Law Dictionary

Acquittal: The judgment when a defendant in a criminal case has not been found (proven) guilty beyond reasonable doubt in a court of law. It can also mean an absolution, discharge or release of an accusation, obligation and in some cases a liability. The judgement would then be a ruling of not guilty in a criminal court.

Adjournment – A break during court proceedings for many reasons such as for lunch or new appearance dates.

Adjudication: The given or announced decree or judgement.

Admiralty Law: The laws regulating marine commerce, the navigation and movement of ships, all forms of transportation, including property, people and goods by sea.

Advocate – An advocate is counsel (lawyer) for the defendant who is a member of a Bar, such as the Scottish Bar or the South African Bar and they can appear for the State as prosecution or as an advocate for the defense.

Affiant: A person of sound mind making and signing an affidavit.

Affidavit: A voluntary written statement or printed declaration of facts confirmed by oath by the person making it. The affidavits must also be administered and/or notarized by an appointed authorized officer of the court. The affidavit should be correctly signed, witnessed, and notarized to be valid.

Affirmed: The judgment by the appellate courts whereby the order or decree is declared to be valid and that it will stand as it was decided in a lower court of law.

Alford plea: This is a plea when the defendant is negotiating a deal with the prosecutor for a lesser charge or a reduced sentence. The defendant might still profess innocence but in the light of overwhelming evidence make an agreement with the prosecutor. The defendant will be sentenced without a trial.

Allegation: When a person claims something happened and/or that someone did something.

Answer: This usually happens during the pleadings. The defendant’s formal written answer as response to a civil complaint. The grounds for defense will be in the answer. Usually it is an item-by-item or paragraph-by-paragraph answer

Appeal: To apply to a higher court for review of a case. It can be an order of conviction in a criminal court or in a civil court of a judgment against one of the parties. The appeal will be a request made after the trial. To appeal (to take an appeal) can be done by the plaintiff or the defendant. The party taking the appeal is then known as the appellant. Appeals are made when wrong procedures were followed or where the court is asked for another (correct) interpretation of the law.

Appellate: An appellate court, also called Court of Appeals, has the authority to review the judgments of tribunals or lower courts.

Arraignment: This is a procedural action where the person who is accused of committing a crime is brought into court and will then be informed of the charges and given the opportunity to plead guilty or not guilty.

arrest warrant: A written order showing probable cause, by a magistrate or judge, allowing the police to arrest a party.

Bail: Security, usually a sum of money, paid for the release of a criminal defendant from jail to ensure the person will appear on the day and time as appointed.

Bankruptcy: When a person or a company cannot pay their debts, they ask the court to ultimately declare them bankrupt so they can start from fresh after a certain time.

Barrister: A barrister is a lawyer who practice advocacy in court and in some countries is called an advocate.

bench trial: When defendants have a trail with a judge without a jury.

beyond a reasonable doubt: You must proof with 100% surety that a defendant in a criminal trial is guilty.

binding precedent: Courts are bound by decisions of the appellate courts. All courts are bound by the decisions of the Supreme Court if it is in the United States.

Brief: Each side submit a written statement to the judge explaining their situations and arguments.

capital offense: First degree murder, treason and genocide as well as all crimes punishable by death.

case law: Previous court decisions that determine how other laws should be applied. Courts have to follow the decisions of senior courts in similar facts or issues.

Chambers: The office of a judge, advocate, barrister, attorney or solicitor.

Charge: What the defendant did wrong.

charge to the jury: Instructions concerning the relevant laws given to the jury by the judge of the case.

chief judge: The chief judge is the most senior judge with the most authority at a court.

circumstantial evidence: Indirect evidence such as testimonies from eyewitnesses are considered to be circumstantial evidence.

clerk of court: A government official appointed by the court to report to the chief judge. This person is responsible for the administration of the court, the flow of cases and the court records.

common law: The law system based on court decisions of the past and not statutes that was passed by the legislature.

Complaint: This is a written statement by the plaintiff. It will state the grievances and explain the wrongs that were allegedly committed by the defendant or defendants.

Continuance: The postponement of trial to a later date by the judge in the case..

Contract: A legal agreement between two or more persons that creates an binding obligation to do something or to refrain from doing something.

Conviction: A guilty judgement against a defendant in a criminal court.

Counsel: The lawyers, such as advocates in a case, giving legal advice to the client.

Counterclaim: A (counter) claim that the defendant makes against the plaintiff, usually but not necessarily at the same time as the plaintiff.

