Legal judgment that a criminal defendant has not been proved guilty beyond a reasonable doubt of the charges against him.
Case, cause, suit or controversy disputed or contested before a court of justice.
A written statement of facts confirmed by the oath of the party making it, before a notary or other officer having authority to administer oaths.
In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
A claim or statement of what a party intends to prove; the facts as one party claims they are.
To claim or declare that something is so.
The correction of an error in any process, pleading, or proceeding at law.
The formal written statement by a defendant responding to a complaint setting forth the grounds for his defense.
A review by a higher court of the judgment or decision of a lower court.
The party against whom the appeal is taken.
A proceeding in which the criminal defendant is called into court, the indictment is read to him, and he is called on to plead.
Taking physical custody of a person by lawful authority, for the purpose of holding him to answer a criminal charge.
To obtain the release of a person from legal custody by giving surety for this appearance on the day and time appointed.
Bill of Particulars
A statement of the details of the charge made against the defendant.
A certificate or evidence of a debt; a written commitment to pay a certain amount of money if certain conditions are not met.
Bond for Costs
A bond given by a party to secure the eventual payment of the costs of the suit.
A written statement of the case, including a summary of the facts, a statement of the questions of law involved, and the arguments and legal authorities upon which the party relies. It serves as each party's principal submission to the appellate court for its decision.
A writ requiring the marshal to take a defendant into custody.
An objection to the seating of a prospective juror on the jury panel for a trial.
Challenge for Cause
A challenge to a juror for which some cause or reason is alleged. (See also Peremptory Challenge)
Charge to the Jury
The judge's instruction to the jury concerning the law which applies to the facts of the case.
- To command the presence of a person; to notify a person of legal proceedings against him and require his appearance in the court, especially to face contempt proceedings.
- To read or refer to legal authorities in an argument or submission to a court. For example, to cite a case is to refer to a particular case in an attempt to persuade the Court to be guided by the decision reached in that case.
Every law suit other than a criminal action; an adversary proceeding for the enforcement or protection of a legal right or the redress or prevention of a wrong.
Clerk of Court
An officer appointed by a court of justice who has charge of the clerical work; keeps the records and seal, issues process, enters judgments and orders, and gives certified copies of documents from the record.
The party who complains or sues; one who applies to the Court for legal redress, also called the plaintiff.
A judgment of guilt against a criminal defendant.
An amount of money awarded to the successful party (and recoverable from the losing party) solely as reimbursement for certain of the expenses in prosecuting or defending a suit.
After a witness has given evidence, the attorney for the opposing party examines or questions him about his testimony to verify or refute it.
A claim which a defendant makes against a plaintiff.
Court of Appeals
An intermediate federal court, inferior to the U.S. Supreme Court but higher than the U.S. District Court. Its function is to review the final decisions of the district courts, if challenged. There is a Court of Appeals for the circuit in each of the judicial circuits.
A claim by one party against a co-party (a defendant claiming against another defendant, or a plaintiff against another plaintiff) arising out of the original complaint.
A monetary compensation which may be recovered in the courts by a person who has suffered a loss or injury through the unlawful act or negligence of another.
The person defending or denying; the party against whom relief or recovery is sought in a civil action or suit; the party who is accused in a criminal suit.
An oral statement made by a person before an officer authorized by law to administer oaths. The attorney for the opposing party is notified to attend the deposition where he may cross-examine the deposed party. The deposition may sometimes be used later in the trial, or it may be taken only to obtain discovery.
The disclosure by one party of facts, titles, or documents, to the opposing party who needs this information to properly prosecute or defend the case.
Courts of the U.S., each having territorial jurisdiction over a judicial district which may include a whole state or only part of it. The district courts are the trial courts of the Federal Judiciary.
Diversity of Citizenship
A phrase used with reference to federal jurisdiction, denoting a case in which the district courts have jurisdiction because all the persons on one side of the case are citizens of states different from all the persons on the other side. The matter in controversy must also exceed a value of $10,000.
A book in which brief entries of all court proceedings are recorded.
Generally refers to writings, pictures, maps, etc. Denotes official papers such as deeds, agreements, title papers, receipts and other written instruments used to prove a fact.
Entry of Judgment
Recording the judgment; putting into the docket book a statement of the final judgment and entering copies thereof in the record of the case and the judgment book.
Any kind of matter, presented at trial through witnesses, records, or documents for the purpose of persuading the court or jury of the correctness of the contentions of the parties.
