Common American Legal Words A to E
- A -
abandonment - A parent's or custodian's act of leaving a child without adequate care, supervision, support or parental contact for an excessive period of time. Also, the desertion of one spouse by the other with the intent to terminate the marriage relationship.
abstract of record - A short, abbreviated form of the case as found in the record.
accessory - A person who assists in the commission of a crime, either before or after the fact.
action in personam- An action against the person, founded on personal liability, in contrast to action in rem, an action for the recovery of a specific object, usually an item of personal property such as an automobile.
adjudication - Giving or pronouncing a judgment or decree, or the rendering of a decision on a matter before a court.
admissible evidence - Evidence which can legally and properly be used in court.
admission - A statement tending to establish the guilt or liability of the person making the statement.
adversary system - The system of trial practice in the United States and some other countries in which each of the opposing, or adversary, parties has the opportunity to present and establish opposing contentions before the court.
affidavit - A written and sworn statement witnessed by a notary public or another official possessing the authority to administer oaths. Affidavits may be admitted into evidence.
agent - One who has authority to act for another.
alibi - A defense claim that the accused was somewhere else at the time a crime was committed.
allegation - The assertion, declaration, or statement of a party to an action, made in a pleading, establishing what the party expects to prove.
Alternative Dispute Resolution (ADR) -Methods of resolving disputes outside of official court proceedings. These methods include mediation arbitration, and conciliation.
answer - A pleading by which defendant responds to the plaintiff's complaint.
appeal - The bringing of a case to a higher court for review of a lower court's order or judgment.
appearance - The formal proceeding by which defendant submits to the jurisdiction of the court.
appellant - The party appealing a final decision or judgment.
appellate court - A court which hears appeals from a lower court.
appellate jurisdiction - The appellate court has the right to review and revise the lower court decision.
appellee - The party against whom an appeal is taken.
arraignment - In a misdemeanor case, the initial appearance before a judge at which the criminal defendant enters a plea; in a felony case, the proceeding after the indictment or bindover at which the defendant comes before a judge in District Court, is informed of the charges, enters a plea, and has a date set for trial or disposition. In Juvenile Court, the first hearing after a petition has been filed. www.thebostonschool.com
assault - A willful attempt to illegally inflict injury on or threaten a person.
attorney of record - Attorney whose name appears in the permanent records or files of a case.
- B -
bail - In criminal cases, a sum of money posted by or on behalf of a defendant to guarantee his appearance in court after being released from jail;
bail bond- An obligation signed by the defendant, with sureties, to secure his/her presence in court;
bail bondsman - A person who posts bail in exchange for a fee, usually 10 percent of the total bail.
bailiff - A court officer whose duties are to keep order in the courtroom and to have custody of the jury.
battery - Actual physical violence, whether serious or minor, inflicted on a person. (A mere threat is called assault, whereas the completed act is called battery).
bench trial - Trial without a jury in which the judge decides the case.
bench warrant - An order issued by the court for the arrest of a person.
beyond a reasonable doubt - Entirely convinced; in a criminal case the defendant's guilt must be proven to the jury to this extent. This is the highest burden of proof any party has in any proceeding
bind over - A judge's decision to hold a criminal defendant for trial.
brief - A lawyer's written statement of a client's case filed in court. It usually contains a summary of the facts in the case, the pertinent laws, and an argument of how the law applies to the facts supporting the client's position.
burden of proof - The duty to establish a claim or allegation by admissible evidence. This is usually the duty of the plaintiff in a civil case and always is the duty of the state in a criminal case.
burglary - The unlawful breaking into or entering of a building or dwelling with the intent to commit a serious crime or theft.
- C -
calendar - A court's list of cases for arraignment, hearing, trial or arguments.
case law - The law made by courts interpreting cases and laws as opposed to law made by legislatures. In the American system, the primary sources of law are 1) constitutions, 2) statutes/regulations, and 3) case law.
cause of action - A claim in law in fact sufficient to justify a legal right to sue.
certification - Generally used to refer to the process of transferring a minor's case from the Juvenile Court to the adult court for trial. Usually reserved for capital or first degree felonies or for chronic offenders.
chambers - A judge's private office in the courthouse.
change of venue - The removal of a suit begun in one county or district to another for trial, or from one court to another in the same county or district. In criminal cases, for example, a change of venue will be permitted if the court feels the defendant cannot receive a fair trial where the court is located.
charge - The statement accusing a person of committing a particular crime. Also the judge's instructions to the jury on its duties, on the law involved in the case and on how the law in the case must be applied.
child abuse - Any form of cruelty to a child's physical, moral or mental well-being.
circumstantial evidence - All evidence of an indirect nature. Testimony not based on actual personal knowledge or observation of the facts in controversy.
citation - An order of the court requiring the appearance of a defendant on a particular day to answer to a particular charge.
