously pursuing their clients' claims. An attorney who has been admitted to the bar in one state is entitled to practice in the courts of that state, but that does not entitle him or her to practice in the courts of another state, in a Federal court or in the Supreme Court. In order to do so, he or she must qualify and be sworn in separately.

Court

Judicial tribunal established to administer justice.

Statute

Law enacted by the legislature.

Case

Lawsuit, suit, or action being resolved through the use of the court system.

Subpoena

Legal document issued by the court to order a person to appear as specified and give testimony.

Summons

Legal document issued by the court which directs the sheriff or another officer to notify the named defendant that a complaint has been filed and that he/she is required to appear and answer the complaint on or before the date and time specified.

Appeal

Legal process used to ask a higher court to review a decision.

Adversary System

Method used in the courts of the United States to settle legal disputes. Each of the trier of the facts (court or jury).

Damages

Monetary compensation claimed by a person who has suffered a loss or injury to his/her person, property or rights as a result of the negligence or unlawful conduct of another.

Bail

Monetary sum which can be assigned by a judge to insure that a criminal defendant who is being released prior to trial will, in fact, appear in court on a trial date. Securities posted as bail are returned when court appearances are satisfied.

Jury (Petit)

The group of persons called to decide the facts and render a verdict at the trial of a civil or criminal case.

Jurisdiction

The legal authority of a court to hear and decide cases, the exercise of judicial power within certain geographic boundaries.

Judgement

The official decision by a court regarding the rights and claims of the parties to a civil or criminal lawsuit.

Defendant

The person or party accused of a crime or sued in a civil case who is standing trial.

Voir Dire

The preliminary examination which an attorney may make of a witness where the competency of the witness is objected to.

Criminal Action

The procedure by which a person accused of committing a crime is charged, brought to trial and judged. The main part of a criminal action is the trial in which the innocence or guilt of the accused is determined. If the defendant is not found guilty, he or she will be acquitted of charges. If the defendant is found to be guilty, a suitable punishment, such as a fine, imprisonment or even a death sentence will be imposed depending upon the punishment provided in the statute under which he or she was prosecuted.

Cross Examination

The questioning of a witness by opposing counsel. The scope of cross examination is generally restricted to matters covered during direct examination. However, for the Mock Trial program, scope of cross-examination is not limited.

Due Process of Law

The regular course of administration through the courts of justice under the protection of the law and Constitution so that every person can have a fair and impartial trial or hearing.

Speedy Trial

The right of an accused person to a speedy trial is recognized under the common law. It is a fundamental right guaranteed by U.S. Constitution and statutory provisions to protect against arbitrary and oppressive delays. These delays can adversely affect the defendant's position due to unavailability or unreliability of witnesses or evidence supporting his or her claims.