A B C D E F G H I J K L M N O P Q R S T U V W X Y Z
Select the first letter of the word from the list above to jump to
appropriate section of the glossary.
A
Acquittal
Legal
judgment that a criminal defendant has not been proved guilty beyond a reasonable
doubt of the charges against
him.
Action
Case, cause, suit or controversy disputed
or contested before a court of justice.
Affidavit
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.
Affirmed
In the practice of the appellate courts,
the decree or order is declared valid and will stand as rendered in the lower
court.
Allegation
A claim or statement of what a party
intends to prove; the facts as one party claims they are.
Allege
To claim or declare that something is so.
Amendment
The correction of an error in any process,
pleading, or proceeding at law.
Answer
The formal written statement by a defendant
responding to a complaint setting forth the grounds for his defense.
Appeal
A review by a higher court of the judgment
or decision of a lower court.
Appellee
The party against whom the appeal is taken.
Arraignment
A proceeding in which the criminal
defendant is called into court, the indictment is read to him, and he is
called on
to plead.
Arrest
Taking physical custody of a person by
lawful authority, for the purpose of holding him to answer a criminal
charge.
Back to Top
B
Bail
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.
Bond
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.
Brief
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.
Back
to Top
C
Capias
A writ requiring the marshal to take a
defendant into custody.
Challenge
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.
Cite
(1) 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.
(2) 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.
Civil Action
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.
Complainant
The party who complains or sues; one
who applies to the Court for legal redress, also called the plaintiff.
Conviction
A judgment of guilt against a criminal
defendant.
Costs
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.
Cross-examination
After a witness has given evidence,
the attorney for the opposing party examines or questions him about
his testimony
to verify
or refute
it.
Counter-claim
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.
Cross-claim
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.
Back to Top
D
Damages
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.
Defendant
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.
Deposition
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.
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.
District Courts
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.
Docket
A book in which brief entries of all court
proceedings are recorded.
Document
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.
Back to Top
E
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.
Evidence
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.
Examination
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.
Back to Top
F
Federal Question
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.
File
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.
Back to Top
G
No entries at this time.
Back to Top
H
Habeas Corpus
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.
Hearing
A relatively formal proceeding similar
to a trial, with one or more legal issues to be agreed upon or determined.
Back
to Top
I
Impeach
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.
In Rem
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.
Indictment
The formal charging of the defendant
with a particular crime by a grand jury.
Information
The formal accusation charging the
defendant with a particular crime but brought by the U.S. Attorney, rather
than by the grand jury.
Injunction
A temporary or permanent order of
the Court prohibiting the performance of some specific act in order to prevent
irreparable damage
or injury.
Interrogatories
Written questions asked by one
party and served on an opposing party who must answer them in writing under
oath as a discovery
device.
Intervention
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.
Issue
(1) 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.
(2)
To send out officially (to issue an order).
Back to Top
J
Judgment
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.
Jurisdiction
The power or legal authority of
the Court to hear and decide a case.
Jury
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.
Back to Top
K
No entries at this time.
Back to Top
L
Litigant
A party to a lawsuit.
Litigation
A case, controversy, or lawsuit.
Local Rules
A particular set of rules for each
court governing matters not determined by the Federal Rules of Procedure.
Back to Top
M
Mandamus
Literally, "We command." It
is a command of a higher court to a lower court or a public officer to perform
a lawful duty.
Minutes
A record of what takes place in court.
Mistrial
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.
Moot
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.
Back to Top
N
Nolo Contendere
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.
Notice
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.
Back to Top
O
Opinion
A formal judicial statement of the legal
reasoning upon which the judgment is based.
Back to Top
P
Parties
The persons or entities who prosecute
or defend a lawsuit.
Peremptory Challenge
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.
Plea
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.
Pleading
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.
Pre-trial
Conference
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.
Probation
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.
Procedure
The rules for the conduct of a lawsuit.
Proceeding
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.
Process
The summons or any other writ which may
be used during the progress of the case.
Back to Top
Q
Quash
To annul or make void.
Back to Top
R
Record
A written memorial of all the acts and
proceedings in an action or suit.
Remand
To send back. The act of the appellate
court in sending a case back to the district court for further action.
Return
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.
Reversal
The act of an appellate court annulling
a judgment of a lower court because of an error.
Back to Top
S
Service
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.
Subpoena
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.
Summons
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.
Suppress
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.
Back to Top
T
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.
Testimony
Oral evidence given by a witness under oath.
Transcript
The typewritten transcription of the shorthand
notes of the proceedings in court.
Back to Top
UNo entries at this time.
Back to Top
V
Venue
The geographical location in which a case is tried.
Verdict
The formal decision or finding made by the jury
upon the matters or questions submitted to them at the trial.
Voir Dire
The preliminary examination of a juror to
determine his competency or impartiality to serve on a case.
Back to Top
W
Writ
A formal written command, issued from the Court,
requiring the performance of a specific act.
Back to Top
XNo entries at this time.
Back to Top
YNo entries at this time.
Back to Top
ZNo entries at this time.
Back to Top
|