An interrogation or search. The examination of a witness consists of a series of questions asked by a party to the action or his attorney, in order to bring before the court or jury the knowledge which the witness has of the facts or matters in dispute, or probing and sifting the evidence as previously given.
Execution of Judgment
A writ (order) to the marshal or sheriff requiring him to carry out the judgment of the Court.
Refers to the jurisdiction given to the federal courts in cases involving the interpretation and application of Acts of Congress, the U.S. Constitution, and treaties.
To put into files or records of the court; to file a paper is to place it in the official custody of the clerk. The clerk is to endorse upon the paper the date it is received and retain it in the record of the case subject to public inspection.
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A writ that is usually used to bring a prisoner before the Court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the Court to give testimony, or to be prosecuted.
A relatively formal proceeding similar to a trial, with one or more legal issues to be agreed upon or determined.
To impeach a witness is to introduce evidence intended to contradict testimony or to question his credibility.
In Forma Pauperis
In the manner of a pauper. The permission given to a poor person to sue without payment of court fees.
An action in rem is one taken directly against property and has for its object the disposition of property, without reference to who owns the property.
The formal charging of the defendant with a particular crime by a grand jury.
The formal accusation charging the defendant with a particular crime but brought by the U.S. Attorney, rather than by the grand jury.
A temporary or permanent order of the Court prohibiting the performance of some specific act in order to prevent irreparable damage or injury.
Written questions asked by one party and served on an opposing party who must answer them in writing under oath as a discovery device.
A proceeding by which a third party is permitted to enter a lawsuit pending between other parties. He may join the plaintiff in seeking what is asked in the complaint; or with the defendant in resisting the claims of the plaintiff; or may demand some relief adverse to both of them.
- The disputed point or question in which the parties to a case have narrowed their disagreement; a single material point which is affirmed by one side and denied by the other. When the plaintiff and the defendant have arrived at some point which one affirms and the other denies, they are said to be "at issue." When the defendant has filed an answer denying all or part of the allegations of the complaint, the "issue has been joined" and the case is ready to be set for trial.
- To send out officially (to issue an order).
The official and authentic decision of a Court adjudicating with finality the respective rights and claims of the parties to a suit.
- Default Judgment – A judgment rendered because of the defendant's failure to answer or appear.
- Summary Judgment – Judgment given on the basis of pleadings, affidavits, and exhibits presented for the record without any need for a trial. It is used when there is no dispute as to the facts of the case and one party is entitled to judgment as a matter of law.
- Consent Judgment – The provisions and terms of the judgment are agreed on by the parties and submitted to the Court for its sanction and approval.
- Declaratory Judgment – A judgment which declares the right and legal relations of the parties of a case.
The power or legal authority of the Court to hear and decide a case.
A certain number of persons selected according to law and sworn to inquire into matters of fact and declare the truth about matters laid before them.
- Petit Jury – Persons impaneled and sworn in a district court, who determine any question or issue of fact in any civil or criminal action according to law and the evidence introduced at the trial.
- Grand Jury – Made up of a larger group of persons who hear the government's evidence against a person who is suspected of a crime and determine whether it is sufficient evidence to bring that person to trial.
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A party to a lawsuit.
A case, controversy, or lawsuit.
A particular set of rules for each court governing matters not determined by the Federal Rules of Procedure.
Literally, "We command." It is a command of a higher court to a lower court or a public officer to perform a lawful duty.
A record of what takes place in court.
An invalid trial the result of which cannot stand because of some fundamental error. When a mistrial is declared, the trial must start again from the selection of the jury.
A proceeding which seeks a judgment or ruling on a dispute which does not actually exist. For example, when one party brings a motion to compel the other to answer interrogatories and the other has already answered, the motion is moot.
No contest – 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.
Information or a warning usually given in writing, informing a person of some fact which it is his legal right to know.
Notice of Appeal
Notice to the Court and to the other parties to the suit that a party intends to exercise his right of appeal. Filing the notice of appeal in the district court is the first step in making the appeal.
A formal judicial statement of the legal reasoning upon which the judgment is based.
The persons or entities who prosecute or defend a lawsuit.
A challenge to a juror without alleging any cause or reason; a limited number of peremptory challenges is allowed each side in any case.
Plaintiff (or Complainant)
The one who brings the suit, asking for the enforcement of a right or the recovery of relief from a wrong.
In a criminal proceeding it is the defendant's declaration in open court, that he is guilty or not guilty – the defendant's answer to the charges made against him in the indictment or information.
The formal written statements presented by the parties in a civil case – forming the basis for the lawsuit and defining the issues.
