Criminal Law Terms

A B C D E F G H I J K L M N O P Q R S T U V W X Y Z

  Also See Immigration Law Terms

A

Accessory - A person who assists in the commission of a crime, either before or after the fact.

Accomplice - 1. A partner in a crime. 2. A person who knowingly and voluntarily participates with another in a criminal activity.

Accused - The name for the defendant in a criminal case.

Acquittal - A release, absolution, or discharge of an obligation or liability. In criminal law the finding of not guilty.

Adjudication - Giving or pronouncing a judgment or decree. Also the judgment given.

Admissible Evidence - Evidence that can be legally and properly introduced in a civil or criminal trial.

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.

Affiant - The person who makes and subscribes an affidavit.

Affidavit - A voluntary, written, or printed declaration of facts, confirmed by oath of the party making it before a person with authority to administer the oath.

Affirmative Defense - A defense raised in a responsive pleading (answer) relating a new matter as a defense to the complaint; affirmative defenses might include contributory negligence or estopped in civil actions; in criminal cases insanity, duress, or self-defense might be used.

Affirmed - In the practice of appellate courts, the word means that the decision of the trial court is correct.

Aggravated Assault - An attempt to cause serious bodily injury to another or purposely, knowingly or recklessly causing such injury, or an attempt to cause or purposely or knowingly cause bodily injury to another with a deadly weapon.

Aggravated Battery - The unlawful use of force against another with unusual or serious consequences such as the use of a dangerous weapon.

Aid and Abet - To actively, knowingly, or intentionally assist another person in the commission or attempted commission of a crime.

Alibi - A defense claim that the accused was somewhere else at the time a crime was committed.

Alien - A foreign-born person who has not qualified as a citizen of the country.

Allegation - A statement of the issues in a written document (a pleading) which a person is prepared to prove in court.

Appeal - A proceeding brought to a higher court to review a lower court decision.

Appearance - The act of coming into court as a party to a suit either in person or through an attorney.

Appellate Court - A court having jurisdiction to hear appeals and review a trial court's procedure.

Arraignment - The hearing at which the accused is brought before the court to plead to the criminal charge in the indictment. He may plead "guilty," "not guilty," or where permitted "nolo contendere."

Arrest - To take into custody by legal authority.

Assault - Threat to inflict injury with an apparent ability to do so. Also, any intentional display of force that would give the victim reason to fear or expect immediate bodily harm.

Attempt - An endeavor or effort to do an act or accomplish a crime, carries beyond preparation, but lacking execution.

Attorney of Record - The principal attorney in a lawsuit, who signs all formal documents relating to the suit.

B

Bail - Money or other security (such as a bail bond) provided to the court to temporarily allow a person's release from jail and assure their appearance in court. "Bail" and "Bond" are often used interchangeably. (Applies mainly to state courts.)

Bail Bond - An obligation signed by the accused to secure his or her presence at the trial. This obligation means that the accused may lose money by not properly appearing for the trial. Often referred to simply as "bond."

Bailiff - An officer of the court responsible for keeping order and maintaining appropriate courtroom decorum and has custody of the jury.

Battery - A beating, or wrongful physical violence. The actual threat to use force is an "assault;" the use of it is a battery, which usually includes an assault.

Bench - The seat occupied by the judge. More broadly, the court itself.

Bench Trial - (Also known as court trial.) Trial without a jury in which a judge decides the facts.

Bench Warrant - An order issued by a judge for the arrest of a person.

Beyond a Reasonable Doubt - The standard in a criminal case requiring that the jury be satisfied to a moral certainty that every element of a crime has been proven by the prosecution. This standard of proof does not require that the state establish absolute certainty by eliminating all doubt, but it does require that the evidence be so conclusive that all reasonable doubts are removed from the mind of the ordinary person.

Bill of Particulars - A statement of the details of the charge made against the defendant.

Bind Over - To hold a person for trial on bond (bail) or in jail. If the judicial official conducting a hearing finds probable cause to believe the accused committed a crime, the official will bind over the accused, normally by setting bail for the accused's appearance at trial. (This is a state court procedure.)

Bond - A written agreement by which a person insures he will pay a certain sum of money if he does not perform certain duties property.

Booking - The process of photographing, fingerprinting, and recording identifying data of a suspect. This process follows the arrest.

Brief - A written argument by counsel arguing a case, which contains a summary of the facts of the case, pertinent laws, and an argument of how the law applies to the fact situation. Also called a memorandum of law.

