The statement in a pleading of what a party expects to prove.
A written statement prepared by one side in a lawsuit to explain to the court its view of the facts of the case and the applicable law.
Challenge for cause
Objection to the seating of a particular juror for a stated reason, usually bias or prejudice for or against one of the parties in the case.
The party who initiates the appeal. Sometimes called a Petitioner
Supplementary evidence that strengthens or confirms the initial evidence
Giving or pronouncing a judgement or decree; also the judgement given
Coming into the court the formal act by which a defendant submits to the jurisdiction of the court.
To hold a person for trial on bond (bail)or in jail.
A court having jurisdiction to hear appeals and review a trial court's procedure and legal rulings.
Evidence that can be legally and properly introduced in a civil or criminal trial
The decree or order at issue is declared valid and will stand as rendered in the lower court
Alternative dispute resolution
Settling a dispute without a full formal trial
The party against whom an appeal is taken. Sometimes called a respondent
Proof of fact by witnesses who saw acts done or heard words spoken, as distinguished from circumstantial or indirect evidence.
The contested points in a lawsuit
A request by the losing party that the judgement be reviewed by a higher court.
to disagree, an appellate court opinion setting forth the minority view and outlining the disagreement of one or more judges with the decision of the majority.
status or early conference
are held after all initial pleadings have been filed & help the judge manage the case.
involves submitting the dispute to a neutral party who renders a decision
are done when a case hasn't been settle.
an agreement by attorneys on both sides of a case about some aspect of the lawsuit, eg to extend the time to answer, to admit certain facts in trial etc
minor moving violations & littering
twenty three usually more than twelve
Grand Jury are composed of how many people?
an accusation by a grand jury charging a person with a crime
a hearing to determined whether there's sufficient evidence to charge the suspect with a crime
w/out payment of money, on the promise that they will appear for all hearings & trial.
change of venue
moving a case to another place for trial often because of pre-trial publicity makes it difficult to impanel an impartial jury.
charge to the jury
the judge's instruction to the jury concerning the law that applies to the facts of the case
contempt of court
willful disobedience of a judge's command or of an official court order.
abatement of action
a suit which has been quashed and ended
a challenge that permits a lawyer to (strike) eliminate a potential juror w/out stating a reason or cause.
a person who aids or contributes in the commission of a crime
one who knowingly, voluntary, and intentionally unites with the principal offender in a the commission of a crime. a partner in crime.
a satisfaction agreed upon between the parties in a lawsuit which bars subsequent actions on the claim
accord and satisfaction
a method of discharging a claim upon agreement by the parties to give and accept something in settlement of the claim.
a formal charge against a person to the effect that he has engaged in a punishable offense
the genetic name for the defendant in a criminal case.
1.statement of acceptance of responsibility.2. the short declaration at the end of a legal paper showing that the paper was duly executed and acknowledge.
to legally certify the innocence of one charged with a crime. To set free, release, or discharge from an obligation, burden, or accusation. To find a defendant not guilty in a criminal trial
a case, cause, suit, or controversy disputed or contested before a court of justice
in criminal law, a finding of not guilty. In contract law, a release, absolution, or discharge from obligation, liability, or engagement
to determine finally
pertinent and proper to be considered in reaching a decision
voluntary acknowledgment of the existence of certain facts relevant to the adversary's case.
to advise or caution.
a person who makes and signs an affidavit
without denying the charge, the defendant raises circumstances such as insanity, self-defense, or entrapment to avoid civil or criminal responsibility.
one who has authority to act for another.
an attempt to cause serious bodily injury to another. Purposely, knowingly, recklessly, or the same attempt with a deadly weapon.
the unlawful use of force against another with unusual or serious consequences, such as the use of a dangerous weapon
any factors associated with the commission of a crime which increase the seriousness of the offense or adds to its injurious consequences.
a mutual understanding and intention between two or more parties. The writing or instrument.
aid and abet
help, assist, or facilitate the commission of a crime.
a special type of guilty plea by which a defendant does not admit guilt but concedes that the state has sufficient evidence to convict; normally made to avoid the threat of greater punishment
a defense claim that the accused was somewhere else at the time a crime was committed
the assertion of a party to an action setting out what he expects to prove
to state, recite, assert, claim, maintain, charge, or set forth. To make an allegation
asserted to be true as depicted, or a person who is accused but has not yet been tried in court.
a defendant's statement in mitigation of punishment
to change, correct, revise, improve, modify, or alter
the correction of an error admitted in any process
a case summary or commentary on the law cases, statutes, and rules illustrating its interpretation
yearly judicial review, usually in juvenile dependency cases, to determine whether the child requires continued court supervision or placement
the defendant's response to the plaintiff's complaint allegations as stated in a complaint. An item by item, paragraph by paragraph response to points made in a complaint; part of the pleadings
the appellate court has the right to review and revise the lower court decision.
remarks addressed by attorney to judge or jury on the merits of case or on points of law.
