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Glossary
Acquittal
Judgment that a criminal defendant has not been proved guilty beyond a
reasonable doubt. In other words, a verdict of "not guilty."
Affidavit
A written statement of facts confirmed by the oath of the party making it,
before a notary or officer having authority to administer oaths.
Appeal
A request made after a trial by a party that has lost on one or more
issues that a higher court (appellate court) review the trial court's
decision to determine if it was correct. To make such a request is "to
appeal" or "to take an appeal." One who appeals is called the "appellant;"
the other party is the "appellee."
Appellate
About appeals; an appellate court has the power to review the judgment of
a lower court (trial court) or tribunal. For example, the U.S. circuit
courts of appeals review the decisions of the U.S. district courts.
Arraignment
A proceeding in which an individual who is accused of committing a crime
is brought into court, told of the charges, and asked to plead guilty or
not guilty.
Bail
Security given for the release of a criminal defendant or witness from
legal custody (usually in the form of money) to secure his appearance on
the day and time set by the court.
Bench trial
Trial without a jury in which a judge decides which party prevails.
Brief
A written statement submitted by each party in a case that explains why
the court should decide the case, or particular issues in a case, in that
party's favor.
Chambers
A judge's office, typically including work space for the judge's law
clerks and secretary.
Capital Offense
A crime punishable by death.
Case Law
The law as reflected in the written decisions of the courts.
Chief Judge
The judge who has primary responsibility for the administration of a
court; chief judges are determined by seniority.
Conviction
A judgment of guilt against a criminal defendant.
Counsel
Legal advice; a term also used to refer to the lawyers in a case.
Damages
Money paid by defendants to successful plaintiffs in civil cases to
compensate the plaintiffs for their injuries.
Default Judgment
A judgment rendered in favor of the plaintiff because of the defendant's
failure to answer or appear to contest the plaintiff's claim.
Deposition
An oral statement made before an officer authorized by law to administer
oaths. Such statements are often taken to examine potential witnesses, to
obtain discovery, or to be used later in trial.
Discovery
The process by which lawyers learn about their opponent's case in
preparation for trial. Typical tools of discovery include depositions,
interrogatories, requests for admissions, and requests for documents. All
of these devices help the lawyer learn the relevant facts and collect and
examine any relevant documents or other materials.
Docket
A log containing the complete history of each case in the form of brief
chronological entries summarizing the court proceedings.
Evidence
Information presented in testimony or in documents that is used to
persuade the fact finder (judge or jury) to decide the case in favor of
one side or the other.
Federal Public Defender
An attorney employed by the federal courts on a full-time basis to provide
legal defense to defendants who are unable to afford counsel. The
judiciary administers the federal defender program pursuant to the
Criminal Justice Act.
Felony
A serious crime carrying a penalty of more than a year in prison.
Grand Jury
A body of 16-23 citizens who listen to evidence of criminal allegations,
which is presented by the prosecutors, and determine whether there is
probable cause to believe an individual committed an offense.
Habeas Corpus
A writ (court order) that is usually used to bring a prisoner before the
court to determine the legality of his imprisonment. Someone imprisoned in
state court proceedings can file a petition in federal court for a "writ
of habeas corpus," seeking to have the federal court review whether the
state has violated his or her rights under the U.S. Constitution. Federal
prisoners can file habeas petitions as well. A writ of habeas corpus may
also be used to bring a person in custody before the court to give
testimony or to be prosecuted.
Hearsay
Statements by a witness who did not see or hear the incident in question
but heard about it from someone else. Hearsay is usually not admissible as
evidence in court.
Impeachment
1. The process of calling a witness's testimony into doubt. For example,
if the attorney can show that the witness may have fabricated portions of
his testimony, the witness is said to be "impeached;"
2. The constitutional process whereby the House of Representatives may
"impeach" (accuse of misconduct) high officers of the federal government,
who are then tried by the Senate.
Indictment
The formal charge issued by a grand jury stating that there is enough
evidence that the defendant committed the crime to justify having a trial;
it is used primarily for felonies
Injunction
A court order prohibiting a defendant from performing a specific act, or
compelling a defendant to perform a specific act.
Jurisdiction
1. The legal authority of a court to hear and decide a case;
2. The geographic area over which the court has authority to decide cases.
Jury
The group of persons selected to hear the evidence in a trial and render a
verdict on matters of fact.
Jury Instructions
A judge's directions to the jury before it begins deliberations regarding
the factual questions it must answer and the legal rules that it must
apply.
Jurisprudence
The study of law and the structure of the legal system.
Magistrate Judge
A judicial officer of a district court who conducts initial proceedings in
criminal cases, decides criminal misdemeanor cases, conducts many pretrial
civil and criminal matters on behalf of district judges, and decides civil
cases with the consent of the parties.