Burden of Proof - In the law of evidence, the necessity or duty of affirmatively proving a fact or facts in dispute on an issue raised between the parties in a lawsuit. The responsibility of proving a point (the burden of proof). It deals with which side must establish a point or points. (See standard of proof.)

Burglary - The act of illegal entry with the intent to steal.

C

Capital Crime - A crime punishable by death.

Certiorari - A writ of review issued by a higher court to a lower court. A means of getting an appellate court to review a lower court's decision. If an appellate court grants a writ of certiorari, it agrees to take the appeal. (Sometimes referred to as "granting cert.")

Challenge - An objection, such as when an attorney objects at a hearing to the seating of a particular person on a civil or criminal jury.

Challenge for Cause - A request from a party to a judge that a certain prospective juror not be allowed to be a member of a jury because of specified causes or reasons.

Change of Venue - Moving a lawsuit or criminal trial to another place for trial.

Character Evidence - The testimony of witnesses who know the general character and reputation of a person in the community in which he or she lives. It may be considered by the jury in a dual respect: (1) as substantive evidence upon the theory that a person of good character and reputation is less likely to commit a crime than one who does not have a good character and reputation, and (2) as corroborative evidence in support of a witness's testimony as bearing upon credibility.

Charge to the Jury - The judge's instructions to the jury concerning the law that applies to the facts of the case on trial.

Circumstantial Evidence - All evidence except eyewitness testimony. One example is physical evidence, such as fingerprints, from which an inference can be drawn.

Citation - A writ or order issued by a court commanding the person named therein to appear at the time and place named; also the written reference to legal authorities, precedents, reported cases, etc., in briefs or other legal documents.

Clemency or Executive Clemency - Act of grace or mercy by the president or governor to ease the consequences of a criminal act, accusation, or conviction. (Sometimes known as commutation or pardon.)

Clerk of Court - Administrator or chief clerical officer of the court.

Closing Argument - The closing statement, by counsel, to the trier of facts after all parties have concluded their presentation of evidence.

Commit - To send a person to prison, asylum, or reformatory by a court order.

Commutation - The reduction of a sentence, as from death to life imprisonment.

Competency - A witness's ability to observe, recall and recount under other 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.

Concurrent Sentences - Sentences for more than one crime that are to be served at the same time, rather than one after the other.

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.

Consecutive Sentences - Successive sentences, one beginning at the expiration of another, imposed against a person convicted of two or more violations.

Conspiracy - A combination of two or more persons formed for the purpose of committing by joint collaboration some unlawful act.

Constitution - The fundamental law of a nation or state which establishes the character and basic principles of the government.

Continuance - Postponement of a legal proceeding to a later date.

Conviction - A judgment of guilt against a criminal defendant.

Corpus Delicti - The body (material substance) upon which a crime has been committee, e.g., the corpse of a murdered man or the charred remains of a house burned by an arsonist.

Corroborating Evidence - Supplementary evidence that tends to strengthen or confirm the initial evidence.

Court-Appointed Attorney - Attorney appointed by the court to represent a defendant, usually with respect to criminal charges and without the defendant having to pay for the representation.

Crime - An act in violation of the penal laws of a state or the United States. A positive or negative act in violation of penal law.

Criminal Insanity - Lack of mental capacity to do or abstain from doing a particular act; inability to distinguish right from wrong.

Criminal Summons - An order commanding an accused to appear in court.

Cross-Examination - The questioning of a witness produced by the other side.

Cumulative Sentences - Sentences for two or more crimes to run consecutively, rather than concurrently.

Custody - Detaining of a person by lawful process or authority to assure his or her appearance to any hearing; the jailing or imprisonment of a person convicted of a crime.

D

Decision - The opinion of the court in concluding a case at law.

Default Judgment - A judgment entered against a party who fails to appear in court or respond to the charges.

Defendant - The person defending or denying a suit.

Direct Evidence - Proof of facts by witnesses who saw acts done or heard words spoken.

Direct Examination - The first questioning of witnesses by the party on whose behalf they are called.

Discovery - The name given pretrial devices for obtaining facts and information about the case.

Dismissal - The termination of a lawsuit.

Dissent - 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.

Diversion - The process of removing some minor criminal, traffic, or juvenile cases from the full judicial process, on the condition that the accused undergo some sort of rehabilitation or make restitution for damages.

