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BL1.2B Trials (More)
BusLaw1 Trials (Additional Terms)
| Term | Definition |
|---|---|
| adjudicatory hearing | Hearing with the purpose of making a judicial ruling. It is sometimes used in juvenile criminal cases as another term for a trial. At such a hearing, the judge determines whether the facts as stated in the petition or warrant are true. |
| affidavit | a written statement confirmed by oath or affirmation, for use as evidence in court. |
| arrest warrant | A written order issued by authority of the state and commanding the seizure of the person named. |
| bailiff | Minor officer of a court serving primarily as a messenger or usher. |
| civil case | Case involving private disputes between persons or organizations. |
| closing arguments | Happens after evidence is presented. The concluding statement of both sides of a case reiterating the important arguments of a court case. |
| criminal case | A court proceeding in which a person who is charged with having committed or omitted an act against the community or state is brought to trial and either found not guilty or guilty and sentenced. |
| damages | Payment recovered in court by a person who has suffered an injury |
| defendant | A person who is accused of a crime |
| defense attorney | A lawyer specializing in the defense of individuals and companies charged with criminal activity. |
| discovery | A pre-trial procedure in a lawsuit in which each party obtains evidence from the other party. Includes request for answers to interrogatories, request for documents, request for admissions and depositions. Can also include non-party subpoenas. |
| dispositional hearing | The sentencing stage of the juvenile proceedings. The purpose is to provide a program of treatment, training, and rehabilitation. It is a hearing held to determine the most appropriate form of custody or treatment for a juvenile |
| docket | A list of legal causes to be tried; the caseload of a court or judge |
| documentary evidence | Any evidence introduced at a trial in the form of documents. Although this term is most widely understood to mean writings on paper (such as an invoice, a contract or a will), the term actually includes any media by which information can be preserved. |
| evidence | Every type of proof legally presented at trial which is intended to convince the judge and/or jury of alleged facts material to the case. Includes oral testimony, documentary evidence, and circumstantial evidence (but does not include hearsay or rumors) |
| expert witness | A person who is permitted to testify at a trial because of special knowledge or proficiency in a particular field that is relevant to the case. Is paid for their time. |
| fine | A sum of money, which is ordered to be paid for the punishment of an offence. |
| grand jury | A panel of citizens that is convened by a court to decide whether it is appropriate for the government indict (proceed with a prosecution against) someone suspected of a crime. |
| hung jury | A trial jury who are unable to reach consensus on a verdict. The judge will declare a mistrial. A new trial from scratch, with a new jury panel, is required. The subsequent trial is not a violation of the constitutional prohibition of Double Jeopardy. |
| interrogation | The questioning of a suspect or witness by law enforcement authorities |
| lay witness | also known simply as a “witness,” is any person who gives testimony in a case, but who is not an expert. This person may be the plaintiff, the defendant, or someone who saw the incident. |
| litigation | An action brought in court to enforce a particular right. The act or process of bringing a lawsuit in and of itself. |
| mistrial | A trial that is rendered invalid through an error in the proceedings. The judge decides that some mistake has been made and the trial must begin again from the start, with a new jury. |
| opening statements | The first occasion that the trier of fact (jury or judge) has to hear from a lawyer in a trial, aside possibly from questioning during voir dire. |
| petit jury | An old-fashioned name for the jury that hears a lawsuit or criminal prosecution in order to return an indictment or not. Derived from the French term meaning "small." |
| physical evidence | any material object that plays some role in the matter that gave rise to the litigation, introduced in a trial, intended to prove a fact in issue based on the object's demonstrable physical characteristics. |
| plaintiff | The party that accuses a person of a crime |
| pleadings | The first stage of a lawsuit in which parties formally submit their claims and defenses. Plaintiff submits a complaint; defendant submits an answer. |
| probation | A punishment given out as part of a sentence which means that instead of jailing a person convicted of a crime, a judge will order that the person reports to an individual regularly and according to a set schedule. |
| prosecutor | The government attorney who presents the case in court against the person accused. AKA: Prosecuting attorney |
| remedy | A legal means of enforcing a right or correcting a wrong |
| sentence | the punishment given to a person convicted of a crime |
| statutes of limitations | The law that specifies the time within which a contract may be legally enforced; Establishes a time limit for suing in a civil case, based on the date when the breach occurred or was discovered |
| subpoena | A formal document that orders a named individual to appear before a duly authorized body at a fixed time to give testimony. |
| summons | A call by an authority to appear, come, or do something; An order or process directing a person, especially a defendant in a case, to appear in court; An order or process directing a person to report to court as a potential juror. |
| warrant | An order (writ) of a court which directs a law enforcement officer to arrest and bring a person before the judge |
Created by:
C.Westcott
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