civil case - A lawsuit brought to enforce, redress, or protect private rights or to gain payment for a wrong done to a person or party by another person or party. In general, all types of actions other than criminal proceedings.
clerk of the court - Court official who keeps court records, files pleadings, motions, and judgments, and administers the oath to jurors and witnesses.
codicil - A supplement or an addition to a will. It may explain, modify, add to, subtract from, qualify, alter, restrain or revoke provisions in the existing will.
commit - To send a person to prison or jail in criminal proceedings, or to another institution in civil cases by authority of a court.
common law - General provisions of law existing before codification or interpretation by courts.
commutation - The change of a punishment from a greater degree to a lesser degree, as from death to life imprisonment. In Utah this may be done by the Board of Pardons.
comparative negligence - The degree to which a person contributed to his/her own injury, damage or death. Usually measured in terms of percentage. Contributory negligence is the failure to exercise care by a plaintiff, which contributed to the plaintiff's injury.
competency - A witness's ability to observe, recall and recount under oath what happened. Criminal defendants must also be competent to stand trial; they must understand the nature of the proceedings and have the ability to assist their lawyers.
complainant - Synonymous with "plaintiff," or, in criminal cases, the complaining witness.
complaint - The first pleading on the part of the plaintiff in a civil action.
concurrent jurisdiction - The jurisdiction of two or more courts, each authorized to deal with the same subject matter.
concurrent sentence - Sentence under which two or more prison or jail terms are served simultaneously, and the prisoner is entitled to discharge when the longest term specified expires (i.e., sentences of 1 to 15 years and 0 to 5 years means a maximum sentence of 15 years). Differs from a consecutive sentence, which is when the sentences are served back-to-back. (A 1 to 15 and 0 to 5 consecutive sentence could mean up to 20 years).
condemnation - The legal process by which real estate of a private owner is taken for public use without the owner's consent, but the owner receives "just compensation."
conditional release - A release from custody which imposes regulations on the activities and associations of the defendant. If a defendant fails to meet the conditions, the release is revoked.
contempt of court - Any act involving disrespect to the court or failure to obey its rules or orders. Comtempt of court carries a maximum of 30 days in jail.
continuance - A court order postponing proceedings.
contract - An oral or written agreement between two or more parties which is enforceable by law.
conviction - In a criminal case, a finding that the defendant is guilty.
corroboration - Confirmation or support of a witness' statement or other fact.
corroborating evidence - Evidence supplementary to that already given and tending to strengthen or confirm it.
court reporter - A court official who records testimony and arguments, and transcribes it into a permanent record of all court proceedings.
costs - An allowance for expenses in prosecuting or defending a suit. Ordinarily this does not include attorney fees.
counterclaim - A claim presented by a defendant in a civil proceeding in opposition to the claim of a plaintiff.
courts of record - Courts whose proceedings are permanently recorded, and which have the power to fine or imprison for contempt. In Utah, they include the Supreme Court, the Court of Appeals, district courts and juvenile courts. Courts not of record are those of lesser authority whose proceedings are not permanently recorded, i.e., the Justice Courts.
criminal case - A case brought by the government against a person accused of committing a crime.
criminal insanity - Lack of mental capacity to do or abstain from doing a particular act; inability to distinguish right from wrong.
cross-claim - In a civil proceeding, if there are two or more defendants, one defendant can raise a claim against another defendant.
cross-examination - The questioning of a witness by the lawyer for the opposing side. This may be done by leading questions, questions which suggest the answer.
custody - The right to or responsibility for a child's care and control, carrying with it the duty of providing food, shelter, medical care, education and discipline.
- D -
damages - Money that a court orders paid to party (usually the plaintiff) who has suffered a loss by another party who caused the loss (usually the defendant).
declaratory judgment - One which declares the rights of the parties or expresses the opinion of the court on a question of law, without ordering anything to be done.
decree - A decision or order of the court. A final decree is one which fully and finally disposes of the litigation. An interlocutory decree is a preliminary decree which is not final.
defamation - The making of false, derogatory statements about a person's character, morals, abilities, business practices or financial status. (Includes libel, which is written, and slander, which is spoken).
default - Occurs when a defendant fails to respond to the plaintiff's complaint within the time allowed, or fails to appear at the trial. The court may then enter a default judgment.
defendant - The accused in a criminal case; the person from whom money or other recovery is sought in a civil case.
deliberation - The jury's decision-making process after hearing the evidence and closing arguments and being given the court's instructions.
deposition - The taking of testimony of a witness under oath outside of court, usually transcribed in writing by a court reporter, or less frequently, recorded on videotape.
deprivation of custody - The court transfers legal custody of a person from parents or legal guardian to another person, agency or institution. It may be temporary or permanent.
detention hearing - In Juvenile Court, a judicial hearing, usually held after the filing of a petition, to determine interim custody of a minor pending a judgment.