Docket - An abstract or listing of all pleadings filed in a case; the book containing such entries; trial docket is a list of or calendar of cases to be tried in a certain term.

Double Jeopardy - Putting a person on trial more than once for the same crime. It is forbidden by the Fifth Amendment to the United States Constitution.

Due Process of Law - The right of all persons to receive the guarantees and safeguards of the law and the judicial process. It includes such constitutional requirements as adequate notice, assistance of counsel, and the rights to remain silent, to a speedy and public trial, to an impartial jury, and to confront and secure witnesses.

E

Elements of a Crime - Specific factors that define a crime which the prosecution must prove beyond a reasonable doubt in order to obtain a conviction: (1) that a crime has actually occurred, (2) that the accused intended the crime to happen, and (3) a timely relationship between the first two factors.

Embezzlement - The fraudulent appropriation by a person to his own use or benefit or property or money entrusted to him by another.

En Banc - All the judges of a court sitting together. Appellate courts can consist of a dozen or more judges, but often they hear cases in panels of three judges. If a case is heard or reheard by the full court, it is heard en banc.

Entrapment - The act of inducing a person to commit a crime so that a criminal charge will be brought against him.

Equal Protection of the Law - The guarantee in the Fourteenth Amendment to the U.S. Constitution that all persons be treated equally by the law.

Evidence - Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.

Exclusionary Rule - The rule preventing illegally obtained evidence to be used in any trial.

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.

Exhibit - A document or other item introduced as evidence during a trial or hearing.

Ex Parte - On behalf of only one party, without notice to any other party. For example, a request for a search warrant is an ex parte proceeding, since the person subject to the search is not notified of the proceeding and is not present at the hearing.

Expert Testimony - Testimony given in relation to some scientific, technical or professional matter by experts, i.e., person 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 - The process by which the record of criminal conviction is destroyed or sealed.

Extradition - The surrender of an accused criminal by one state to the jurisdiction of another.

F

False Arrest - Any unlawful physical restraint of another's personal liberty, whether or not carried out by a peace officer.

Felony - A serious criminal offense. Under federal law any offense punishable by death or imprisonment for a term exceeding one year.

Fifth Amendment - Among other rights, the Fifth Amendment to the U.S. Constitution guarantees that a person cannot be compelled to present self-incriminating testimony in a criminal proceeding.

Finding - Formal conclusion by a judge or regulatory agency on issues of fact. Also, a conclusion by a jury regarding a fact.

Fine - A sum of money paid as part of a penalty of conviction for a particular criminal offense.

Fourteenth Amendment - Among other matters, the 14th Amendment to the U.S. Constitution prohibits states from depriving any person of life, liberty, or property without adequate due process.

Fourth Amendment - The 4th Amendment to the U.S. Constitution protects every person against unreasonable search and seizure by government officials.

Fraud - A false representation of a matter of fact which is intended to deceive another.

G

Garnishment - A legal proceeding in which a debtor's money, in the possession of another (called the garnishee) is applied to the debts of the debtor, such as when an employer garnishes a debtor's wages.

Good time - A reduction in sentenced time in prison as a reward for good behavior. It usually is one third to one half of the maximum sentence.

Grand Jury - A jury of inquiry whose duty it is to receive complaints and accusations in criminal matters and if appropriate issue a formal indictment.

H

Habeas Corpus - The name of a writ having for its object to bring a person before a court.

Harmless Error - An error committed during a trial that was corrected or was not serious enough to affect the outcome of a trial and therefore was not sufficiently harmful (prejudicial) to be reversed on appeal.

Hearing - A formal proceeding (generally less formal than a trial) with definite issues of law or of fact to be heard. Hearings are used extensively by legislative and administrative agencies.

Hearing de Novo - A full new hearing.

Hearsay - Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.

Hostile Witness - A witness whose testimony is not favorable to the party who calls him or her as a witness. A hostile witness may be asked leading questions and may be cross-examined by the party who calls him or her to the stand.

Hung Jury - A jury whose members cannot agree upon a verdict.

I

Immigrants - Persons who come into a foreign country or region to live.

Immigration - The entry of foreign persons into a country to live permanently.

U.S. Citizenship and Immigration Service - A federal agency which regulates immigration and naturalization of aliens.

Immunity - Grant by the court, which assures someone will not face prosecution in return for providing criminal evidence.