Court: The court is the government institution that is authorized to punish and convict criminals and to resolve other legal disputes.

court reporter: The court reporter keeps an exact word-for-word record of everything that is said in court. A transcript of the proceedings is made and is available upon request.

cross-examine: The questioning of a witness by the attorneys (lawyers) of both parties in a case.

Damages: This is a civil case when damages are rewarded to the plaintiff. Money is paid by the unsuccessful defendants to the successful plaintiffs. This is to compensate the victorious plaintiffs for their damages including injuries.

default judgment: A judgment that is given when the defendant fails appear in court.

Defendant: In civil court a civil suit is brought against the defendant by a plaintiff. However, in a criminal court a criminal case is brought by the prosecution (the state) against the defendant who is alleged to have committed a crime.

defense table: The appointed table where the defense lawyer(s) sits with the defendant(s) in the courtroom.

Deposition: This is an oral statement that is made before an authorized officer by witnesses and these statements might be used in a later trail.

direct evidence: This is evidence by a witness who saw what happened and who is able to support a fact without any presumption or inference.

Discovery: The examination of facts and documents held by the opposing side. The lawyers need this information to prepare for the upcoming trial.

Docket: A file or log that contains the entries of what happened and that was said during the court proceedings.

en banc: French for "In the bench", also meaning "full bench." This is when all the judges of a court are present and sitting in a case. This usually happens in cases that have important consequences.

Evidence: Information presented in court in the form of testimony, documents and/or medical and/or scientific proof that constitute a body of facts indicating whether a given proposition is valid and true.

exculpatory evidence: Evidence that excludes guild. This evidence proofs that the defendant is innocent.

Exhibit: Some physical objects and/or documents that are shown in a sitting court. Exhibits can include documents like letters and contracts, also photos as well as all sorts of weapons and objects used in a crime.

federal question jurisdiction: The federal courts in the USA have jurisdiction to hear cases that involve the reading, interpretation and application of constitutional rules, treaties and the acts of Congress.

Felony: A serious crime in the United States of America and some other countries that usually carry a sentence of more than a year in a correctional facility or prison.

File: Lawyers officially file documents relevant to a case, usually in the office of the clerk of the court. These documents are part of the records of a case.

grand jury: In the USA the federal government is obligated by the Constitution to use grand juries. Grand juries are not open to the defendant, his legal representatives or to the public. The grand jury is made up of a body of citizens. They have to listen to the arguments and evidence and decide if there is probable cause to believe the crime was committed by the defendant. The prosecution is done by the U.S. Attorney's office.

habeas corpus: “You will have the body” A legal recourse that can be used by a lawyer to bring the client who is a prisoner before a court. The reason for this is to test the legality of the prisoner’s incarceration. The document used is called a writ of habeas corpus. It is also sometimes used to bring a prisoner before the court to give testimony. The writ habeas corpus can also be used by mental patients that have been institutionalized.

habeas petition: A civil action against the warden who holds the prisoner.

Hearsay: When the witness did not personally hear or see what happened. Hearsay is secondhand information heard from another person or source. Hearsay information is not credible evidence and is not permissible in court but sometimes exceptions are made.

Impeachment: This is an official documented process when charges against a senior government official is brought forward because of misconduct.

inculpatory evidence: Inculpatory evidence is given in criminal cases. Evidence that supports the prosecution’s case is inculpatory because it shows that the defendant is guilty. Evidence that prove the defendant is innocent is exculpatory.

Indictment: It is a formal criminal accusation and charge against someone who is being accused of having committed a serious crime (called a felony in the USA). In the USA a grand jury can bring a formal charge that state there is strong evidence that an accused has committed a felony. This will lead to a trail.

in forma pauperis: In the way or manner of a pauper. Permission given that a person can proceed the legal process or sue even though no payment of court fees has been made on claim of being a pauper in poverty and being in a state of destitution and extreme poverty.

Information: The prosecution might have information that the defendant(s) committed a crime.

initial hearing: It is when bail is granted or denied and when an accused is brought before court for the first time and when he/she is informed about the charges against him/her as well as specific rights that he or she has.

Injunction: A court order prohibiting an act with the purpose of preventing injury or damage. It is a judicial order that restrains a someone from starting an action or continuing an action that threatens or negatively affect legal rights of another person. An injunction can also compel someone to do something and carry out an act like the payment of damages to another person.