Misdemeanor
An offense punishable by one year of imprisonment or less.
Mistrial
An invalid trial, caused by fundamental error. When a mistrial is
declared, the trial must start again with the selection of a new jury.
Motion
A request by a litigant to a judge for a decision on an issue relating to
the case.
Nolo Contendere
No contest. A plea of nolo contendere 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.
Opinion
A judge's written explanation of the decision of the court.
Oral Argument
An opportunity for lawyers to summarize their position before the court
and also to answer the judges' questions
Petit Jury (or trial jury)
A group of citizens who hear the evidence presented by both sides at trial
and determine the facts in dispute. Federal criminal juries consist of 12
persons. Federal civil juries consist of at least six persons.
Petty Offense
A federal misdemeanor punishable by six months or less in prison.
Plea
In a criminal case, the defendant's statement pleading "guilty" or "not
guilty" in answer to the charges.
Pleadings
Written statements filed with the court which describe a party's legal or
factual assertions about the case.
Precedent
A court decision in an earlier case with facts and legal issues similar to
a dispute currently before a court. Judges will generally "follow
precedent"-meaning that they use the principles established in earlier
cases to decide new cases that have similar facts and raise similar legal
issues. A judge will disregard precedent if a party can show that the
earlier case was wrongly decided, or that it differed in some significant
way from the current case.
Pre-Sentence Report
A report prepared by a court's probation officer, after a person has been
convicted of an offense, summarizing for the court the background
information needed to determine the appropriate sentence.
Pretrial Conference
A meeting of the judge and lawyers to plan the trial, to discuss which
matters should be presented to the jury, to review proposed evidence and
witnesses, and to set a trial schedule. Typically, the judge and the
parties also discuss the possibility of settlement of the case.
Pretrial Services
A department of the district court that conducts an investigation of a
criminal defendant's background in order to help a judge decide whether to
release the defendant into the community before trial.
Probation
A sentencing alternative to imprisonment in which the court releases
convicted defendants under supervision of a probation officer, who makes
certain that the defendant follows certain rules (e.g., gets a job, gets
drug counseling, etc.).
Probation Officer
Officers of the probation office of a court. Probation officer duties
include conducting presentence investigations, preparing presentence
reports on convicted defendants, and supervising released defendants.
Pro Se
A Latin term meaning "on one's own behalf"; in courts, it refers to
persons who present their own cases without lawyers.
Prosecute
To charge someone with a crime. A prosecutor tries a criminal case on
behalf of the government.
Record
A written account of the proceedings in a case, including all pleadings,
evidence, and exhibits submitted in the course of the case.
Remand
The act of an appellate court sending a case to a lower court for further
proceedings.
reverse
The act of an appellate court setting aside the decision of a trial court.
A reversal is often accompanied by a remand to the lower court for further
proceedings.
Sentence
The punishment ordered by a court for a defendant convicted of a crime.
Sentencing Guidelines
A set of rules and principles established by the United States Sentencing
Commission that trial judges use to determine the sentence for a convicted
defendant.
Sequester
To separate. Sometimes juries are sequestered from outside influences
during their deliberations.
Statute
A law passed by a legislature.
Subpoena
A command, issued under authority of a court or other authorized
government entity, to a witness to appear and give testimony.
Subpoena Duces Tecum
A command to a witness to appear and produce documents.
Summary Judgment
A decision made on the basis of statements and evidence presented for the
record without a trial. It is used when it is not necessary to resolve any
factual disputes in the case.
Temporary Restraining Order
Prohibits a person from taking an action that 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 only until a hearing can be held.
Sometimes referred to as a "T.R.O."
Testimony
Evidence presented orally by witnesses during trials or before grand
juries.
Transcript
A written, word-for-word record of what was said, either in a proceeding
such as a trial, or during some other formal conversation, such as a
hearing or oral deposition.
U.S. Attorney
A lawyer appointed by the President in each judicial district to prosecute
and defend cases for the federal government. The U.S. Attorney employs a
staff of Assistant U.S. Attorneys who appear as the government's attorneys
in individual cases.
Venue
The geographical location in which a case is tried.
Verdict
The decision of a trial jury or a judge that determines the guilt or
innocence of a criminal defendant, or that determines the final outcome of
a civil case.
Voir Dire
The process by which judges and lawyers select a trial jury from among
those eligible to serve, by questioning them to make certain that they
would fairly decide the case. "Voir dire" is a phrase meaning "to speak
the truth."
Warrant
A written order authorizing official action by law enforcement officials,
usually directing them to arrest the individual named in the warrant. A
search warrant orders that a specific location be searched for items,
which if found, can be used in court as evidence.
Witness
A person called upon by either side in a lawsuit to give testimony before
the court or jury.
Writ
A formal written command or order, issued by the court, requiring the
performance of a specific act
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