Impanel - To seat a jury. When voir dire is finished and both sides have exercised their challenges, the jury is impanelled. The jurors are sworn in and the trial is ready to proceed.

Impeachment of a Witness - An attack on the credibility (believability) of a witness, through evidence introduced for that purpose.

In Loco Parentis - "In the place of the parent"; refers to actions of a custodian, guardian or other person acting in the parent's place.

Inadmissible - That which, under the rules of evidence, cannot be admitted or received as evidence.

Incapacity - Lack of legal ability to act; disability, incompetence; lack of adequate power.

Incarceration - Imprisonment in a jail or penitentiary.

Incompetent - One who lacks ability, legal qualification, or fitness to manage his own affairs.

Indeterminate Sentence - A sentence of imprisonment to a specified minimum and maximum period of time, specifically authorized by statute, subject to termination by a parole board or other authorized agency after the prisoner has served the minimum term.

Indictment - A written accusation by a grand jury charging a person with a crime.

Indigent - Needy or impoverished. A defendant who can demonstrate his or her indigence to the court may be assigned a court-appointed attorney at public expense.

Initial Appearance - The defendant comes before a judge within hours of the arrest to determine whether or not there is probable cause for his or her arrest.

Information - Accusatory document, filed by the prosecutor, detailing the charges against the defendant. An alternative to an indictment, it serves to bring a defendant to trial.

Infraction - A violation of law not punishable by imprisonment. Minor traffic offenses generally are considered infractions.

Interlocutory - Temporary; provisional; interim; not final.

J

Judge - A presiding officer of the court.

Judgment - The official and authentic decision of a court of justice upon the rights and claims of parties to an action or suit submitted to the court for determination.

Judicial Review - The authority of a court to review the official actions of other branches of government. Also, the authority to declare unconstitutional the actions of other branches.

Jurisdiction - The power or authority of a court to hear and try a case; the geographic area in which a court has power or the types of cases it has power to hear.

Jury - A certain number of men and women selected according to law and sworn to try a question of fact or indict a person for public offense.

K

Kidnapping - The unlawful and carrying away of a human being by force and against his will.

Knowingly - With knowledge, willfully or intentionally with respect to a material element of an offense.

L

Larceny - Obtaining property by fraud or deceit.

Leniency - Recommendation for a sentence less than the maximum allowed.

M

Magistrate - Judicial officer exercising some of the functions of a judge. It also refers in a general way to a judge.

Malicious Prosecution - An action instituted with intention of injuring the defendant and without probable cause, and which terminates in favor of the person prosecuted.

Manslaughter - The unlawful killing of another without intent to kill; either voluntary (upon a sudden impulse); or involuntary (during the commission of an unlawful act not ordinarily expected to result in great bodily harm).

Marshal - The executive officer of the federal court.

Material Evidence - Evidence which is relevant to the issues in a case.

Mens Rea - Literally in Latin, "guilty mind." The intent required to commit the crime. It is a prerequisite to conviction for a crime involving a moral wrong, but it is not a prerequisite to conviction for an act that is a crime only because a statute designates it to be a crime, e.g., overtime parking.

Minor - A person under the age of legal competence.

Minute Book - A book maintained by the courtroom deputy (bailiff), which contains minute entries of all hearings and trial conducted by the judge.

Miranda Warning - Requirement that police tell a suspect in their custody of his or her constitutional rights before they question him or her. So named as a result of the Miranda v. Arizona ruling by the United States Supreme Court.

Misdemeanor - A criminal offense lesser than a felony and generally punishable by fine or by imprisonment other than in a penitentiary.

Mistrial - An invalid trial, caused by fundamental error. When a mistrial is declared, the trial must start again from the selection of the jury.

Mitigating Circumstances - Those which do not constitute a justification or excuse for an offense but which may be considered as reasons for reducing the degree of blame.

Mitigation - A reduction, abatement, or diminution of a penalty or punishment imposed by law.

Moot - A moot case or a moot point is one not subject to a judicial determination because it involves an abstract question or a pretended controversy that has not yet actually arisen or has already passed. Mootness usually refers to a court's refusal to consider a case because the issue involved has been resolved prior to the court's decision, leaving nothing that would be affected by the court's decision.

Motion - An application made to a court or judge which requests a ruling or order in favor of the applicant.

Motion in Limine - A motion made by counsel requesting that information which might be prejudicial not be allowed to be heard in a case.