direct evidence - Evidence in the form of testimony from a witness who actually saw, heard, or touched the subject of interrogation.
direct examination - The first questioning of a witness by the attorney for the party on whose behalf the witness is called. Usually proceeds with open ended, non leading questions.
directed verdict - In civil cases in which there is insufficient basis for any other conclusion, the judge may direct the jury to render a specific verdict. Criminal defendants may also ask the court to rule in their favor rather than submitting the case to the jury.
dismissal without prejudice - A dismissal which permits the plaintiff to sue again on the same cause of action or the state to proceed again. Dismissal with prejudice bars the right to subsequently bring an action on the same cause.
disposition - The order of a Juvenile Court determining what is to be done with a minor already adjudged to be within the court's jurisdiction. In criminal or civil cases, the settlement of a case.
dispositional report - In Juvenile Court, a written report relating to the child's mental, physical, and social history, submitted by the juvenile probation department or other designated agency to assist the judge in determining a proper disposition.
dissent - A term commonly used to denote the disagreement of one or more judges of a court of appeals with the decision of the majority.
diversion - Procedures for handling relatively insignificant juvenile problems informally, without referral to Juvenile Court. In criminal cases, the formal continuance of a case for a certain length of time, usually a year, with the goal of dismissal if the defendant meets certain conditions.
domicile - That place where a person has his true and permanent home. A person may have several residences, but only one domicile.
double jeopardy - Common law and constitutional prohibition (5th Amendment) against more than one prosecution for the same crime.
due process - The guarantee of due process requires that no person be deprived of life, liberty, or property without a fair and adequate process. In criminal proceedings (as well as juvenile) this guarantee includes the fundamental aspects of a fair trial, including the right to adequate notice in advance of the trial, the right to counsel, the right to confront and cross-examine witnesses, the right to refuse self-incriminating testimony, and the right to have all elements of the crime proven beyond a reasonable doubt.
- E -
embezzlement - The fraudulent appropriation by a person to his own use or benefit of property or money entrusted to him by another.
eminent domain - The power to take private property for public use by the state and municipalities.
en banc - A proceeding in which the entire membership of an appellate court participates in the decision, rather than leaving the decision to a smaller "panel" of the court's members ( some states the Court of Appeals is prohibited from sitting en banc).
entrapment - In criminal procedures, a complete defense. The defendant must show that officers induced the defendant to commit a crime not contemplated by him, for the purpose of instituting a criminal prosecution against him.
escheat - In American law, the right of the state to an estate left vacant, to which no one makes a valid claim. Property of a decedent who had no will and no heirs escheats to the state.
escrow - A writing, deed, money, stock, or other property is given to a third person to hold until all conditions in a contract are fulfilled.
estate - A collective term meaning all real and personal property owned by a person.
estoppel - A person's own act, or acceptance of facts, which preclude later claims to the contrary.
et al - An abbreviation of et alii, meaning "and others," ordinarily used in lieu of listing all names of persons involved in a proceeding.
et seq - An abbreviation for et sequentes, or et sequentia, "and the following," ordinarily used in referring to a section of statutes.
evidence - Testimony, records, documents, material objects, or other things presented at a trial to prove the existence or nonexistence of a fact.
exclusionary rule - A rule by which evidence that was obtained illegally cannot be used in a criminal trial against a defendant. Also, in criminal cases, a rule which prevents witnesses from observing each other testify or from discussing testimony during the course of the proceedings.
exclusion of witnesses - An order of the court requiring all witnesses to remain outside the courtroom until each is called to testify, except the plaintiff or defendant. The witnesses are ordered not to discuss their testimony with each other and may be held in contempt if they violate the order.
exclusive jurisdiction - The matter can only be filed in one court.
executor - A person assigned to carry out the provisions of a will.
exhibit - A paper, document or other article presented and offered into evidence in court during a trial or hearing to prove the facts of a case.
ex parte - By or for one party only. Ordinarily courts are not allowed to engage in communications with one party only (ex parte communications). Both parties must be heard.
expert testimony - Testimony given in relation to some scientific, technical or professional matter by experts, i.e., persons qualified to speak authoritatively by reason of their special training, skill or familiarity with the subject.
ex post facto - After the fact, ordinarily used in reference to constitutional prohibition on ex post facto laws. For example, a person cannot be punished for conduct committed before a criminal law was enacted.
expungement - A court order allowing the destruction or sealing of records of minors or adults, after the passage of a specified period of time or when the person reaches a specified age and has not committed another offense.
extradition - The surrender by one state to another of an individual accused or convicted of an offense outside its own territory, and within the territorial jurisdiction of the other.
extraordinary writ - A writ, often issued by an appellate court, making available remedies not regularly within the powers of lower courts. They include writs of habeas corpus, mandamus, prohibition and quo warranto.
Sources :
Boston Municipal Court
Wikipedia
Various US State Court websites
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