Larry King Law - Glossary of Terms

Glossary of Terms Top

The following are important legal terms that will help you to understand courtroom and legal procedures. Click the first letter of the word to help you locate a specific term.

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

Acquit - To find a defendant not guilty of a criminal offense.

Acquittal - Judgment that a criminal defendant has not been proved guilty beyond a reasonable doubt.

Affidavit - A written statement of facts confirmed by the oath of the party making it, before a notary or 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.

Answer - The formal written statement by a defendant responding to a civil complaint, or written motion, and setting forth the grounds for defense or response.

Appeal - A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal."

Appellate - One who appeals is called the appellant. An appellate court has the power to review the judgment of another lower court or tribunal.

Attorneys - Lawyers representing the defendant or the government in a criminal case. An attorney representing the government in a criminal case is called the prosecuting or Commonwealth’s attorney.

Attorney's Objections - An attorney's job at trial includes making objections to exclude or limit any evidence, statement or question believed improper. The attorney does so by saying "Objection!" and explaining his reasons. If the judge agrees, he says "Objection sustained;" if the judge disagrees, he says, "Objection overruled."

Arraignment - A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.

Bail - Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.

Bankruptcy - Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.

Bailiff - The bailiff keeps order, maintains the security of the court and helps the judge and the jury as needed.

Bench Trial - A trial by a judge without a jury.

Brief - A written statement submitted by the lawyer for each side in a case that explains to the judges why they should decide the case or a particular part of a case in favor of that lawyer's client

Burden of proof - This term refers to which side is obligated to prove an issue in a case.

Capital offense - A crime punishable by death.

Capias - A written order directing the arrest of a party.

Case law - The law as laid down in cases that have been decided in the decisions of the courts.

Charge - A formal accusation that someone has committed a criminal offense.

Chambers - A judge's office.

Charge to the jury - The judge's instructions to the jury concerning the law that applies to the facts of the case on trial.

Chief judge - The judge who has primary responsibility for the administration of a court but also decides cases; chief judges are determined by seniority.

Circumstantial evidence - Statements or information obtained indirectly or not based on first-hand experience by a person. Circumstantial evidence can include, in part, inferences about an event that was not seen. For example, if you walk outside and the ground is wet, and you didn't actually see it raining, you could infer that it had rained while you were inside. See also Direct evidence.

Clerk of Court - An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.

Clerk of court - A judge's clerk of court, stays in court during a trial and maintains the court files and preserves the evidence presented during the trial. The clerk may also administer the oaths to jurors and witnesses.

Closing arguments - At the conclusion of all the evidence, each attorney presents to the judge or jury what they think the evidence means and proves, their response to the argument from the other side and why their side should win.

Common law - The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.

Commonwealth Attorney - A lawyer representing a state locality to prosecute cases for a state government. In some states referred to as a District Attorney.

Complaint - A written statement by the plaintiff stating the wrongs allegedly committed by the defendant, and which request certain specified relief and/or monetary damages.

Contract - An agreement between two or more persons that creates an obligation to do or not to do a particular thing.

Conviction - A judgment of guilt against a criminal defendant.

Counsel - Legal advice; a term used to refer to lawyers in a case.

Counterclaim - A claim that a defendant makes against a plaintiff.

Court - Government entity authorized to resolve legal disputes. Judges sometimes use "court" to refer to themselves in the third person, as in "the court has read the briefs."

Court reporter - A person who makes a word-for-word record of what is said in court and produces a transcript of the proceedings upon request.

Cross-examination - An attorney's questioning of a witness called to testify by the other side in the case. The attorney can ask questions that suggest an answer known as “leading questions”.

Damages - Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.

Default judgement - A judgement rendered because of the defendant's failure to answer or appear.

Defendant - In a civil suit, the person complained against; in a criminal case, the person accused of the crime.

Deliberation - The process the jury uses to reach its verdict. During deliberations, the jury will discuss evidence and review law and facts presented during the trial.

Deposition - An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.

District Attorney - A lawyer representing a state locality to prosecute cases for a state government. In some states referred to as a Commonwealth Attorney.

Direct Evidence - Evidence including testimony provided by a witness who saw or heard an event. Direct evidence may also include a videotape or audiotape of an event. See also Circumstantial evidence.