Murder - The unlawful killing of a human being with deliberate intent to kill: (1) murder in the first degree is characterized by premeditation; (2) murder in the second degree is characterized by a sudden and instantaneous intent to kill or to cause injury without caring whether the injury kills or not.

N

Naturalization - Process by which a person acquires nationality after birth and becomes entitled to privileges of citizenship.

Nolo Contendere - A Latin phrase meaning "I will not contest it." A plea in a criminal case which does not require the defendant to admit guilt, but the defendant does not contest the facts on which the charge is based. Some judges refuse to accept such pleas in criminal cases.

Non Campos mentis - Not of sound mind; insane.

Nonjury Trial - Trial before the court but without a jury.

Not Guilty Plea - Complete denial of guilt. In criminal cases, a necessary stage of the proceedings required to preserve all legal issues.

Not Guilty by Reason of Insanity - The jury or the judge must determine that the defendant, because of mental disease or defect, could not form the intent required to commit the offense.

O

Oath - A solemn pledge made under a sense of responsibility in attestation of the truth of a statement or in verification of a statement made.

Objection - The process by which one party takes exception to some statement or procedure. An objection is either sustained (allowed) or overruled by the judge.

On a Person's Own Recognizance - Release of a person from custody without the payment of any bail or posting of bond, upon the promise to return to court.

Opening Statement - The initial statement made by attorneys for each side, outlining the facts each intends to establish during the trial.

Opinion - A judge's written explanation of a decision of the court or of a majority of judges. A dissenting opinion disagrees with the majority opinion because of the reasoning and/or the principles of law on which the decision is based. A concurring opinion agrees with the decision of the court but offers further comment. (A per curiam opinion is an unsigned opinion "of the court.")

Oral Argument - Presentation of a case before a court by spoken argument; usually with respect to a presentation of a case to an appellate court where a time limit might be set for oral argument.

Order - A mandate, command, or direction authoritatively given. Direction of a court or judge made in writing.

Overrule - A judge's decision not to allow an objection. Also, a decision by a higher court finding that a lower court decision was in error.

P

Pardon - An act of grace from governing power which mitigates punishment and restores rights and privileges forfeited on account of the offense.

Parole - Supervised release of a prisoner from imprisonment on certain prescribed conditions which entitle him to termination of his sentence.

Peremptory Challenge - Request by a party that a judge not allow a certain prospective juror as a member of the jury. No reason or cause need be stated.

Perjury - The criminal offense of making a false statement under oath.

Personal Recognizance - In criminal proceedings, the pretrial release of a defendant without bail upon his or her promise to return to court.

Person in Need of Supervision - Juvenile found to have committed a "status offense" rather than a crime that would provide a basis for a finding of delinquency.

Petit Jury - The ordinary jury of twelve (or fewer) persons for the trial of a civil or criminal case. So called to distinguish it from the grand jury.

Petitioner - The person filing an action in a court of original jurisdiction. Also, the person who appeals the judgment of a lower court.

Plea - The first pleading by a criminal defendant, the defendant's declaration in open court that he or she is guilty or not guilty. The defendant's answer to the charges made in the indictment or information.

Plea Bargaining - Process where the accused and the prosecutor in a criminal case work out a satisfactory disposition of the case, usually by the accused agreeing to plead guilty to a lesser offense. Such bargains are not binding on the court. Also referred to as plea negotiating.

Pleadings - The written statements of fact and law filed by the parties to a lawsuit.

Polling the Jury - The act, after a jury verdict has been announced, of asking jurors individually whether they agree with the verdict.

Post-Trial - Refers to items happening after the trial, i.e., post-trial motions or post-trial discovery.

Preliminary Hearing - Also, preliminary examination. A hearing by a judge to determine whether a person charged with a crime should be held for trial.

Presentence Report (PSR)- A report to the sentencing judge containing background information about the crime and the defendant to assist the judge in making his or her sentencing decision.

Presumption of Law - A rule of law that courts and judges shall draw a particular inference from a particular fact, or from particular evidence.

Pretrial Conference - Conference among the opposing attorneys and the judge called at the discretion of the court to narrow the issues to be tried and to make a final effort to settle the case without a trial.

Prima Facie Case - A case that is sufficient and has the minimum amount of evidence necessary to allow it to continue in the judicial process.

Privilege - A benefit or advantage to certain persons beyond the advantages of other persons, i.e., an exemption, immunity, power, etc.

