Glossary of Legal Terms

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

A

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.

Active judge

A judge in the full-time service of the court. Compare to senior judge.

Admissible

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 appellate practice, it means that the lower court decision is correct and will stand as rendered.

Alternate juror

A juror selected in the same manner as a regular juror who hears all the evidence but does not decide the case unless called to replace a regular juror.

Alternative dispute resolution (ADR)

A procedure for settling a dispute outside the courtroom.

Amicus curiae

Latin for "friend of the court." Advice formally offered to the court in a brief by an entity interested in the case.

Answer

The formal written statement by a defendant in a civil case responding to a complaint.

Appeal

A request for a higher court to review a lower court decision.

Appellant

The party who appeals a district court's decision.

Appellate

Relating to appeals; a court that reviews the decisions of lower courts.

Appellee

The party opposing an appellant's appeal.

Arraignment

A proceeding in which a criminal defendant is brought into court, informed of the charges, and asked to plead.

Assets

Property of all kinds, including real, personal, tangible, and intangible.

Assume

An agreement to continue performing duties under a contract or lease.

Automatic stay

An injunction that automatically stops lawsuits, foreclosures, and most collection activities upon the filing of a bankruptcy petition.

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B

Bail

The release, prior to trial, of a person accused of a crime under conditions to ensure their court appearance.

Bench trial

A trial without a jury where the judge acts as the fact-finder.

Brief

A written statement that explains one side's legal and factual arguments in a trial or appellate proceeding.

Burden of proof

The duty to prove disputed facts; in criminal cases, it is on the government and in civil cases, on the plaintiff.

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C

Capital offense

A crime punishable by death.

Case file

A complete collection of every document filed in court for a case.

Case law

The law established in previous court decisions, also known as legal precedent.

Caseload

The number of cases handled by a judge or court.

Cause of action

A legal claim.

Chambers

The offices of a judge and his or her staff.

Chief judge

The judge responsible for the administration and supervision of the courts within the judicial circuit.

Claim

A creditor's assertion of a right to payment from a debtor.

Clerk of court

The court officer who manages administrative functions and case flow.

Collateral

Property promised as security for the satisfaction of a debt.

Common law

The legal system originating in England based on judicial decisions and tradition.

Community service

A court-imposed requirement for unpaid work for a civic or nonprofit organization.

Complaint

A written statement that initiates a civil lawsuit by detailing the claims against the defendant.

Concurrent sentence

Prison terms for multiple offenses to be served simultaneously.

Consecutive sentence

Prison terms for multiple offenses served one after the other.

Contract

An agreement between two or more parties creating an obligation.

Conviction

A judgment of guilt against a criminal defendant.

Counsel

Legal advice or the lawyers representing a party in a case.

Court

A government entity authorized to resolve legal disputes.

Court Administration

The office that handles judicial support functions, including budget, policy, and staffing.

Court reporter

A person who records court proceedings and produces a transcript.

Count

An allegation in an indictment or information charging a defendant with a crime.

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D

Damages

Monetary compensation paid by a defendant if a plaintiff wins a civil case, which can be compensatory or punitive.

Defendant

The person or business against whom a lawsuit is filed (or the person accused in a criminal case).

Declaratory judgment

A judge’s statement defining the rights of parties without ordering any specific action.

De facto

In fact or actually, even if not legally recognized.

Default judgment

A judgment in favor of the plaintiff when the defendant fails to respond or appear in court.

De jure

By operation of law; legally recognized.

De novo

A completely new trial or review without deference to previous decisions.

Deposition

An oral statement made under oath used to gather evidence before trial.

Discovery

Pretrial procedures to obtain evidence and information from the other party.

Dismissal with prejudice

A dismissal that prevents the same lawsuit from being filed again.

Dismissal without prejudice

A dismissal that allows a lawsuit to be refiled in the future.

Docket

A log of all the proceedings in a case.

Due process

The constitutional guarantee of fair treatment through the judicial system.

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E

Evidence

Information presented to help persuade a judge or jury to decide in favor of one side.

Exclusionary rule

A rule that prevents evidence obtained in violation of constitutional rights from being used in court.

Exculpatory evidence

Evidence that suggests a defendant did not commit the crime.

Ex parte

A proceeding conducted for the benefit of one party without the other party being present.

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F

Felony

A serious crime typically punishable by imprisonment for more than one year.

File

To submit a document with the court for official record.

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G

Grand jury

A group of citizens who determine whether there is probable cause to charge someone with a crime.

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H

Habeas corpus

A writ requiring a person under arrest to be brought before a judge to determine the legality of the detention.

Hearsay

Evidence based on what someone else has said, typically not admissible in court.

Home confinement

A court-imposed restriction that confines a defendant to their home, often monitored electronically.

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I

Impeachment

The process of challenging the credibility of a witness or the process of charging a government official with misconduct.

In camera

Proceedings held in a judge’s chambers, away from the public and jury.

Inculpatory evidence

Evidence that indicates a defendant did commit the crime.

Indictment

A formal charge issued by a grand jury that there is enough evidence to bring a case to trial.

In forma pauperis

Permission granted by the court to file a case without paying court fees due to inability to pay.

Injunction

A court order preventing a party from taking a specific action.