Interrogatories: These are requests for further information and are part of discovery. Interrogatories are written questions asked by a party by to the other opposing party. The opposing party must answer under oath and in writing.

Interview: A formal meeting with the investigative and prosecuting authorities.

Issue: To issue and official order. In a lawsuit an issue can also be a point of dispute between opposing parties.

Judge: When cases are brought before high courts they are judged by judges who are very high ranking government officials.

Judgment: An official decision by the court that determine the final outcome of a case.

Jurisdiction: This refers to the legal right and authority of a specific court to hear and judge certain cases. Sometimes two courts have responsibility for the same case and then we call that concurrent jurisdiction. Jurisdiction also refers to the geographical area where the court can judge cases. In the USA the federal court decide cases in the state where the legal actions started.

Juror: The person who is in the jury is called a juror.

Jury: Some countries still have systems that uses juries. Jurors are picked from the population and are then sworn into jury service. They have to declare verdicts on matters of fact. In the USA there are state court juries and federal juries.

jury instructions: This comes from the judge but it is also suggested by both parties to the judge who has the final say in the matter. The judge will explanation important legal questions and laws to the jury before the deliberations of the questions begins.

jury pool: These are the selected people from which the jury will be chosen.

Jurisprudence: The philosophy and study of the theory of law. It can also refer to the type and structure and the legal system of a country or state.

Lawsuit: This is when a plaintiff starts a legal case against a defendant. This can be for many different reasons e.g. when the defendant harmed the plaintiff or failed to deliver as promised.

law clerk, judicial clerk: Attorneys who assist judges and magistrates with research. They also do drafting of opinions.

Librarian: Helps lawyers, magistrates, prosecutors and judges to find legal information.

Licence: The listed conditions for the release of a prisoner from jail before the end of a sentence.

Litigation: The process that takes place in a case or lawsuits. Plaintiffs and defendants in lawsuits are litigants.

Macer: In Scotland; It is a person in the High Court who helps with the smooth functioning of the court. The Macer is a court officer that supports the judge.

magistrate judges: The are judicial officers in the USA. They assist U.S. district court judges. They get cases ready and organized for trial. They decide a large number of criminal and also civil trials. Both parties in the case have to agree to have the case heard by a magistrate judge, otherwise the district court judge will hear the case.

Misdemeanor: A minor offense in the USA, not a felony, with a punishable sentence of less than a year in jail.

Mistrial: This happens when an invalid trial is caused by a fundamental error and therefore a mistrial will be declared that would lead to a new trial and a new jury.

Motion: Motions are usually filed before the trail but also during and after trial, depending on the case. A motion is usually an issue presented to court to define and limit material that will be heard by the court.

nolo contendere: no contest. It has the same result as a guilty plea but the plea of nolo contendere forces the plaintiff in the case to prove that the defendant broke the law. Also, it is not an admission of guilt for any other purpose.

Next of kin: The closest relative, i.e. the wife or husband, sibling, child or parent.

Not guilty or not proven: Verdicts when there was not sufficient evidence to prove the case beyond reasonable doubt. The accused cannot be tried again for the same offence and is free to go.

Oath: An official promise not to lie but to tell the truth.

Objection: An objection or protest by a lawyer during the trail, against a question or statement made by the opposing party. The judge will allow the objection or overrule it and allow the opposing party to continue.

Opinion: The written explanation of a judge of the court for a decision taken. There can be more than one opinion when more judges are involved. When judging for or against something the majority of opinions that agree with each other will be followed.

oral argument: This is when the lawyers for the opposing parties put forward their arguments during the trail.

Panel: A group of 3 judges is called a panel that is assigned to together decide the case before them, usually in Appellate cases. A group of potential jurors is also a panel.

Parties: The plaintiffs and defendants, also called the applicant and respondents, in other words, opposing parties in lawsuits. In appeals they are known as appellants and appellees.

petit jury: Also called trial jury. A dozen citizens, 12 in the case of a federal criminal case and 6 in federal civil juries, who hear the evidence presented to them by both opposing parties at trial and then they determine the facts that are disputed.

Plaintiff: complainant; In a civil lawsuit the plaintiff is the complaining party who files the complaint. In a criminal case the complainant is the person who complains about a crime that was committed.