Pro se - For himself; in his own behalf. One who does not retain a lawyer and appears for himself in court.

Probable Cause - A reasonable belief that a crime has or is being committed; the basis for all lawful searches, seizures, and arrests.

Probation - An alternative to imprisonment allowing a person found guilty of an offense to stay in the community, usually under conditions and under the supervision of a probation officer. A violation of probation can lead to its revocation and to imprisonment.

Prosecutor - A trial lawyer representing the government in a criminal case and the interests of the state in civil matters. In criminal cases, the prosecutor has the responsibility of deciding who and when to prosecute.

Public Defender - Government lawyer who provides free legal defense services to a poor person accused of a crime.

Q

Quash - To vacate or void a summons, subpoena, etc.

Quasi-criminal action - A classification of actions such as violation of a city ordinance that is not also violation of a criminal statute, which are wrongs against the public punishable through fines but are not usually indictable offenses.

R

Reasonable Doubt - An accused person is entitled to acquittal if, in the minds of the jury, his or her guilt has not been proved beyond a "reasonable doubt;" that state of minds of jurors in which they cannot say they feel an abiding conviction as to the truth of the charge.

Rebut - Evidence disproving other evidence previously given or reestablishing the credibility of challenged evidence.

Recidivism - The continued, habitual or compulsive commission of law violations after first having been convicted or prior offenses.

Recognizance - An obligation entered into before a court whereby the recognizor acknowledges that he will do a specific act required by law.

Record - All the documents and evidence plus transcripts of oral proceedings in a case.

Recuse - The process by which a judge is disqualified from hearing a case, on his or her own motion or upon the objection of either party.

Re-direct Examination - opportunity to present rebuttal evidence after one's evidence has been subjected to cross-examination.

Rehearing - Another hearing of a civil or criminal case by the same court in which the case was originally heard.

Remand - To send a dispute back to the court where it was originally heard. Usually it is an appellate court that remands a case for proceedings in the trial court consistent with the appellate court's ruling. 

Respondent - The person against whom an appeal is taken.

Restitution - Act of restoring anything to its rightful owner; the act of restoring someone to an economic position he enjoyed before he suffered a loss.

Retainer - Act of the client in employing the attorney or counsel, and also denotes the fee which the client pays when he or she retains the attorney to act for them.

Reverse - An action of a higher court in setting aside or revoking a lower court decision.

Reversible Error - A procedural error during a trial or hearing sufficiently harmful to justify reversing the judgment of a lower court.

Robbery - Felonious taking of another's property, from his or her person or immediate presence and against his or her will, by means of force or fear.

Rules of Evidence - Standards governing whether evidence in a civil or criminal case is admissible.

S

Search Warrant - A written order issued by a judge that directs a law enforcement officer to search a specific area for a particular piece of evidence.

Seal - To mark a document with a seal; to authenticate or make binding by affixing a seal. Court seal, corporate seal.

Self Defense - The claim that an act otherwise criminal was legally justifiable because it was necessary to protect a person or property from the threat or action of another.

Self-Incrimination, Privilege Against - The constitutional right of people to refuse to give testimony against themselves that could subject them to criminal prosecution. The right is guaranteed in the Fifth Amendment to the United States Constitution . Asserting the right is often referred to as "taking the Fifth."

Sentence - The punishment ordered by a court for a defendant convicted of a crime.

Sequester - To separate. Sometimes juries are separated from outside influences during their deliberations. For example, this may occur during a highly publicized trial.

Sequestration of Witnesses - Keeping all witnesses (except plaintiff and defendant) out of the courtroom except for their time on the stand, and cautioning them not to discuss their testimony with other witnesses. Also referred to as "separation of witnesses."

Sheriff - The executive officer of local court in some areas. In other jurisdictions the sheriff is the chief law enforcement officer of a county.

Sidebar - A conference between the judge and lawyers, usually in the courtroom, out of earshot of the jury and spectators.

Sovereign Immunity - The doctrine that the government, state or federal, is immune to lawsuit unless it give its consent.

Standard of Proof- Indicates the degree to which the point must be proven. In a civil case, the burden of proof rests with the plaintiff, who must establish his or her case by such standards of proof as a "preponderance of evidence" or "clear and convincing evidence."

Status Offenders - Youths charged with the status of being beyond the control of their legal guardian or are habitually disobedient, truant from school, or having committed other acts that would not be a crime if committed by an adult, i.e., smoking. Also referred to as minors or children in need of supervision.