Preliminary Examination (or Preliminary hearing)
A hearing before a magistrate or judge to determine if there is probable cause to warrant holding a person accused of a crime. It is a procedure to prevent a possible abuse of prosecutorial power.
This is an informal conference between the attorneys for both sides to clarify the issues and to attempt to work out a settlement, with the judge or magistrate as a moderator.
A sentencing alternative by the Court by which convicted defendants are released on suspended sentences, generally under the supervision of a probation officer as long as certain conditions are observed. The maximum period of probation which may be imposed upon the charges in a single indictment is five years.
The rules for the conduct of a lawsuit.
The judicial business before the Court or judicial officer; any step or act taken in a lawsuit from the beginning to the executing of the judgment.
The summons or any other writ which may be used during the progress of the case.
To annul or make void.
A written memorial of all the acts and proceedings in an action or suit.
To send back. The act of the appellate court in sending a case back to the district court for further action.
The marshal reports back to the Court, with a brief account of his actions under the writ or notice he was required to serve, explaining the time and manner of service or the reason why he was unable to serve it, if that was the case.
The act of an appellate court annulling a judgment of a lower court because of an error.
The delivery of a writ, notice, or injunction, by an authorized person to officially notify another party of a proceeding in which he is concerned.
Service of Process
The service of writs, summonses, or rules to the party to whom they ought to be delivered.
A command to a witness to appear and give testimony.
Subpoena Duces Tecum
A command to a witness to produce at a trial or hearing documents or papers in his possession that are pertinent to the issues of a pending case.
A writ directing the marshal to notify the person named that an action has been commenced against him in the court, and that he is required to appear and answer the complaint.
To put a stop to a thing actually existing; a motion to suppress evidence or a confession which does not deny the existence of the evidence or confession, but asks the Court not to allow the use of such evidence in the case.
Temporary Restraining Order
Prohibits a person from an action which 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 until a hearing can be held.
Oral evidence given by a witness under oath.
The typewritten transcription of the shorthand notes of the proceedings in court.
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The geographical location in which a case is tried.
The formal decision or finding made by the jury upon the matters or questions submitted to them at the trial.
The preliminary examination of a juror to determine his competency or impartiality to serve on a case.
A formal written command, issued from the Court, requiring the performance of a specific act.
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court, also called court of law, a person or body of persons having judicial authority to hear and resolve disputes in civil, criminal, ecclesiastical, or military cases.Can you sue a judge for negligence? ›
Firstly, let me make it clear; you cannot sue the judge. It is a point of policy that the judge must be considered independent and free from potential suit if he is to give an unbiased and impartial judgment. Your only recourse is to appeal.What are the terms of a law? ›
In Contract Law, Terms means Terms of a Contract, the conditions and warranties agreed upon between parties to the contract. Contract terms may be verbal or in writing.What do lawyers say when they don't agree? ›
Not that I recall. Objection. Objection to the form, your Honor. Objection, your Honor, leading.How do you say hello in court? ›
To address a judge in court, stand and make eye contact with them to show that you're paying attention and being respectful. When you speak, always address them as "Your Honor." If the judge asks you a question and you don't understand, politely ask for clarification before answering.What are the 4 types of cases? ›
- They are major, difficult, complex, or sensitive;
- They involve mass disputes or cause widespread societal concern, which might affect social stability;
Types of courts
Basic distinctions must be made between criminal and civil courts, between courts of general jurisdiction and those of limited jurisdiction, and between appellate and trial courts. There are also constitutional, federal, and transnational courts.
defendant - In a civil suit, the person complained against; in a criminal case, the person accused of the crime. defense table - The table where the defense lawyer sits with the defendant in the courtroom. deposition - An oral statement made before an officer authorized by law to administer oaths.What is unethical behavior for a judge? ›
Common complaints of ethical misconduct include improper demeanour; failure to properly disqualify when the judge has a conflict of interest; engaging in ex parte communication and failure to execute their judicial duties in a timely fashion. Behaviour outside of the courtroom can also be at issue.What are four types of judicial misconduct? ›
Judicial misconduct may include off-the-bench conduct such as criminal behavior, improper use of a judge's authority, publicly commenting on a pending or expected court case, and giving or receiving bribes or favors.
A grievance regarding a complaint against a Judge can be taken up for inquiry by the concerned High Court or Supreme Court as per in-house procedure adopted by them.What is the most basic form of the term rule of law? ›
At its most basic level the rule of law is the concept that both the government and citizens know the law and obey it.Where can I find legal definitions? ›
- Wex. Legal Information Institute, Cornell University Law School. ...