Plea: In a criminal case the defendant has to plead guilty or not guilty to the charges. In the USA an Alford plea can be made as well as a nolo-contendere plea. Sometimes a guilty plea may allow the defendant to forego a trial when the court is satisfied that the defendant understands the possible consequences of the guilty plea.

plea deal, also plea bargain and plea agreement: This is when the defendant and prosecutor agree that the defendant will plead guilty in exchange for a lesser charge or a dismissal of some of the charges by the state’s prosecutor who may also ask the judge for a lighter sentence.

Pleadings: Pleadings in a civil case can take the form of written statements by the opposing parties of their positions. The complaint and the answer are usually the principal pleadings in the Federal courts in the USA.

Precedent: A previous court decision with similar laws and facts as the case being heard now. In a precedent the older decision will usually direct the decision that will be taken in a later similar case. When a participating party can effectively show that the previous case was wrongly decided or if the current case has significantly different facts then the court might decide not to follow precedent. However, not all precedent is binding, some precedents only have the power of convincement by being influential.

Procedure: This refers to the rules of conduct that have to be followed during a case. These rules have developed into specializations in law, such as civil procedure, criminal procedure and appellate procedure and more.

preliminary hearing: At the preliminary hearing the judge decides whether or not there is enough credible evidence to have a trial. Unlike the trail, hearsay is allowed during the preliminary hearing. It only happens when the defendant pleads not guilty. It is also known with some as “prelims”.

pretrial conference: The pretrial conference meeting helps to organize and structure the legal process during the trail. The judge and lawyers for both parties discuss the timeframe, any settlements, witnesses and also the availability of evidence. In the USA a list of relevant aspects that will be presented to the jury might also be discussed.

probable cause: A very strong suspicion that important facts are true. In the USA probable cause is a requirement of the Fourth Amendment before a search or arrest warrant can be issued.

Probation: When an alternative sentence is given to imprisonment. During probation a convicted person will remain under supervision but alternative rules and conditions will be in place during the time of the probation sentence.

probation officers and pretrial services officers: They evaluate applicants for potential pretrial release. They also monitor and supervise offenders that have been released under the court supervision program.

pro se: Latin legal term; "on one's own behalf"; persons in court who present and defend their own lawsuits and cases without having a lawyer to represent them.

Prosecute: To accuse and charge a person with a crime in a court of law on the behalf of the state.

public defenders: Also called “pro bono” lawyers that represent poor defendants in trails, who cannot pay for a lawyer in criminal cases.

Queen's Counsel, QC: A high honorable title and rank conferred by the Crown on brilliant, distinguished advocates, barristers and solicitors with the right of audience in the high court.

Record: A record must be kept in the form of a written account that includes all statements, actions, and proceedings in a case.

Remand: Sometimes an appellate court might send back a case to a lower court after the appellate court evaluated an aspect of the proceedings in the lower court. The appellate court might require or advise the lower court to change something during the proceedings.

Reporter: The court reporter is responsible for making records and transcripts of court proceedings and also publishes all opinions and statements expressed as well as decisions taken in court.

Reverse: An appellate court can set aside the decisions and actions of a lower court when the lower court made an error and then issue a remand for the error to be corrected by the lower court.

search warrant: The police can request a search warrant from a judge or a magistrate after proving probable cause. The search warrant is an order signed by a judge that gives the police permission to search a specific location for evidence and to confiscate items that will serve as evidence in a court case.

SC: Equal to a QC, the title of Senior Counsel or State Counsel are used in some ex-British Empire countries i.e. South Africa, and is given to senior lawyers that proved themselves as excellent in their profession. All advocates can appear in the in the High Court.

Sentence: A sentence is a form of punishment. The court sentence a defendant that has been found guilty of a crime.

service of process: The procedure when a party gives the required notice of initial legal action to the opposing party or defendant e.g. summons to appear in court or a restraining order. The purpose is to gain jurisdiction over the opposing party or person so that the opposing party or person will then respond by acting in a certain required way or appear before a tribunal, officially chosen body or a court.

Settlement: When opposing parties in a lawsuit find a way to resolve their differences without the need of having a costly trial. Settlements can be done in many different ways such as when the one party pays an amount of money to satisfy of the opposing party's claim for compensation.

Sequester: Sequester means to separate something in legal terms, such as when juries are locked up in a room to sequestrate them from the outside world so that they cannot be affected or influenced while deliberating.

Sidebar: A judge can call the lawyers to the sidebar to confer with them out of hearing range of the court goers (and also the jury in countries such as the USA, where jury systems are still active).

Statement: A written description that a person, now called a witness, gives to the investigating officer or police concerning a situation or something that happened.