the procedure where the accused is brought before the court to hear the criminal charge (s) against him/her and to enter a plea or either guilty, not guilty, or no contest.
arrest of judgement
postponing the effect of judgement already entered. (after the verdict)
assault with a deadly weapon
an aggravated unlawful assault in which there is a threat to do bodily harm without justification or excuse by use of any instrument calculated to do serious bodily harm or cause death.
the time in a lawsuit when the complaining party has responded with a denial and the matter is ready to be tried.
taking a person's property to satisfy a court-orders debt
an endeavor or effort to do an act or accomplish a crime, carried beyond preparation but lacking execution
to bear witness to, to affirm to be true or genuine, to certify.
bail that is kept by the court as a result of not following a court order.
a hearing established to reevaluate the bail amount that was originally set for the accused.
an offensive touching or use of force on a person without the person's consent
a meeting either on or off the record at the judge's bench between the judge, counsel, and sometimes the defendant, out of the hearing of the jury.
trial without a jury in which a judge decides the facts
an order issued by a judge for the arrest of a person
to give a gift to someone through a will
gifts made in a will
primary evidence; the best evidence available. Evidence short of this is a "secondary"
inclination, bent, a preconceived opinion or a predisposition to decide a cause or an issue a certain way.
to try issue separately, such as guilt and criminal responsibility in a criminal proceeding or liability and damages in a civil action.
bill of particulars
a statement of the details of the charge made against the defendant
a written order issue by a court directing a sheriff or peace officer to take custody of and bring before the court:1(witness who fails to comply with the subpoena 2)a party who fails to comply with a court order in a civil action 3)material witness in a criminal case
the act of collecting the bets of others or making odds on future gambling events
the breaking or violation of a law, right, obligation, or duty either by doing an act or failing to do an act
burden of proof
the obligation of a party to establish by evidence a requisite degree of belief concerning a fact in the mind of the trier of fact or the court
a criminal case in which the allowable punishment includes death
a crime punishable by death
cause of action
the facts that gives rise to a lawsuit or a legal claim
1. in criminal case, a person accused of a crime. 2. in a civil case, the person being sued.
the legal right to bring a lawsuit. Only a person with something at stake has standing to bring a lawsuit.
a court order halting a judicial proceeding.
an order by a judge deciding a case in a favor of one side on the basis of the pleadings before trial.
sufficient legal reasons for allowing the search and seizure or the arrest of the person
to vacate or void a summons, subpoena etc
to send a dispute back to the court where it was original heard.
a judicial order directing a person to do something
on behalf on only one party, without notice to any other party. Ex. search warrant
accusatory document filed by the prosecutor, detailing the charges against the defendant
a witness whose testimony is not favorable to the party who calls him or her as a witness.
a jury that can not reach a verdict.
a trial that is terminated before a verdict is reached. it can also be hung jury.
an authoritative statement made to the jury by the judge regarding their conduct as jurors
a person's identity in unknown or withheld from one's knowledge
determined; proved to be true
beyond a reasonable doubt
in a criminal case, the accuser's guilt must be established "beyond a reasonable doubt". Proof beyond a reasonable doubt is proof that leaves you with an abiding conviction that the charges are true.
the body of law derived from judicial decisions, rather than from the constitutions or statutes.
compelled; mandated by legal process or by statute.
a disagreement or a dispute that requires a definitive determination of how the law applies to the facts that are asserted to be true.
degree of proof
the amount of proof necessary to prove a case. In criminal case, such proof must be beyond a reasonable doubt. In civil cases, the standard is proof by the preponderance of the evidence.
document or material object produced and identified in court as evidence in a case.
evidence to explain or disprove facts given by the opposing counsel
preponderance of evidence
the burden of proof in a civil case where by a party must present a greater weight of credible evidence than the evidence presented by the opposing party
(to speak the truth) process of questioning potential jurors so that each side may decide whether to accept or oppose an individual for the jury
motion to suppress evidence
to effectively prevent; to restrain, the refusal to produce evidence or to allow evidence to be produced for use of litigation
evidence given to explain, counteract or disprove facts given by opposing counsel
a written statement prepared by counsel arguing a case in court. It contains a summary of the facts of the case, pertinent laws, and an argument of how the law applies to the facts supporting counsel's position.
the guarantee to a speedy and fair trial. Public trial to an impartial jury and to confront the witnesses
lying under oath or in sworn affidavit
a person who makes and signs an affidavit
someone whose deposition is being taken
the process of exchanging information between the parties about witnesses and evidence they'll present at trial.
(civil) a civil injury or wrong committed on the person or property of another; personal injury
involves the defendant pleading guilty to a lesser charge, or to only one of several charges
are questions that suggest the answer desired
it means that the witness answers the question
a jury that can not reach a verdict
is an attempt from the defendant to show that his federal constitutional rights were violated
when trial is over, jurors will be asked if they agree with the decision as announced