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AAERT - Legal Terms
Legal Terms - Common phrases and terms
| Term | Definition |
|---|---|
| Action | lawsuit |
| Adverse Witness | Their testimony is prejudicial to the case of the party who called them. |
| Affidavit | Written statement of facts made under oath (signed by affiant) |
| Affirm | To declare solemnly and formally. |
| Aggravating / Mitigating Circumstances | Considerations which INCREASE or DECREASE a criminal sentencing |
| Allocution | Formal statement by convicted defendant as to whether there is any reason why a judgment should not be rendered against him. |
| Complaint Answer | Response by defendant denying plaintiff's complaint |
| Arbitration | Dispute mediation by impartial third party |
| Arraignment | Bringing an accused person into court to please to a criminal charge |
| Bench Conference | Discussion between attorneys and the judge outside the hearing of the Jury or courtroom audience. |
| Bench Warrant | Authority to find and bring to court someone who has failed to appear |
| Beyond a Reasonable Doubt/Preponderance of Evidence | Standard for conviction in criminal trial; standard for winning in a civil matter |
| Bifurcation | When one trial is held to decide which party wins and a separate hearing is held to determine penalty |
| Black Letter Law | Basic principles of law |
| Black's Law Dictionary | Standard legal reference work including abbreviations and other materials |
| briefs | Papers submitted by attorneys pre- or post-trial, explaining and defending their client's positions |
| Burden of Proof/Standard of Evidence | Obligation to provide affirmative proof on an issue; how much or what type of evidence needed to bear that burden |
| case in chief | primary presentation of evidence by a party |
| case law | printed decisions and opinions of appellate jurisdictions |
| cause of action | situation causing a lawsuit |
| writ of Ceritiorari | An appellate court order (especially from the Supreme Court) granting a hearing to an appellant; if a hearing is granted, the lower court is required to provide record of case for appellate judges to review |
| chain of custody | record showing proper maintenance of "real" evidence such as seized narcotics, weapons, as opposed to mere documents |
| challenge | objection to having someone serve as a juror (may be "for cause" ie when person does not speak English) |
| Charge to the Jury | Instructions from the judge concerning the law which governs a case |
| chattel | Article of personal or movable property |
| Circuit Court of Appeal | Federal Appellate level immediately below the Supreme Court |
| Summation (closing statement) | An attorney's final statement in a trial; the concluding argument of each party's counsel made before jury deliberation begins. |
| Cloud on title - quiet title | Claim or lien which impairs an owner's otherwise free right to use his property; action brought to remove such a claim |
| C.F.R. | Code of Federal Regulations - regulatory agency rules and regs which implement federal law |
| collateral estoppel | A bar to re-litigating an issue already been tried between the same parties |
| colloquy | Any formal conference, conversation, or discussion between lawyers, the judge, or other parties during a judicial proceeding |
| Complaint - answer | Plaintiff's initial pleading which a defendant initially answers |
| contempt | willfully disobeying a court order |
| counter-claim | defendant's claim against a plaintiff |
| court minutes | summary records of events in a case kept by the Clerk of Court |
| cross-examination | Questions by an opposing party after the side calling the witness has examined |
| Declarant | One having an interest in a matter who makes an unsworn statement (declaratiaon) |
| demurrer | Assertion by a defendant that, although certain facts alleged against them may be true, they do not entitle the plaintiff to prevail |
| deposition | Questioning by attorneys of a party or witness under oath |
| direct examination | The first questioning by the attorney (or unrepresented party) who called the witness |
| direct testimony | answers given to questions posed by the attorney who called the witness |
| discovery | pretrial gathering and subsequent exchange of evidence |
| dismissed with/without prejudice | case dismissed that cannot be brought again or can be when appropriate |
| emend | to change or correct to improve the quality of a document |
| entrap | induce a person to commit a crime who otherwise would not commit one |
| equity | branch of law dealing with just results in specific cases, not strict general rules |
| errata | substantive errors found in a deposition or other document |
| estoppel - collateral estoppel | a bar or impediment to prevent re-litigation issues which have already been tried |
| evidence | items, written or oral, audible, visual, presented to support allegations in a case, including physical objects |
| examination | questions posted to a witness or deponent |
| execute | sign, complete, perform |
| exhibit | tangible item of evidence |
| expert/lay witness | One having special expertise which may assist in court/one who is connected with the case |
| extradition | bringing someone in custody from one state to another state or county |
