Action: Proceeding taken in a court of law. Sometimes called case, suit, or lawsuit.Adversary System: The system of trial practice in the United States and some other countries in which each side has full opoortunity to present and establish opposing contentions before the court.
Affidavit: A written or printed declaration or statement under oath.
Alternate Juror: A person selected to replace a "regular" juror who for some reason becomes unable to serve during the course of the trial.
Allegation: An assertion or statement of a party to an action made in a pleading, stating what he or she expects to prove.
Answer: The document (or pleading) filed by the defendant in a civil case to resppond to the plaintiff's claims as listed in the complaint.
Appeal: Review of a case by a higher court.
Arraignment: In criminal cases, a court hearing where a defendant is advised of the charges and asked to plead guilty or not guilty.
Bailiff: A court attendant whose duties are to keep order in the courtroom and to have custody of the jury.
Binding Instruction: An instruction in which the jury is told if they find certain conditions to be true they must find for the plaintiff or defendant, as the case may be.
Brief: A written or printed document usually setting out both facts and law in support of the party's case.
Cause of Action: The legal grounds which a party to a lawsuit relies on to get a verdict against an opponent.
Chambers: A judge's private office.
Clerk of Court: Court officiel who keeps track of court files, records, and exhibits, and who administers oaths.
Complaint: (Criminal) Formal written charge that a person has committed a criminal offense. (Civil) Initial document entered by the plaintiff which states the claims against the defendant.
Contempt of Court: Any act calculated to embarrass, hinder, or obstruct a court in the administration of justice, or calcualted to lessen its authority or dignity.
Counterclaim: An answer to the complaint, in which the defendant claims to be entitled to damages or other relief from the plaintiff.
Court Recorder: A person who by use of electronic equipment, records testimony during court proceedings.
Court Reporter: A person who by shorthand or stenograph takes down testimony during court proceedings.
Cross-Examination: The questioning of a witness by the party opposed to the one who produced the witnesses.
Defendant: (Criminal) Person charged with crime. (Civil) Person against whom a civil action is brought.
Deliberations: The discussions of the jury that occur after the judge has instructed them to retire to the jury room and consider their verdict.
Deposition: Testimony of a witness, under oath, given prior to the trial in the presence of a court reporter who types a transcript. This testimony may be read to the jury at the trial. Attorneys for both sides may be present when a deposition is taken. It also may be used to deny or contradict a witness' testimony or for the purpose of refreshing a witness' recollection. .
Evidence: Any form of proof legally presented at a trial through witnesses, records, documents, etc., for the purpose of establishing the truth or falsity of an alleged matter or fact.
Examination: Direct - the first questioning of a witness by the party on whose behalf the witness is called. Cross - The questioning of a witness in a trial, or in the taking of a deposition, by the party opposed to the one who produced the witness. Redirect - Follows cross-examination, and is conducted by the party who first examined the witness.
Exhibits: Objects, pictures, books, letters, and documents that are admitted into evidence.
Felony: A crime of graver nature than a misdemeanor.
Final Argument, Summation: After all the evidence is presented by the parties, each side tells the jury what they think the evidence proves and why they think their side should win. This is an "argument" or "summing up." It is not evidence.
General Jurisdiction: Refers to courts that have no limit on the types of criminal and civil cases they may hear.
Guardian ad Litem: A person appointed by the court to look after the interests of a minor whose property is involved in litigation.
Hearsay: Evidence based on what the witness has heard someone else say, rather than what the witness has personally experienced or observed.
Impeachment of a Witness: An attack on the credibility of a witness.
Inadmissible: That which, under the established rules of evidence, cannot be admitted or received.
Indigent: Needy, poor, impoverished. A defendant who can demonstrate his or her indigence to the court may be assigned a court-appointed attorney at public expense.
Instruction: A direction given by the judge to the jury concerning the law of the case.
Interactive Television (ITV): A courtroom resource that enables audiovisual information exchange between the judge and the parties separated by distance.
Interrogatories: Written questions from one party and served on another, who must provide written answers under oath.
Issue: A disputed question of fact.
Jurisdiction: Authority of a court to exercise judicial power.
Jury: A certain number of people, selected according to law and sworn to inquire of certain matters of fact, and to declare the upon evidence presented to it.
Leading Question: A question that suggests to the witness a desired answer.
Litigant: One who is engaged in a law suit.
Mistrial: An erroneous or invalid trial; a trial that cannot stand in law because of lack of jurisdiction, wrongdoing of jurors, or disregard of some other fundamental requirement.
Objection: The act of a party during a trial to call the court's attention to some matter or proceeding that may be improper. Immediately thereafter the judge determines the validity of the objection and either overrules or sustains it.
Opening Statement: Before introducing any evidence in the case, each side tells the jury what the case is about and what evidence is expected to be brought in to prove that side of the case. It is not evidence.
Parties: The plaintiff and the defendant in the case - also called "litigants."
Plaintiff: The party who begins an action; the party who complains or sues in an action and is named as such in the court's records.
Pleadings: Formal, written allegations by the parties of their respective claims.
Prosecutor: The lawyer who argues the state's case against persons charged with violating state law. This is usually a state's attorney or assistant state's attorney.
Record: The official word-for-word copy of the court proceedings, taken in shorthand, stenotype, or audio transcription by an official court reporter. The judge may direct that something is - or is not - "the record" or "in the record."
Remand: To send back. A disposition by an appellate court that results in sending the case back to the original court from which it came for further proceedings.
Contempt of Court: Any act calculated to embarrass, hinder, or obstruct a court in the administration of justice, or calcualted to lessen its authority or dignity.
Rest: A party is said to "rest" or "rest his or her case" when all the evidence the party intends to offer has been presented.
Separation of Witnesses: An order of the court requiring all witnesses, except the plaintiff and the defendant, remain outside the courtroom until each is called to testify.
Sequester: Some cases may arouse much public discussion. In that event, the jury may be kept together until the verdict is reached. This procedure is used to protect the jurors against outside influences.
Stipulation: An agreement by the parties on opposite sides of a case to any matter pertaining to the proceedings or trial. It is not binding unless agreed to freely by the parties. Most stipulations must be in writing.
Subpoena: A process to require a witness to appear and give testimony before a court or magistrate.
Testimony: Evidence given by a witness under oath.
Tort: An injury or wrong committed, either with or without force, to the person or property of another.
Transcript: The official record of proceedings in a trial or hearing.
Venue: The specific county, city, or geographical area in which a court has jurisdiction.
Voir Dire: To speak the truth. The preliminary examination of a witness or juror as to his or her qualifications.
Witness: One who testifies under oath to what he or she saw, heard or otherwise observed.
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