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Legal Terms
week 5
| Term | Definition |
|---|---|
| ACQUITTAL | a jury verdict that a criminal defendant is not guilty or the finding of a judge that the evidence is insufficient to support a conviction. |
| ADMISSIBLE | a term used to describe evidence that may be considered by a jury or judge in civil and criminal cases. |
| AFFIDAVIT | a written or printed statement made under oath |
| AFFIRMED | in the practice of the court of appeals, it means that the court of appeals has concluded that the lower court decision is correct and will stand as rendered by the lower court. |
| ALTERNATE JUROR | a juror selected in the same manner as a regular juror who hears all the evidence but does not help decide the case unless called on to replace a regular juror. |
| AMICUS CURIAE | Latin for "friend of the court." It is advice formally offered to the court in a brief filed by an entity interested in, but not a party to, the case. |
| ANSWER | formal written statement by a defendant in a civil case that responds to a complaint, articulating the grounds for defense. |
| APPEAL | a request made after a trial by a party that has lost on one or more issues that a higher court review the decision to determine if it was correct. |
| APPELLANT | the party who appeals a district court's decision, usually seeking reversal of that decision. |
| APPELLATE COURT | court with the power to review the judgment of a lower court (trial court) or tribunal. |
| APPELLEE | party who opposes an appellant's appeal, and who seeks to persuade the appeals court to affirm the district court's decision. |
| ARRAIGNMENT | a proceeding in which a criminal defendant is brought into court, told of the charges in an indictment or information, and asked to plead guilty or not guilty. |
| ASSETS | property of all kinds, including real and personal, tangible and intangible. |
| ASSUME | an agreement to continue performing duties under a contract or lease. |
| AUTOMATIC STAY | injunction that stops lawsuits, foreclosures, garnishments, and most collection activities against the debtor the moment a bankruptcy petition is filed. |
| BAIL | release, prior to trial, of a person accused of a crime, under specified conditions designed to assure that person's appearance in court when required. |
| BANKRUPTCY | legal procedure for dealing with debt problems of individuals and businesses |
| BENCH TRIAL | a trial without a jury, in which the judge serves as the fact-finder. |
| BRIEF | a written statement submitted in a trial or appellate proceeding that explains one side's legal and factual arguments. |
| BURDEN OF PROOF | the duty to prove disputed facts. |
| CAPITAL OFFENSE | a crime punishable by death. |
| CASE FILE | a complete collection of every document filed in court in a case. |
| CASE LAW | the law as established in previous court decisions (legal precedent). |
| CASELOAD | the number of cases handled by a judge or a court. |
| CAUSE OF ACTION | a legal claim |
| CHAMBERS | offices of a judge and his or her staff. |
| CLAIM | a creditor's assertion of a right to payment from a debtor or the debtor's property. |
| CLASS ACTION | a lawsuit in which one or more members of a large group, or class, of individuals or other entities sue on behalf of the entire class. |
| CLERK OF COURT | the court officer who oversees administrative functions, especially managing the flow of cases through the court. |
| COLLATERAL | property that is promised as security for the satisfaction of a debt |
| COMPLAINT | a written statement that begins a civil lawsuit in which the plaintiff details the claims against the defendant. |
| CONCURRENT SENTENCE | prison terms for two or more offenses to be served at the same time, rather than one after the other. |
| CONFIRMATION | approval of a plan of reorganization by a bankruptcy judge. |
| CONSECUTIVE SENTENCE | prison terms for two or more offenses to be served one after the other. |
| CONTINGENT CLAIM | a claim that may be owed by the debtor under certain circumstances, e.g., where the debtor is a cosigner on another person's loan and that person fails to pay. |
| CONTRACT | an agreement between two or more people that creates an obligation to do or not to do a particular thing. |
| CONVICTION | a judgment of guilt against a criminal defendant. |
| COUNT | an allegation in an indictment or information, charging a defendant with a crime. |
| COURT REPORTER | a person who makes a word-for-word record of what is said in court, generally by using a stenographic machine and then produces a transcript of the proceedings upon request. |