Legal Terms Flashcards
defense attorney
the lawyer representing the defendant
prosecuting attorney / prosecutor
The lawyer trying to convince the jury that the defendant is guilty
indictment
a formal charge or accusation of a serious crime
plaintiff
The one who begins the legal action (the accuser) and seeks solution in a court of law.
trial jury
a group of citizens chosen to hear evidence and make a decision of guilt or liability in a court of law
burden of proof
The duty to prove an allegation or accusation of guilt. A person is considered innocent until proven guilty "beyond a reason of doubt."
verdict
a decision made by a trial jury (guilty or not guilty)
acquit
to find not guilty of a fault or crime
convict
judgment that someone is guilty of a crime
aid and abet
Help, assist, or facilitate the commission of a crime.
conspiracy
A combination of two or more persons to commit a criminal or unlawful act, or to commit a lawful act by criminal or unlawful means.
witness
A person interviewed by the attorneys in a trial that have knowledge of the subject.
testify
give evidence as a witness in a law court.
expert witness
a witness with professional training or substantial experience qualifying him/her to testify on a certain subject
cross examination
Questioning of a witness conducted by the lawyer for the opposing side
objection
A procedure whereby an attorney asserts that a particular witness, a line of questioning, piece of evidence or other matter is improper and should not be continued, and asks the court to rule on its impropriety or illegality, the lawyer wants to stop the line of questioning.
sustain
a judge's decision to support or approve an objection
overrule
a judge's decision to reject or disallow an objection.
power of attorney
grants power to a representative of your choosing to legally act and make decisions on your behalf.
warrant
A legal paper, issued by a court, giving police permission to make an arrest, seizure, or search.
precedent
A previously decided case or point that is recognized as the authority in future cases
case law
a body of law created by judicial decisions; establishes precedents for courts
liability
Anything for which a person is legally bound or responsible
damages
[in civil court] Compensation awarded to a an injured party, usually in the form of money
defendant
an individual or group being sued or charged with a crime
plaintiff
One who begins a civil lawsuit
injunction
an order issued by a court of equity prohibiting a person from committing a threatened at or continuing to do some act that is injurious to the plaintiff
due process of law
procedures established by law and guaranteed by the Constitution the right of every citizen against arbitrary (random & unsystematic) action by national or state governments
negligence
failure to exercise ordinary prudence/foresight that results in an injury to another
motion
proposal made during trial to change a major aspect of the trial or redress a wrong. Can be oral or written.
petition
proposal made during trial to change a major aspect of the trial or redress a wrong. Can only be in writing.
remand
to send back; -1- the act of sending an accused person back into custody to await trial (or the continuation of the trial)-2- following an appellate decision a case may be sent back to the court from which it came
accessory
One who aids or contributes in a secondary way or assists in or contributes in or contributes to crime.
leading question
A question proposed by a trial lawyer that is ordinarily improper on direct examination because it suggests to the witness the answer he or she is to say, or in effect prompts the answer that is to be given.
hearsay
Unverified, unofficial information gained or acquired from another and not part of one's direct knowledge
contempt of Court
Interfering with the orderly conduct of court proceedings- For example: Those trying to plead the 5th will be held [in jail] in contempt of court if they testify on their own behalf but then refuse to answer questions on cross examination.
accused
The person against whom a criminal proceeding is directed.
subpoena
A court order requiring a person to appear in court and give testimony
summons
an order to appear before a grand jury
opening statement
first statement by both sides in a trial telling the judge or jury the issues of the case and what the evidence will show
arraignment
first appearance of a defendant before a judge during which time a defendant is formally presented with charges and is asked to enter a plea
bail
A sum of money used as a security deposit to ensure that an accused person returns for his or her trial
clerk
officer of the court who keeps all records
docket
a court's calendar, showing the schedule of cases it is to hear
grand jury
A group of citizens that decides whether there is sufficient evidence to accuse someone of a crime (issue an indictment).
hung jury
a jury that is unable to agree on a verdict (the result is a mistrial)
mistrial
A trial which is voided because of some error, which generally results in a new or second trial.
suppress evidence
to get evidence thrown out - make it legally unusable in court
probable cause
reasonable cause for issuing a search warrant or making an arrest; more than mere suspicion
parole
to grant a prisoner an early release from prison, with certain restrictions
the Bar
The members of the legal profession.
alibi
evidence that you were somewhere else when a crime was committed
witness
someone who sees an event and reports / testifies what happened
plea
a formal statement by or on behalf of a defendant or prisoner, stating guilt or innocence in response to a charge
hearing
Presenting evidence before a judge [or other legal officials] without a jury present.
appeal
a legal proceeding in which the a person who disagrees with the verdict of his or her case resorts to a higher court for the purpose of obtaining a review of a lower court decision and a reversal of the lower court's judgment or the granting of a new trial