Common Legal Words
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Notice: This list of common legal words was compiled as a public service.
The Judicial Branch does not warrant the accuracy of the information contained herein
and assumes no liability for its use. This is for general information and not intended as legal advice. Consult a lawyer in case of legal need.
A
Acquittal: When the court passes a judgment stating that the accused criminal defendant, beyond a reasonable doubt, has not been proven guilty.
Affidavit: A statement of facts written and confirmed by the oath of the party making it, and notarized by an official of the court.
Affirmed: An appellate court’s ruling that the decree or order is enforceable and will be followed exactly as the lower court determined.
Alford plea: A plea that permits the defendant to claim his innocence but permits the court to impose a sentence without holding a trial. In essence, the defendant acknowledges that there is enough evidence to prove guilt. Such a plea is frequently entered in an attempt to reach an agreement with the prosecutor regarding reduced charges or a lighter sentence.
Allegation: According to someone, something occurred.
Answer: A defendant’s official written response outlining the defense’s grounds in response to a civil complaint.
Appeal: A request filed following a trial seeking a different court to rule on the trial’s conduct.
Appellate: Regarding appeals, an appellate court has the authority to examine a decision rendered by a lower court or tribunal.
Arraignment: Court appearance where a person accused of a crime is informed of the accusations and requested to enter a plea of guilty or not guilty.
Arrest warrant: A formal document that orders someone to be taken into custody. Following a demonstration of probable cause, a court issues arrest warrants.
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B
Bail: A financial guarantee that a criminal defendant or witness will appear at the designated time and date to be released from custody.
Bankruptcy: Describes laws and court cases where individuals or companies are unable to pay their debts and turn to the court for help in starting again.
Bench trial: A trial in which the judge decides the facts without the use of a jury. The jury determines the facts in a jury trial. Occasionally, defendants will opt for a bench trial rather than a jury trial.
Beyond a reasonable doubt: Requirements necessary to find a criminal defendant guilty of a crime. The prosecution must establish the defendant’s guilt beyond a reasonable doubt for the jury to find them guilty.
Binding Precedent: A court’s previous ruling that must be adhered to in the absence of a strong argument or materially changed facts or circumstances.
Brief: A written statement presented by each side in a case explains to the judge or judges why they should rule in favor of the client of that lawyer in the case.
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C
Capital Offense: A felony that carries a death sentence. It covers offenses like treason, genocide, and first-degree murder under the federal system.
Case law: The application of court rulings to ascertain the appropriate application of other rules in a particular circumstance. A trial court might, for instance, refer to a previous Supreme Court ruling with comparable problems.
Chambers: The office of a judge.
Charge: The legal provision that the police suspect the offender violated.
Charge to the Jury: The judge’s instructions to the jury regarding the law that governs the facts of the case at trial.
Chief judge: The judge with the main authority over a court’s operations. In addition to making decisions on cases, the chief judge is chosen based on seniority.
Circumstantial evidence: Any evidence that is not direct proof, like eyewitness accounts.
Clerk of Court: A person designated by the court to help the chief judge in administering the court’s operations, particularly in maintaining court records and facilitating the flow of cases through the court.
Common Law: The English legal system that is currently in use in the United States. It is not based on laws enacted by the legislature, but rather on judicial rulings.
Complaint: A documentation by the plaintiff describing the rights that were violated by the defendant.
Continuance: A judge’s decision to delay or postpone the hearing to another day.
Contract: An agreement between two or more people that results in one party giving or not giving a particular thing.
Conviction: Decision of a court that the defendant is guilty of a crime.
Counsel: The term for legal advice; a phrase used to describe attorneys in a legal case.
Counterclaim: The defendant’s claim that the plaintiff is responsible for a particular incident. At times, counterclaims can be filed in the same proceedings as the plaintiff’s claims.
Court: An institution of the government that has the power to settle legal disputes. Sometimes, judges referring to themselves in the third person, as in “the court has read the briefs,” use the term “court.”
Court reporter: One who physically records, on a word-for-word basis, all the spoken statements and events during a trial and creates a transcript of the session when asked.
Cross-examine: The process in which the lawyer of a different side conducts a questioning session with an already questioned witness.
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D
Damages: Amount of money given by defendants to plaintiffs who prevail in civil proceedings to make up for their injuries.
Default judgment: A kind of judgment that is issued as a result of the defendant’s nonattendance or refusal to respond.
Defendant: The person who is accused of a crime in a criminal proceeding; the person who is complained about in a civil suit.
Defense table: The table in the courtroom where the defendant and the defense attorney sit.
Deposition: An oral statement given in front of a law enforcement official who is authorized to administer oaths. These kinds of statements are frequently obtained to question possible witnesses, to get discovery, or for use in a subsequent trial.
Direct evidence: The proof that backs up a fact without drawing any conclusions.
Discovery: The process by which attorneys review the facts and records that the opposition has before a trial to better prepare for it.
Docket: A record of court proceedings that includes brief entries.
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E
En banc: The phrase “en banc” means “in the bench” or “full bench.” It refers to court sessions in which all of the court’s members participate, as opposed to the customary quorum. U.S. courts of appeals typically consist of panels of three judges, but they may add more if they believe a case is significant enough to be considered by the full court. After that, they are referred to as sitting en banc.
Evidence: It is information that is provided in documents or testimony to influence the fact finder (jury or judge) to rule in favor of one party.
Exculpatory evidence: Evidence that helps to demonstrate the defendant’s innocence.
Exhibit: Documents or tangible proof that are used in judicial proceedings. Contracts, firearms, and pictures are typical exhibits.
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F
Federal Question: The authority granted to federal courts to interpret and apply the U.S. Constitution, congressional statutes, and treaties.
Felony: It is an offense that carries a sentence of more than a year in jail.
File: To formally place a document in the court clerk’s possession for inclusion in a case’s files or records. Throughout the course of a lawsuit, attorneys are required to submit several documents.
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G
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H
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I
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J
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K
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L
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M
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N
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O
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P
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Q
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R
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S
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T
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U
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V
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W
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X
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Y
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