Statute: A written law that was passed by the legislature.

statute of limitations: This is a law that set time limits for certain legal actions. The time within which parties must act to start the process to enforce their legal rights is made law with a statute of limitations.

Subpoena: A enforceable command that is handed over to a person (called witness) to appear in court and give testimony.

subpoena duces tecum: An order to “bring with you” An order to a witness to produce books, equipment, documents or any other item. These products will then be used as evidence in a court of law.

summary judgment: This is a judgment is given by a court for the one (successful) party and against the other (unsuccessful) party without a trail. This happens when there is no dispute about the facts of a case and therefore there is no need for a trail.

temporary restraining order: (TRO) In most cases it is intended last until trail or until a hearing will take place and can be granted immediately without informing the affected opposing party. The temporary restraining order prohibits a person, named in the order, from causing irreparable harm by limiting the actions that the person can perform. At the hearing the court can issue a preliminary injunction.

Testify: When a person testifies and/or answer questions that can serve as evidence in a court of law.

Testimony: Evidence presented in written form or orally. It is done by witnesses when they testify during a trial. Witnesses can also give testimony before grand juries in certain countries like the USA and others that still have juries in their legal systems.

Tort: A tort is an act, omission or breach of duty, other than a breach of contract, that leads to the harm or injury of another person. These factors amount to a civil wrong on which liability is imposed by the court. The invasion of a legal right is called an “injury” while "harm" is a detriment or loss that an individual (the claimant) suffers because of the tortuous act.

Transcript: A court stenographer or court reporter has the duty to keep a word for word record of everything said in court for official purposes. In a court transcript, every single word has to be exactly correct and not one word should be omitted. This record is called a transcript or court transcript.

Trial: When a magistrate or judge has an examination of evidence in a civil or criminal hearing. In the USA and some other countries this can happen in front of a jury. It is a formal hearing and it usually takes place after the defendant pleaded not guilty or when the magistrate or judge decided to note a plea of not guilty.

Uphold, affirm, confirm: When an appellate court or Court of Appeal uphold a decision by a lower court and decide not to reverse the decision by a lower court.

United States Sentencing Commission Guidelines: Federal courts in the USA look to the United States Sentencing Commission Guidelines when pondering a fitting punishment or proper sentence for a given crime.

U.S. Attorney or chief federal prosecutor (also United States district attorney): In each judicial district and in the United States courts of appeals the President appoints a senior lawyer to prosecute and defend cases for the federal government.

U.S. Marshal, also called bailiff: Enforce the rules of behavior in courts and provide security in courtrooms. The U.S. Marshal is the enforcement function of the federal courts with the ability to serf arrest warrants, transport criminals and seek fugitives as well as other court related functions as set out by the United States Marshals Service.

Venue: The venue will probably be in the judicial district where the crime was committed in a criminal case and in a civil case it will usually be where an accident happened or where the principal defendant lives. The venue is the geographical place in which a case is heard but sometimes the name of a building or street will also be used when a city has more than one court building where a hearing can take place.

Verdict: A judgement or decision by a judge or jury after judging the facts in a case. The verdict is the final result and therefore it usually happens at the end of a case.

victim advocate: work with prosecutors and assist the victims of a crime.

voir dire (French): “to speak the truth”, it come from (Latin) verum dicere “that which is”. It is a process by which the judge and lawyers of both parties select the jury members based on a set of rules and questions that is asked to those who are eligible and from whom the jurors will be chosen.

Warrant: A warrant of arrest is a written document ordering the arrest of a person. When there is probable cause a search warrant can be issued. A search warrant is a written document that allows the police to search a specific location for certain items that can be used as evidence in court.

Witness: Both sides in a lawsuit can call a person, now called a witness, to testify before a court that might include a jury.

Writ: A written order to act or abstain from doing something, issued by a court of law.

writ of certiorari: This is when the Supreme Court directs the lower court to supply the records for a case that will be heard on appeal (by the Supreme Court). Because the Supreme Court is not necessarily required to hear appeals of cases it can deny a certiorari. In such a case the previous ruling of the lower court will stand.

References:

United States Department of Justice

Cornell Law School

New Mexico Courts

University of New Mexico

State of Connecticut, Judicial Branch

US Diplomatic Mission

Scotland’s Prosecuting Service

Federal Court of Australia

United Kingdom Supreme Court

University of London

Rule of Law brings stability and prosperity to the population and gives hope to the poor. Always seek justice above riches and fame.