- Findlaw Legal Dictionary. Thomson Reuters. ...
- Law.com Dictionary. ...
- Nolo's Free Dictionary of Law Terms and Legal Definitions. ...
- Legal Dictionary. ...
- Merriam-Webster's Law Dictionary. ...
- Legal Dictionary. ...
- Legal Dictionaries.
Legal standards means any law, rule, ordinance, code, administrative resolution, judicial order, order, decree, municipal decree, ruling sentence, decision by any government authority or any binding agreement with any government authority.How do you answer difficult questions in court? ›
Listen carefully to the questions you are asked. If you don't understand the question, have it repeated, then give a thoughtful, considered answer. DO NOT GIVE AN ANSWER WITHOUT THINKING. While answers should not be rushed, neither should there be any unnaturally long delay to a simple question if you know the answer.What to say when you dont want to answer a question in court? ›
"I'm sorry but I'm not able to speak to that subject" "Thanks for asking but I'm not able to answer that question" "I'm sorry but that information is proprietary"Can a lawyer force you to answer yes or no? ›
If an attorney demands a “yes” or “no” answer and you can not give one, let the judge know that, and explain that to do so would be misleading to the court or inaccurate. If your answer was not correctly stated, correct it immediately. If your answer was not clear, clarify it immediately.Can you call a judge Sir? ›
In person: In an interview, social event, or in court, address a judge as “Your Honor” or “Judge [last name].” If you are more familiar with the judge, you may call her just “Judge.” In any context, avoid “Sir” or “Ma'am.” Special Titles.How do you get a judge to like you? ›
- Judging More Than Your Guilt Or Innocence. ...
- Dress For Success. ...
- Be Respectful of The Judge At All Times When Speaking – And When Listening. ...
- Keep Calm and Carry On. ...
- The Truth, The Whole Truth, and Nothing But The Truth.
- DO speak calmly and clearly.
- DO use the proper forms of address.
- DO be polite.
- DO stand when you address the court.
- DO make eye contact with the judge when you are speaking.
- DO ask for clarification if you are unclear about something.
- DO thank the judge for listening.
- DO arrive early to court.
- Initial Hearing/Arraignment.
- Plea Bargaining.
- Preliminary Hearing.
- Pre-Trial Motions.
U.S. District Courts
The District Courts can hear most Federal cases, including civil and criminal cases. There are 94 U.S. District Courts in the U.S. and U.S. territories.
More specifically, federal courts hear criminal, civil, and bankruptcy cases. And once a case is decided, it can often be appealed.What are the 5 types of judges? ›
- Judge Advocate General.
- High Court.
- High Court Masters.
- Circuit Judge.
- District Judge.
- District Judge (Magistrates Court)
Civil and Criminal Cases
The law deals with two kinds of cases. Civil cases involve conflicts between people or institutions such as businesses.
Civil Courts, Criminal Courts and Court of revenue.What is the person called who sits next to the judge? ›
The court reporter usually sits near the judge and types on a small machine. Court reporters type very fast, and everyone in court has to speak slowly and clearly so the court reporter can hear what they say. All courts have clerks as well.What do judges say in court at the beginning? ›
Judge (first name) presiding. Please be seated. Judge: Good morning, ladies and gentlemen. Calling the case of the People of the State of California versus (defendant's first name).What is it called when you stand in court? ›
Being a 'stand-by' juror
Sometimes when your number is called, the prosecution may want you to 'stand-by'. This means that you won't need to sit on the jury unless the jury list becomes exhausted and stand-bys will be recalled. Then you might be sworn as a juror.
Courts have explained that bias is a favorable or unfavorable opinion that is inappropriate because it is not deserved, rests upon knowledge that the judge should not possess, or because it is excessive.