| F.2d; F.3d | second or third sets of published federal appellate decisions; the Federal Reporter series of volumes |
| federal question | case or issue which involves federal law or constitutional claims |
| forum | venue or tribunal |
| Grand Jury | a special jury in criminal law which determines if evidence is sufficient to warrant a trial; issues an indictment if evidence is sufficient |
| gravamen | part of a charge that weighs most heavily against the accursed, or primary subject matter of an issue |
| hearsay/hearsay rule | statement made by someone other than the witness who is testifying; second- or third-party statements |
| hypothecate | to pledge property as collateral for a debt |
| hostile witness | Witness called by one side with interests lying in other party |
| impeached - rehabilitated | testimony contradicted with sufficient proof as to affect a witness' credibility - reestablishing that credibility with further evidnece |
| indictment-charges-counts | formal criminal charge laid against a person - the counts of the indictments are the individual acts alleged to have broken the law |
| inference | logical conclusion drawn from a basis assumed or known to be true |
| informant | one who gives information |
| injunction | an order either forbidding (or sometimes compelling) an action |
| interlocutory | provisional or temporary |
| interrogatories | written questions posed before trial; written answers may be used during trial |
| intervenor | A person voluntarily joining an action with permission of the court |
| intestate | dying without having prepared a valid will |
| joinder | joining lawsuits together, or joining parties together in a single suit |
| judgment | official court decision |
| Subject matter Jurisdiction | cases or issues a court is authorized to hear |
| Geographic Jurisdiction | area within which a court may exercise its authority to hear cases |
| Original Jurisdiction | No court, other than the specific one holding original jurisdiction, may initially consider the matter in question |
| Jury instructions | The court's explanation of the law applicable in a case given to the jury before deliberating |
| Juror challenge - peremptory/for cause | either party may challenge a prospective juror; no reason must be given/some rational reason underlies the challenge |
| Jury venire / venire facias | Eligible citizens from which a jury is drawn |
| justiciable | an issue which a court is capable to decide or a question appropriate for judicial consideration |
| nonjusiticiable | An issue that a court cannot entertain, such as political questions reserved for Congress or a state legislature |
| Landmark or Benchmark decision | particularly important holding or ruling that affects large segments of society, establishes important new legal principles, or changes established ones |
| lien | legal right or claim on specific property which attaches to the property until the debt is satisfied |
| mechanic's lien | Statutory claim created to ensure payment to contractors and suppliers on construction projects |
| minutes | chronological record or recap of court proceedings |
| mistrail | inability of a jury to reach a verdict; declared when certain technical violations of court rules are deemed to be of such significance as to threaten a possible miscarriage of justice |
| mitigating/aggravating circumstances | Considerations that increase/decrease a criminal sentencing |
| motion | application made for some action to be taken or ruling made by a court |
| motion in limine | motion filed by a party to a lawsuit which asks the court for an order or ruling limiting or preventing certain evidence from being presented by the other side at the trial of the case. |
| Motion to compel | (motion in limine in the nature of injunction) requires a party to comply with some court ruling |
| nonsuit | An action which is insufficient on its face to permit trial |
| oath/swear/affirmation | A witness' formal promise to tell the truth while testifying |
| official record | The transcript of court proceedings, exhibits, and all physical evidence |
| On all fours / on point | cases or court decisions whose underlying facts are similar |
| opening statement | introductory remarks made by an attorney at the start of trial; an outline of evidence of to be presented and facts to be proven |
| opinion testimony | testimony provided by expert witnesses who have special expertise and therefore qualified to consider hypothetical situations to aid the court's understanding |
| OR | own recognizance - a criminal defendant who is released from custody on simple promise to appear in court, not by posting bond |
| party | relative equality as in status, amount, or value |
| pecuniary damages | money awarded in compensation for damages sustained |
| percipient witness | an eye witness with firsthand knowledge of a matter |
| peremptory challenge | Rejecting a prospective juror without having to reveal any reason why |
| plea/pleadings/prayer | Document presented to a court by a plaintiff which cites alleged wrongdoing on the part of a defendant and requests specific relief |
| precedent | A prior court ruling or opinion |
| prejudice | bias or preconceived opinion formed before evidence is fully heard |
| presumption of innocence | principle that a criminal defendant is considered innocent until proven guilty |
