| Action
- Proceeding taken in a court of law. Synonymous with case, suit lawsuit.
Adjudication
- A judgment or decree
Adversary
system - Basic U.S. trial system in which each of the opposing parties
has opportunity to state his viewpoints before the court. Plaintiff argues
for defendant's guilt (criminal) or liability (civil). Defense argues for
defendant's innocence (criminal) or against liability civil)
Affidavit
- A written or printed declaration or statement under oath
Affirm
- The assertion of an appellate court that the judgment of the lower court
is correct and should stand.
Allegation
- An assertion, declaration or statement of a party to an action made in
a pleading, stating what he expects to prove.
Alleged
- (allegation) Stated; recited; claimed; asserted; charged.
Answer
- A formal response to a claim, admitting or denying the allegations in
the claim.
Appeal
- Review of a case by a higher court.
Appearance
- 1. The formal proceeding by which a defendant submits to the jurisdiction
of the court. 2. A written notification to the plaintiff by an attorney
stating the he is representing the defendant.
Arbitration
- the hearing and settlement of a dispute between opposing parties by a
third party whose decision the parties have agreed to accept.
At
issue - The time in a lawsuit when the complaining party has stated
his claim and the other side has responded with denial and the matter is
ready to be tried,
Attorney
at law - A lawyer; one who is licensed to act as a representative for
another in a legal matter or proceeding.
Attorney
of record - An attorney , named in the records of a case, who is responsible
for handling the cause on behalf of the party he represents.
Bankruptcy - A legal proceeding where a person or business is relieved
of paying certain debts.
Best
evidence - Primary evidence; the best evidence which is available;
any evidence falling short of this standard is secondary.
Brief
-
A legal document, prepared by an attorney which presents the law and facts
supporting his client's case
Burden
of proof - Measure of proof required to prove a fact. Obligation of
a party to probe facts at issue in the trial of a case.
Calendar
- List of cases arranged for hearing in court.
Caption - The caption of a pleading, or other papers connected
with a case in court, is the heading or introductory clause which shows
the names of the parties, name of the court, number of the case, etc.
Case
- Any proceeding, action, cause, lawsuit or controversy initiated through
the court system by filing a complaint, petition, indictment or information.
Caseload
- The number of cases a judge handles in a specific time period.
Cause
of action - A legal claim.
Certificate
under penalty of perjury - A written statement, certified by the maker
as being under penalty of perjury. In many circumstances, it may be used
in lieu of an affidavit.
Certiorari
- Procedure for removing a case from a lower court or administrative agency
to a higher court for review.
Challenge
for cause - A request by a party that the court excuse a specific juror
on the basis that the juror is biased.
Citation
- Summons to appear in court. 2. Reference to authorities in support of
a legal argument.
Civil
law - All law that is not criminal law. Usually pertains to the settlement
of disputes between individuals, organizations or groups and having to
do with the establishment, recovery or redress of private and civil rights.
Claim
- The assertion of a right to money or property.
Clerk
of the court - An officer of a court whose principal duty is to maintain
court records and preserve evidence presented during a trial.
Closing
argument - The closing statement, by counsel, to the trier of facts
after all parties have concluded their presentation of evidence.
Code
-
A collection, compendium or revision of laws systematically arranged into
chapters, table of contents and index and promulgated by legislative authority.
Commit
- To lawfully send a person to prison, a reformatory or an asylum
Common
law - Law which derives its authority solely from usage and customs
of immemorial antiquity or from the judgments and decrees of courts. also
called "case law."
Comparative
negligence - Negligence of a plaintiff in a civil suit which decreases
his recovery by his percentage of negligence compared to a defendant's
negligence.
Competency
- In the law of evidence, the presence of those characteristics which render
a witness legally fit and qualified to give testimony.
Complaint
- 1. (criminal) Formal written charge that a person has committed a criminal
offense. 2. (civil) Initial document entered by the plaintiff which states
the claims against the defendant.
Contempt
of court - Any act that is meant to embarrass, hinder or obstruct a
court in the administration of justice. Direct contempt is committed in
the presence of the court; indirect contempt is when a lawful order is
not carried out or refused.
Continuance
- Adjournment of the proceedings in a case from one day to another.
Corroborating
evidence - Evidence supplementary to that already given and tending
to strengthen or confirm it.
Costs
-
An allowance for expenses in prosecuting or defending a suit. Ordinarily
does not include attorney's fees.
Counter
claim - Claim presented by a defendant in opposition to, or deduction
from, the claim of the plaintiff.
Court
-
1. Place where justice is administered. 2. Judge or judges sitting on the
court administering justice.
Court
administrator - Manager of administrative, non judicial affairs of
the court.
Court
commissioner - A judicial officer at both trial and appellate court
levels who performs many of the same duties as judges and justices.
Court
of appeals - Intermediate appellate court to which most appeals are
taken from superior court.
Court
superior - State trial court of general jurisdiction.
Court
supreme - "Court of last resort." Highest court in the state and final
appellate court.
Courts
of limited jurisdiction - Includes district, municipal and police courts.
Crime - Conduct
declared unlawful by a legislative body and for which there is a punishment
of a jail or prison term, a fine or both.
Criminal
law - Body of law pertaining to crimes against the state or conduct
detrimental to society as a whole. Violation of criminal statues are punishable
by law.
Cross
examination - The questioning of a witness by the party opposed to
the one who produced the witness. |