Direct-Examination - The initial questioning by an attorney of a witness they have called to the stand. Generally, the attorney can only ask questions that do not suggest an answer or “non-leading questions”.

Discovery - Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial. This usually takes the form of depositions, interrogatories, request for admissions, and a motion to produce certain items.

Docket - A log containing brief entries of court proceedings.

En banc - "In the bench" or "full bench." Refers to court sessions with the entire membership of a court participating rather than the usual quorum. U.S. courts of appeals usually sit in panels of three judges, but may expand to a larger number in certain cases. They are then said to be sitting en banc.

Evidence - Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.

Exhibit - A paper document or other physical object presented to the court as evidence during a trial.

Federal question - Jurisdiction given to federal courts in cases involving the interpretation and application of the U.S. Constitution, acts of Congress, and treaties.

Felony - A crime carrying a penalty of more than a year in prison.

File - To place a paper in the official custody of the clerk of court to enter into the files or records of a case.

Grand jury - A body of citizens who listen to evidence of criminal allegations, which are presented by the government, and determines whether there is probable cause to believe the offense was committed.

Harmless errors - Errors during trial that do not affect the outcome of the case.

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.

Hearsay - Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.

Impeachment - During a trial, the process of trying to undermine the testimony of a witness. This is sometimes called "impeaching the testimony of a witness." For example, a witness credibility may be called into question by showing they are biased, inaccurate, unreliable, dishonest, or incorrect in some manner.

Inadmissible - Material or information that cannot be admitted or received as evidence under established rules of evidence.

Indictment - The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.

In forma pauperis - In the manner of a pauper. Permission given to a person to sue without payment of court fees on claim of indigence or poverty.

Injunction - An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.

Instructions - Judge's explanation to the jury before it begins deliberations of the questions it must answer and the law governing the case.

Interrogatories - Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.

Issue - (1) The disputed point in a disagreement between parties in a lawsuit. (2) To send out officially, as in to issue an order.

Judge - Government official with authority to decide lawsuits brought before courts. Other judicial officers in the U.S. courts system are Supreme Court justices.

Judgement - The official decision of a court finally determining the respective rights and claims of the parties to a suit.

Jurisdiction - The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. The term may also be used to refer to the geographic area over which the court has authority to decide cases. See also venue.

Jury - Persons selected according to law and sworn to inquire into and declare a verdict on matters of fact.

Jury instructions - Jury instructions tell the jury what the laws are that govern a particular case. Jury instructions include defining the elements of the charge offense defining the burden of proof. Each attorney gives the judge a set of proposed jury instructions. The judge considers each instruction and gives the ones that properly states the law that applies to the case. The jurors must accept and follow the law as instructed by the judge.

Jurisprudence - The study of law and the structure of the legal system.

Lawsuit - A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.

Litigation - A case, controversy, or lawsuit. Participants, plaintiffs and defendants, in lawsuits are called litigants.

Leading question - A question that suggests to a witness the answer the attorney wants to hear. A leading question is generally not permitted on direct examination.

Magistrate judges - Judicial officers who assist U.S. district judges in getting cases ready for trial, who may decide some criminal and civil trials when both parties agree to have the case heard by a magistrate judge instead of a judge. In state courts, such as Virginia, a magistrate issues warrants and sets initial bonds.

Misdemeanor - Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.

Mistrial - An invalid trial, caused by fundamental error. When a mistrial is declared, the trial must start again from the selection of the jury.

Motion - A request made by an attorney for a ruling or an order by a judge on a particular issue.

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.

Opening Argument - At the beginning of a case, the attorneys’ presentation to the judge or jury of their view of the case based upon the anticipated evidence.

Opinion - A judge's written explanation of a decision of the court or of a majority of judges. A dissenting opinion disagrees with the majority opinion because of the reasoning and/or the principles of law on which the decision is based. A concurring opinion agrees with the decision of the court but offers further comment.

Oral argument - An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.

Panel - In appellate cases, a group of judges (usually three) assigned to decide the case. The term is used to refer to a group of potential jurors for the jury selection process.

Parties - Plaintiffs and defendants (petitioners and respondents) to lawsuits, also known as appellants and appellees in appeals, and their lawyers.

Perjury - Lying under oath, which is a criminal offense.

Petit jury (or trial jury) - A group of citizens who hear the evidence presented by both sides at trial and determine the facts in dispute.