| Preponderance of evidence | The standard of winning in a civil matter |
| Beyond a reasonable doubt | standard of conviction in a criminal trial |
| privity of contract | contractual relationship between parties |
| probable cause | sufficient reason for law enforcement agents to obtain a search warrant or detain someone [suspected of committing a crime] |
| probation | releasing a person found guilty of an offense under strict supervision |
| proof hearing | Hearing where plaintiff presents the actual evidence supporting a position - after a default judgment |
| punitive damages | Money awarded to plaintiff above and beyond actual damages suffered, designed to punish the defendant and warn others against pursuing such court of action |
| Rebut/rebuttal | Evidence presented by plaintiff to contradict points made in the defendant's case |
| Surrebuttal | Evidence presented by defendant to counteract plaintiff's rebuttal |
| recant | formal retraction of a previous statement |
| recidivism | A habitual/repeat criminal |
| recross | Further questioning of a witness after redirect examination (by opposing party) |
| recuse | to disqualify; a judge is expected to recuse themself when there is a conflict of interest or may otherwise be biased |
| redact | to edit or revise, as in preparing a document for publication |
| redirect | Further questioning of a witness after cross-examination (by party who called witness) |
| remainderman | Person who is to receive property after death of a life tenant |
| Remitter | Operation of law which restores an earlier valid title, thus replacing a later defective title |
| Remittitur | A court's order reducing the amount of a crossly excessive jury award |
| rescission | cancellation or annulment (especially of a contract) |
| riparian | relating to water rights and access to rivers and strams |
| ruling | a court's decision on a legal question raised in a case |
| scofflaw | one who not only breaks the law but holds it in contempt |
| sealed | not open to public scrutiny |
| Sentencing | procedure after criminal trial when severity of the sentence is decided and imposed |
| settlemen | An agreement between parties |
| Sehpardizing | Legal research into the ultimate outcome of a case after appeals |
| sidebar | Discussion between counsel and judge outside the hearing of the jury |
| Standard of Evidence | How much or what type of evidence needed to prevail |
| Burden of Proof | Obligation to provide affirmative evidence on an issue |
| Standing (to sue) doctrine | Having sufficient interest in the outcome of an issue to permit filing a lawsuit or participating in an action |
| Statutory law | law enacted by a legislature |
| Positive law | law enacted by a legislature |
| suborn | To induce commission of an unlawful act, particularly to encourage perjured testimony from a witness |
| Subpoena Duces Tecum | Formal order to appear in court to supply specified documents |
| Subpoena Ad Testificandum | Formal order to appear in court and come prepared to testify |
| Summary Judgment | A judgment entered by a court for one party and against another party summarily, i.e., without a full trial |
| Summons | Official notice served upon a defendant that an action has been brought, and ordering an appearance in court to answer the complaint; an order in an admin proceeding (such as an IRS tax audit) for production of records |
| Surplusage | Irrelevant matter in a proceeding; excessive verbiage |
| Joint tenancy | (tenancy in common) Ownership of real property by two or more persons with undivided interest |
| Testimony | Evidence given by witness under oath |
| Tort / Tortfeasor | A civil wrongdoing / a defendant who is alleged or actually found to have committed such a wrong |
| transcript | verbatim record of court proceeding or deposition |
| Trier of fact | One with responsibility to decide what evidence is true or which witnesses are to be believed |
| U.S.C. | United States Code - body of federal legislation enacted by Congress |
| Verdict | Decision made by a jury in a criminal matter |
| Voir Dire | Examination of a witness as to qualifications to testify on a matter; examination of prospective jurors to see if they are qualified to sit on a jury |
| Within the four corners | "The document speaks for itself" - document contents which require no special interpretation |
| writ | court order requiring that an act be performed |
| Writ of Certiorari | Common law writ issued by a Superior Court to one of inferior jurisdiction demanding the record of a particular case |
| Venue | the territorial jurisdiction of county and municipal courts |
| Writs of mandamus | to compel an official or agency to perform a specific duty (or forbit certain acts from being performed) |
| To prescribe an action | "thou shalt" |
| To proscribe an action | "thou shalt not" |
| What is the recommended microphone placement for a Jury Voir Dire? | Channel 2 (witness) because no witness will be at the stand. For questions submitted by counsel, use 3 and 4. |
| What is the order in which you should troubleshoot your supplies? | Headphones, computer, Recording software, recording channels, sound card or driver software; audio device, microphones. |
Created by:
SailorJuliet
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