Interrogatories

Written questions submitted by one party to another as part of discovery, which must be answered under oath.

Issue

The disputed point or question that the court needs to resolve.

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J

Judge

An official with authority to hear and decide cases in court.

Judgeship

The position or office of a judge.

Judgment

The final decision rendered by a court resolving the dispute between the parties.

Jurisdiction

The legal authority of a court to hear a case and issue a ruling.

Jurisprudence

The study and theory of law and legal systems.

Jury

A group of citizens selected to hear evidence and decide a case.

Jury instructions

The directions given by a judge to the jury regarding the laws that should be applied in deliberating a verdict.

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K

No entries.

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L

Lawsuit

A legal action initiated by a plaintiff against a defendant based on a claim of wrongdoing.

Lien

A legal claim or charge on property as security for a debt or obligation.

Litigation

The process of taking legal action; a lawsuit.

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M

Magistrate judge

A judge with authority to hold preliminary hearings in criminal cases and conduct certain bench trials.

Mental health treatment

A court-imposed condition requiring an individual to undergo evaluation or treatment for a mental disorder.

Misdemeanor

An offense punishable by imprisonment for one year or less.

Mistrial

An invalid trial declared due to a fundamental error, requiring a new trial.

Moot

A matter not subject to a court ruling because the controversy has ended or never arose.

Motion

A formal request made to a court for an order or ruling on a particular issue.

Motion in Limine

A pretrial motion requesting that certain evidence be excluded from being presented to the jury.

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N

Nolo contendere

A plea of no contest which has the same effect as a guilty plea in sentencing, but is not considered an admission of guilt for other purposes.

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O

Opinion

A judge’s written explanation of the court’s decision in a case.

Oral argument

An opportunity for lawyers to present their positions and answer questions from the judges.

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P

Parole

The conditional release of a prisoner before the completion of their sentence, subject to supervision.

Party in interest

A party who has standing to be heard in a matter before the court.

Per curiam

A decision issued by the court as a whole rather than a specific judge.

Petit jury

A trial jury composed of citizens who decide the facts in dispute during a trial.

Plaintiff

The party who initiates a lawsuit by filing a complaint with the court.

Plea

The defendant’s formal answer of "guilty" or "not guilty" in a criminal case.

Pleadings

Written statements submitted by both parties outlining their legal arguments and claims.

Precedent

A court decision that serves as a rule or guide for future cases with similar facts or issues.

Pretrial conference

A meeting between the judge and lawyers to discuss the trial process, evidence, and settlement possibilities.

Probation

A sentencing option that releases a defendant into the community under supervision instead of incarceration.

Probation officer

An officer responsible for supervising offenders placed on probation.

Procedure

The rules that govern the process of litigation in a court.

Pro se

Representing oneself in court without a lawyer.

Prosecute

To bring legal action against someone for a crime.

Pro tem

Abbreviation for "pro tempore," meaning temporary.

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Q

No entries.

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R

Record

A written account of the proceedings in a case.

Reverse

The act of a higher court setting aside the decision of a lower court.

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S

Sanction

A penalty imposed to enforce compliance with the law or court rules.

Senior judge

A judge who has taken senior status, usually resulting in a reduced caseload.

Sentence

The punishment ordered by a court for a defendant convicted of a crime.

Sentencing guidelines

Rules and principles used to determine the appropriate sentence for a convicted defendant.

Service of process

The delivery of legal documents to a party involved in a lawsuit.

Settlement

An agreement reached between parties to resolve a lawsuit without a trial.

Sequester

To isolate the jury from outside influences during deliberations.

Standard of proof

The level of certainty required to prove a fact in court (e.g., beyond a reasonable doubt in criminal cases).

Statute

A law enacted by a legislative body.

Statute of limitations

The time limit within which legal action must be initiated.

Sua sponte

Action taken by the court on its own initiative without a request from either party.

Subordination

The ranking of claims or rights, typically where one is secondary to another.

Subpoena

A court order requiring a person to attend a proceeding or produce documents.

Subpoena duces tecum

A subpoena that orders a person to bring specific documents or evidence.

Substance abuse treatment

A court-ordered program for testing and treatment of illegal or prescription drug abuse.

Summary judgment

A ruling based on the undisputed facts in a case without a full trial.

Supervised release

A period of supervision after prison during which the court monitors the offender’s behavior.

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T

Temporary restraining order

A short-term order issued by a judge to temporarily prevent certain actions until a full hearing can be held.

Testimony

Evidence given orally by a witness in court.

Tort

A civil wrong (other than breach of contract) for which the injured party may seek damages.

Transcript

A written, word-for-word record of what was said during a proceeding.

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U

No entries.

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V

Venue

The geographic area in which a court has jurisdiction and where a case is tried.

Verdict

The decision reached by a jury or judge in a trial.

Voir dire

The jury selection process, involving questioning prospective jurors to determine their qualifications.

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W

Warrant

A court order authorizing law enforcement to take a specific action, such as conducting a search or making an arrest.

Witness

A person called to testify in court about what they have seen, heard, or know regarding the case.

Writ

A written court order directing a person to take, or refrain from taking, a particular action.

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X

No entries.

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Y

No entries.

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Z

No entries.

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