Statute - Legislative enactment; it may be a single act of a legislature or a body of acts which are collected and arranged for a session of a legislature.

Statute of Limitations - A statute which limits the right of a plaintiff to file an action unless it is done within a specified time period after the occurrence which gives rise to the right to sue.

Statutory - Relating to a statute; created or defined by a law.

Statutory Law - Laws promulgated by Congress and state legislatures. (See case law and common law.)

Stay - A court order halting a judicial proceeding.

Stipulation - An agreement between the parties involved in a suit regulating matters incidental to trial.

Subpoena - A command to appear at a certain time and place to give testimony upon a certain matter.

Subpoena Duces Tecum - A court order commanding a witness to bring certain documents or records to court.

Substantive Criminal Law - Law with the purpose of prevention of harm to society which prescribed punishment for specific offenses. The basic law of rights and duties as opposed to "remedial law" which provides methods of enforcement.

Summons - Instrument used to commence a civil action or special proceeding; the means of acquiring jurisdiction over a party.

Suppress - To forbid the use of evidence at a trial because t is improper or was improperly obtained.

Sustain - A court ruling upholding an objection or a motion.

T

Temporary Restraining Order (TRO) - An emergency remedy of brief duration issued by a court only in exceptional circumstances, usually when immediate or irreparable damages or loss might result before the opposition could take action.

Testimony - The evidence given by a witness under oath. It does not include evidence from documents and other physical evidence.

Transcript - A written, word-for-word record of what was said. Usually refers to a record of a trial, hearing, or other proceeding which has been transcribed from a recording or from shorthand.

Trial - A judicial examination of issues between parties to an action.

Trial Brief - A written document prepared for and used by an attorney at trial. It contains the issues to be tried, synopsis of evidence to be presented and case and statutory authority to substantiate the attorney's position at trial.

U

United States Attorney - A federal district attorney appointed by the President to prosecute for all offenses committed against the United States; to prosecute or defend for the government all civil actions in which it is concerned and perform all duties of the district to which he/she is assigned.

United States Court of Appeals - Courts which hear appeals from federal district courts, bankruptcy courts, and tax courts.

United States Court of Appeals for the Armed Forces - Court which hears appeals from court marshal decisions .

United States Court of Claims - Court which hears actions against the U.S. Government.

United States District Courts - Courts which try both criminal and civil actions and admiralty cases.

United States Magistrate Judge - Courts given authority by 28 U.S.C. s 636. This court hears all preliminary criminal matters, but does not conduct felony trials, and any pretrial civil matters referred by the district court. If all parties consent, criminal misdemeanor and civil trials can be heard by this court.

United States Marshal's Service - Agency which serves civil and criminal process in federal courts.

United States Reports - Publication of court decisions of the United States Supreme Court.

United States Supreme Court- The highest court in the land, established by U.S. Constitution.

Unlawful Detainer - A detention of real estate without the consent of the owner or other person entitled to its possession.

V

Vacate - To set aside.

Venire - A writ summoning persons to court to act as jurors.

Venue - Authority of a court to hear a matter based on geographical location.

Verdict - A conclusion, as to fact or law, that forms the basis for the court's judgment.

Visa - An official endorsement on a document or passport denoting that the bearer may proceed.

Voir Dire - The preliminary examination made in court of a witness or juror to determine his competency or interest in a matter. Literally, to speak the truth.

W

Waiver - Intentionally given-up right.

Waiver of Immunity - A means authorized by statute by which a witness, before testifying or producing evidence, may relinquish the right to refuse to testify against himself or herself, thereby making it possible for his or her testimony to be used against him or her in future proceedings.

Warrant - Most commonly, a court order authorizing law enforcement officers to make an arrest or conduct a search. An application seeking a warrant must be accompanied by an affidavit which establishes probable cause by detailing the facts upon which the request is based.

With Prejudice - A declaration which dismisses all rights. A judgment barring the right to bring or maintain an action on the same claim or cause.

Without Prejudice - A declaration that no rights or privileges of the party concerned are waived or lost. In a dismissal these words maintain the right to bring a subsequent suit on the same claim.

Witness - One who personally sees or perceives a thing; one who testifies as to what he has seen, heard, or otherwise observed.

Writ - A judicial order directing a person to do something.

Writ of Certiorari - An order issued by the Supreme Court directing the lower court to transmit records for a case for which it will hear on appeal.

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