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Terms in this set (70)
To find a defendant not guilty in a criminal trial
Proceeding taken in a court of law. Synonymous with case, suit, lawsuit.
A written or printed declaration of statement under oath.
A formal answer to a complaint, in which the defendant admits or denies what is said in the complaint.
Attorney of Record
An attorney, named in the records of a case, who is responsible for handling the case on behalf of the party he represents.
A court employee who, among other things, maintains order in the courtroom and is responsible for custody of the jury.
Burden of Proof
Measure of proof required to prove a fact. Obligation of a party to prove facts at issue in the trial of a case.
The title or heading of a paper filed in court showing the names of the parties, name of the court, and number of the case, among other things.
Any proceeding, action, lawsuit, or controversy initiated through the court system by filling a complaint, petition, indictment or information.
Cause of Action
A legal claim.
Challenge for Cause
A request by a party that the court excuses a specific juror on the bases that the juror blased.
A judge's private office.
Clerk of Court
An officer of the court whose principal duty is to maintain court records and preserve evidence presented during a trial.
The closing statement, by counsel, to the trier of facts after all parties have concluded their presentation of evidence.
One who makes a "complaint". Same as plaintiff.
1. (Criminal) Formal written charge that a person has committed a criminal offense. 2. (Civil) Initial document entered by the plaintiff which states the claim against the defendant.
1. To find a person guilty of charge. (verb) 2. One who has been found guilty of a crime or misdemeanor, usually referred to convicted felons or prisoners in penitentiaries. (noun)
Claim presented by a defendant in opposition to or deduction from the claim of the plaintiff.
Person who records and transcribes the verbal testimony and all other oral statements made during court sessions.
Process by which a lawyer questions a witness called to testify by the other side in the case.
Compensations recovered in the courts by a person who has suffered a loss.
Attorney who represents the defendant.
Sworn testimony taken and recorded in an authorized place outside of the courtroom according to the rules of the court.
Process by which a lawyer questions a witness called to testify by his side in the case.
Any form of proof legally presented at a trial through witnesses. Records, documents etc... See Expert Evidence.
A formal objection by one of the lawyers to something said or done by the judge, such as refusing to allow a question to be asked.
Paper, document or other physical object received by the court as evidence during a trial or hearing.
Testimony given by those qualified to speak with authority regarding scientific, technical or professional matters.
A crime of graver nature then a misdemeanor.
Evidence based on what the witness has heard someone else say rather than what the witness has personally experienced or observed.
Impeachment of a witness
An attack on the credibility of a witness by the testimony of other witnesses.
An accusation for some criminal offense. In the nature of an indictment, but which is presented by a competent public officer instead of a grand jury.
Direction given by a judge to the jury regarding the applicable law in the given case.
Member or a jury.
Specific number of people ( usually six to twelve), selected as prescribed by law to render a decision (verdict) in a trial. See trier of fact.
One, which suggests to a witness the answer desired. Prohibited on direct examination.
One who is engaged in a lawsuit.
Contest in court, a lawsuit.
Criminal offense less than felonies: generally those punishable by fine or imprisonment of less than 90 days in a local facility.
A criminal offense for which an adult could be sent to jail for up to one year, pay a fine up to $1,000, or both.
Oral or written request made by a party to an action before, during or after a trial upon which a court issues a ruling or order.
Statement by an attorney taking exception to testimony or the attempt admission of evidence and opposing its consideration as evidence.
Persons, corporations, or associations who have commenced a lawsuit or who are defendants.
Procedure which parties in an action my use to reject prospective jurors without giving a reason. Each side is allowed a limited number of such challenges.
Making intentionally false statements under oath. Perjury is a criminal offense.
The party who begins an action; the party who complains or sues in an action and is named as such in the courts records. Also called a petitioner.
A defendant's official statement of "guilty" or "not guilty" to the charge(s) made against him.
Formal written allegations by the parties of their respective claims
Polling the Jury
A practice whereby jurors are asked individually whether they agreed, and still agree with the verdict.
Preponderance of Evidence
The general standard of proof in civil cases. The weight of evidence presented by one side is more convincing to the trier of facts that the evidence presented by the opposing side.
Reasonable cause; having more evidence for than against: a reasonable belief that a crime has or is being committed: the basis for all lawful searches, seizures and arrests.
1. Act of pursuing a lawsuit or criminal trial; 2. The state of Washington, the party that initiates a criminal case.
The public officer in each county who is a lawyer and who represents the interest of the state in criminal trials and the county in all legal matters involving the county. In criminal cases, the prosecutor has the responsibility of deciding who and when to prosecute.
An accused person is entitled to acquittal if, in the minds of the jury, his guilt has not been proven beyond "reasonable doubt": That state of the minds of jurors in which they cannot say they feel abiding conviction as to the truth of the charge.
The introduction of contradicting or opposing evidence: showing that what witnesses said occurred is not true; that stage of a trial at which such evidence may be introduced.
Follows cross-examination and is carried out by the party who produced and first examined the witness.
Pleading by plaintiff in response to the defendant's written answer.
Rests the case
When a party concludes his presentation of evidence.
Search and Seizure, Unreasonable
In general an examination without authority of law of one's premises or person for the purpose of guilt to be used in prosecuting a crime.
A written order, issued by a judge or magistrate in the name of the state, directing a law enforcement officer to search a specific house or other places for specific things or persons. Usually required as a condition for a legal search and seizure.
1. Conclusion for a legal matter. 2. Compromise agreement by opposing parties in a civil suit before judgement is made, eliminating the need for judge to resolve the controversy.
Any court proceeding in which an individual seeks a decision. See case
Any statement made by a witness under oath in a legal proceeding.
An inquiry or wrong committed, with or without force, to the person or property of another, which gives raise a claim for damages.
The official record of proceedings in a trial or hearing, which is kept by the clerk.
The presentation for evidence in a court to a trier, of facts who apply the applicable law to those facts and then decide the case.
Trier of Facts
The jury or, in the non-jury, the judge.
Formal decision made by a trier of facts.
Voir Dire (Vaw Deer)
Questioning of potential witness.
Person who testifies under oath before a court or in a deposition regarding what was seen,heard or otherwise obeserved.
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