Plaintiff - The person who files the complaint in a civil lawsuit.

Plea - In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.

Pleadings - Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.

Polling the jury - Asking jurors individually after the verdict has been read whether they agree with the verdict.

Precedent - A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.

Procedure - The rules for the conduct of a lawsuit; there are rules of civil, criminal, evidence, bankruptcy, and appellate procedure.

Proffer of evidence - Usually, a recitation on the record or offered evidence that the trial judge refused to admit into evidence.

Pretrial conference - A meeting of the judge and lawyers to discuss which matters should be presented to the jury, to review evidence and witnesses, to set a timetable, and to discuss the settlement of the case.

Probation - A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.

Pro se - A Latin term meaning "on one's own behalf"; in courts, it refers to persons who present their own cases without lawyers.

Prosecute - To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.

Question of fact - Deciding what really happened in a case. The judge's or jury's duty is to listen to all the testimony, consider all the evidence, and decide what they think really happened. The evidence given by both sides is usually conflicting in some aspect or the testimony given by one witness contradicts another.

Question of law - Questions of law involve the determination of what the law is. They may be about procedural matters concerning admission of evidence, what kind of questions can be asked, which witnesses can appear, or what they can testify about.

Record - A written account of all the acts and proceedings in a lawsuit.

Recuse - The act whereby a Judge is disqualified from hearing a case. The procedure may be initiated by the judge or one of the parties involved. A motion to recuse asks that the judge step down from the case. For example, the judge may be a family member of the victim of the alleged crime

Remand - When an appellate court sends a case back to a lower court for further proceedings.

Reverse - When an appellate court sets aside the decision of a lower court because of an error. A reversal is often followed by a remand.

Rebuttal - The introduction of opposing evidence to counter other testimony or evidence.

Sanctions - Damages, restrictions, conditions, or summary judgement ordered by a court for the failure of a party or attorney to comply with a rule, regulation, statute, order or procedure.

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

Search warrant - A written order issued by a judge or magistrate, directing a law enforcement officer to search a specific location for specific things or individuals.

Service of process - The service of writs or summonses to the appropriate party.

Settlement - Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.

Sequester - To separate. Sometimes juries are sequestered from outside influences during their deliberations.

Sidebar - A conference between the judge and lawyers held out of earshot of the jury and spectators.

Statute - A law passed by a legislature.

Statute of limitations - A law that sets the time within which parties must take action to enforce their rights.

Stipulation - An agreement by the attorneys that certain facts are true. Facts that have been stipulated do not need to be proven in the trial.

Subpoena - A command to a witness to appear and give testimony.

Subpoena Duces Tecum - A command to a witness to produce documents.

Summary judgment - A decision made on the basis of statements and evidence presented for the record without a trial. It is used when there is no dispute as to the facts of the case, and one party is entitled to judgement as a matter of law.

Temporary restraining order - Prohibits a person from an action that 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 only until a hearing can be held.

Testimony - Evidence presented orally by witnesses during trials or before grand juries.

Tort - A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.

Transcript - A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.

Trier of fact - The factual decision maker of a case. The judge for a bench trial (no jury) or a jury in a jury trial who determine the factual finding of the case as it applies to applicable law.

Uphold - The decision of an appellate court not to reverse a lower court decision.

U.S. Attorney - A lawyer appointed by the President in each judicial district to prosecute and defend cases for the federal government.

Venue - The geographical location in which a case is tried.

Verdict - The decision of a petit jury or a judge.

Voir dire - The process by which judges and lawyers select a petit jury from among those eligible to serve, by questioning them to determine knowledge of the facts of the case and a willingness to decide the case only on the evidence presented in court. "Voir dire" is a phrase meaning "to speak the truth."

Warrant - A written order directing the arrest of a party. A search warrant orders that a specific location be searched for items, which if found, can be used in court as evidence.

Witness - A person called upon by either side in a lawsuit to give testimony before the court or jury.

Writ - A formal written command, issued from the court, requiring the performance of a specific act.

Writ of certiorari - An order issued by the Supreme Court directing the lower court to transmit records for a case for which it will hear on appeal.

*This is general educational information. Legal matters are specific in nature, and depend on particular facts and situations. Laws change overtime and facts vary from case to case. This information does not provide legal advice for your specific legal problems. Call Larry King P.C. for a free consultation.

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