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- 1. To preserve in writing, print or by film, tape, etc. 2. History or
a case. 3. The word-for-word (verbatim) written or tape recorded account
of all proceedings of a trial.
Record on appeal
- The portion of the record of a court of limited jurisdiction necessary
to allow a superior court to review the case.
Reasonable doubt
- An accused person is entitled to acquittal if, in the minds of the jury,
his guilt has not been proved beyond a "reasonable doubt". That state of
mind of jurors in which they cannot say they feel an abiding conviction
as to the truth of the charge.
Rebuttal - The
introduction of contradicting or opposing evidence showing that what witnesses
said occurred is not true, the stage of a trial at which such evidence
may be introduced.
Redirect examination
- Follows cross examination and is carried out by the party who, first
examined the witness.
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.
Reply - Pleading
by the plaintiff in response to the defendant's written answer.
Respondent -
1. Party against whom an appeal is brought in an appellate court. the prevailing
party in the trial court case. 2. A juvenile offender.
Restitution
- Act of giving the equivalent for any loss, damage of injury.
Rests the case
- When a party concludes his presentation or evidence.
Reversal - Setting
aside, annulling, vacating or changing to the contrary the decision of
a lower court or other body.
Service
- Delivery of a legal document to the opposite party.
Set aside -
Annul or void as in "setting aside" a judgment.
Settlement -
1. Conclusion of a legal matter. 2. Compromise agreement by opposing parties
in a civil suit before judgment is made, eliminating the need for the judge
to resolve the controversy.
Settlement conference
- A meeting between parties of a lawsuit, their counsel and a judge to
attempt a resolution of the dispute without trial.
Statute - A
law created by the Legislature.
Statute of limitations
- Law which specifies the time within which parties must take judicial
action to enforce their rights.
Stay - Halting
of a judicial proceeding by order of the court.
Stipulation
- Agreement by the attorneys or parties on opposite sides of a case regarding
any matter in the trial proceedings.
Subpoena - Document
issued by the authority of the court to compel a witness to appear and
give testimony or produce documentary evidence in a proceeding. Failure
to appear or produce is punishable by contempt of court.
Subpoena duces tecum
- "Under penalty you shall take it with you." A process by which the court
commands a witness to produce specific documents or records in a trial.
Suit - Any court
proceeding in which an individual seeks a decision.
Summons - Document
or writ directing the sheriff or other officer to notify a person that
an action has been commenced against him in court and that he is required
to appear, on a certain day, and answer the complaint in such action.
Testimony
- Any statement made by a witness under oath in a legal proceeding.
Tort - An injury
or wrong committed, with or without force, to the person or property of
another, which gives rise to a claim for damages.
Transcript -
The official record or proceedings in a trial or hearing, which is kept
by the clerk.
Trial - The
presentation of evidence in court to a trier of facts who applies the applicable
law to those facts and then decides the case
Trier of facts
- The jury or, in a non-jury trial, the judge, or an administrative body.
Venue
- The specific county, city or geographical area in which a court has jurisdiction.
Verdict - Formal
decision made by a judge or jury (trier of facts).
Voir dire -
(pronounced "vwar-deer") - "To speak the truth." The process of preliminary
examination of prospective jurors, by the court or attorneys, regarding
their qualifications.
Willful
act - An intentional act carried out without justifiable cause.
Witness - Person
who testifies under oath before a court, regarding what he/she has seen,
heard or otherwise observed.
Writ - A special,
written court order directing a person to perform, or refrain from performing,
a specific act.
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