- 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.
- 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.
- 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.
1. Party against whom an appeal is brought in an appellate court. the prevailing
party in the trial court case. 2. A juvenile offender.
- 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.
- Delivery of a legal document to the opposite party.
Set aside -
Annul or void as in "setting aside" a judgment.
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.
- 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.
- 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.
- 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.
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.
- 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
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.