The Commission on Judicial Performance, established in 1960, is the independent state agency responsible for investigating complaints of judicial misconduct and judicial incapacity and for disciplining judges, pursuant to article VI, section 18 of the California Constitution.What is it called when a judge is unfair? ›
Judicial misconduct occurs when a judge acts in ways that are considered unethical or otherwise violate the judge's obligations of impartial conduct.What are two ways that judges are held accountable to citizens? ›
The phrase judicial accountability describes the view that judges should be held accountable in some way for their work. This could be public accountability—getting approval from voters in elections—or accountability to another political body like a governor or legislature.How long does a judge have to rule on a motion? ›
Under T.R. 53.2, if a judge takes a cause tried to the court under advisement and fails to determine any issue of law or fact within ninety (90) days of the submission of all pending matters, the case may be withdrawn from the judge. Ind.What is discretion abuse? ›
Abuse of discretion is a standard of review used by appellate courts to review decisions of lower courts. The appellate court will typically find that the decision was an abuse of discretion if the discretionary decision was made in plain error.Can judges violate constitutional rights? ›
Clothed with the power of the state and authorized to pass judgment on the most basic aspects of everyday life, a judge can deprive citizens of liberty and property in complete disregard of the Constitution.Can a judge sue for incorrect decision? ›
The first is through the appeal and review process of their judgements. If a judge makes a mistake in a judgement, a more senior court may overturn that decision and give a different order. This is why it is often said that judges are accountable “through their judgments”.Can judges get angry? ›
Photo by Denis Simonov/Shutterstock.com. Trial judges should be “a model of dignity and impartiality” who are able to control their tempers and emotions, according to ABA standards on special functions of trial judges. Too often, however, judges exhibit anger and unprofessional behavior, Rewire News reports.What is the 4 rule of law? ›
What are the 4 rules of law? The four rules of law are accountability, open government, just law, and accessible and impartial justice. These ensure that government officials are not above the law, that decisions are transparent, that laws are fairly designed, and that the law is impartially enforced.What is the rule of 10 in law? ›
Considerations Governing Review on Writ of Certiorari. Review on a writ of certiorari is not a matter of right, but of judicial discretion. A petition for a writ of certiorari will be granted only for compelling reasons.
It requires, as well, measures to ensure adherence to the principles of supremacy of law, equality before the law, accountability to the law, fairness in the application of the law, separation of powers, participation in decision-making, legal certainty, avoidance of arbitrariness and procedural and legal transparency.Are dictionary definitions admissible in court? ›
In legalese, a dictionary is a “secondary authority” in a case. Just as a congressional hearing could be used to better understand the intent of a specific law, a law dictionary can be consulted to enhance the meaning of a general word like malice or lawful.Which legal dictionary is best? ›
For more than a century, Black's Law Dictionary has been the gold standard for the language of law. Today, it's the most widely cited law book in the world.What dictionary do US courts use? ›
The two most commonly used legal dictionaries are Black's Law Dictionary and Ballentine's Law Dictionary. Print copies of Black's are located on dictionary stands on the fourth and fifth floors. For online access: Black's Law Dictionary (Westlaw)What is the reasonableness rule in law? ›
The reasonableness standard is a test that asks whether the decisions made were legitimate and designed to remedy a certain issue under the circumstances at the time. Courts using this standard look at both the ultimate decision, and the process by which a party went about making that decision.What kind of words do lawyers use? ›
- Prima Facie.
- Plea Bargain.
You may be seated. Judge: Members of the jury, your duty today will be to determine whether the defendant is guilty or not guilty based only on facts and evidence provided in this case. The prosecution has the burden of proving the guilt of the defendant beyond a reasonable doubt.What do lawyers always say? ›
“May it please the Court” – an attorney must ALWAYS state this before addressing the judge, beginning questioning of a witness, beginning Opening or Closing, etc…What terms do lawyers use? ›
- Credibility (credible/incredible) Credibility is simply another way of saying you are believable when you speak; the ability to appear honest and trustworthy when telling your side of the story. ...
- Damages. ...
- Default. ...
- Defendant. ...
- Discovery (discovery process) ...
- Docket. ...
- Liability. ...
PDO means property damage only (no injury)
Never, ever say anything you know to be untrue on the stand. Not only did you swear to tell the truth before you started testifying, but any lie you utter can haunt you if the other side figures it out. If they can prove you lied just once, everything you said during your testimony is suspect.
Be polite and calm
Stand when you speak to the judge and call them “Your Honor.” Speak clearly and loud enough for the judge and the other side to hear you. But don't shout or react to things you don't like. Now is not the time to express your feelings or vent your emotions. You must keep your temper under control.
Address an attorney as "Mr." or "Ms." in most contexts. In the salutation for a letter or email, address an attorney the same way you would any other respected professional- using "Mr." or "Ms." followed by their surname. Generally, this is the best way to address an attorney if you've never spoken to them before.What do lawyers say in the beginning? ›
The opening statement is not an argument, however; in fact, legal arguments are prohibited during the opening statement. It is during the opening statement that attorneys will tell the story of the case and what they hope to prove using the evidence that will be presented.
Judgment: A court decision. Also called a decree or an order.Why do lawyers use fancy words? ›
This helps maintain consistency throughout time and helps lawyers and litigants predict the outcome of their own case.