prose – Latin term meaning “on one`s own account”; In the courts, these are people who present their own cases without a lawyer. Chief Justice – The judge who has primary responsibility for the administration of a court. The President also decides on business, and the choice of Presidents is determined by seniority. Britannica English: Translation of stance for Arabic Speakers jurisprudence – The study of law and the structure of the legal system. habeas corpus – A brief often used to bring a prisoner to court to determine the lawfulness of his detention. A detainee who wishes to argue that there are insufficient grounds for detention would file an application for habeas corpus. It can also be used to detain a person in court in order to testify or be prosecuted. Case law – The use of judicial decisions to determine how other laws (p. e.g., laws) apply in a particular situation.
For example, a trial court may use an earlier Supreme Court decision that presents similar problems. Middle English attitude, unshakeable, from Middle French estance position, haltung, stay, from Old French, from Vulgar Latin *stantia, from Latin stant-, stans, present participle of stare to stand These sample sentences are automatically selected from various online information sources to reflect the current use of the word “attitude”. The views expressed in the examples do not represent the views of Merriam-Webster or its editors. Send us your feedback. Judgment – The official decision of a court that finally decides on the respective rights and claims of the parties to a dispute. Bankruptcy – Refers to laws and legal proceedings involving individuals or businesses who are unable to pay their debts and who seek court assistance to make a fresh start. Under the protection of the bankruptcy court, debtors can repay their debts, possibly by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
Suit – A lawsuit brought by a plaintiff against a defendant based on a claim that the defendant failed to comply with a legal obligation, causing harm to the plaintiff. Jurisdiction – (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have jurisdiction to hear the same case at the same time. Some issues may be brought in state and federal courts. The plaintiff first decides where to file the lawsuit, but in some cases, the defendant may try to change the court. (2) The geographical area in which the court has jurisdiction to hear cases. For example, a federal court in a state can generally only decide a case arising from lawsuits filed in that state. Small jury (or trial jury) – A group of citizens who hear evidence presented by both parties to the trial and determine the disputed facts. The federal criminal jury is composed of 12 people.
The civil jurors of the Confederation are composed of six persons. The glossary of legal terms defines more than 100 of the most common legal terms in easy-to-understand language. The terms are listed in alphabetical order and can be best viewed by selecting a letter here: Court – Government agency empowered to settle disputes. Judges sometimes use the term “court” to refer to themselves in the third person, as in “The court read the pleadings.” Common Law – The legal system that originated in England and is now used in the United States. It is based on judicial decisions and not on laws passed by the legislature. voir dire – A procedure by which judges and lawyers select a small jury from among those empowered to determine knowledge of the facts of the case and willingness to decide the case solely on the basis of the evidence presented to the court. “See to say” is an expression that means “to tell the truth”. Grand jury – A group of citizens who hear evidence of criminal allegations presented by the government and determine whether there are probable grounds to believe the crime was committed. As used in federal criminal cases, “the government” refers to lawyers in the U.S. Attorney`s Office who are pursuing the case. Trial before a grand jury is closed to the public and the person suspected of having committed the crime is not allowed to be present or have a lawyer present.
States are not required to appoint grand juries, but the federal government must do so under the Constitution. advice – legal advice; A term used to refer to lawyers in a case. Bail – security for the release of an accused or witness in pre-trial detention (usually in the form of money) to ensure his or her appearance on the agreed day and time. Record – To place a document in the official custody of the court clerk to record records or records of a case. Lawyers must file a variety of documents for the duration of a case. Hearsay – The testimony of a witness who did not see or hear the incident in question, but learned about it through second-hand information such as someone else`s testimony, a newspaper or a document. Hearsay is generally not admissible as evidence in court, but there are many exceptions to this rule. Cross-examination – the examination of a witness by counsel for the other party.
Pre-trial hearing – A hearing in which the judge decides if there is enough evidence to bring the accused to justice. Pre-negotiations do not require the same rules as court proceedings. For example, hearsay is often admissible during the preliminary hearing, but not at the main hearing. Waybill – A protocol with short entries of legal proceedings. Federal Issue – Jurisdiction of federal courts in matters involving the interpretation and application of the United States Constitution, acts of Congress and treaties. In some cases, state courts can also decide these issues, but cases can still go to federal courts. Jury – Persons selected in accordance with the law and sworn to investigate questions of fact and render a verdict. State court jurors can only be six jurors in some cases. Federal civil prosecutions must have six jurors, criminal prosecutions must have twelve. Parties – plaintiffs and defendants (plaintiffs and defendants) of claims, also known as appellants and appellants, and their counsel.
Expert opinion – A written statement by a judge about a court decision. In an appeal, several opinions can be written. The decision of the court emanates from the majority of the judges and forms the majority opinion. A dissenting opinion disagrees with the majority because of the reasoning and/or legal principles on which the decision is based. A concurring opinion agrees with the Court`s final result, but offers further comments, perhaps because they disagree with how the court reached its conclusion. Transcript – A written, verbatim record of what was said, either in a proceeding such as a trial or in another conversation. in forma pauperis – In the manner of a poor man. Allowing a person to sue for need or poverty without paying court fees. Supported by Black`s Law Dictionary, Free 2nd ed., and The Law Dictionary. Litigation – A case, controversy or litigation. Participants (plaintiffs and defendants) in litigation are called litigants.
Jury indictment – judge`s instructions to the jury regarding the law applicable to the facts of the trial. beyond a reasonable doubt – the standard required to convict a criminal accused of a crime. The prosecution must prove his guilt so that there is no reasonable doubt for the jury as to the guilt of the accused. Impeachment – (1) The process of questioning something, as in “the accusation of witness testimony.” (2) The constitutional process by which the House of Representatives can “impeach” (charge) senior federal officials for trial by the Senate. Probable cause – Many suspicions that lead to certain facts being likely to be true. The Fourth Amendment requires a probable reason for issuing an arrest or search warrant. Misdemeanor – Generally a misdemeanor, a less serious felony than a crime punishable by less than one year in prison. uphold – The decision of an appellate court not to overturn a decision of a lower court. Also called “affirmation” in bench – “In bank” or “complete bank”.
Refers to hearings attended by all members of a tribunal, not the usual quorum. U. Courts of appeal usually sit in chambers of three judges, but may extend to a larger number in certain cases that they consider important enough to be decided by the court as a whole. They should then sit on a bench. Defendant – in a civil action, the person against whom an appeal has been brought; in criminal proceedings, the person charged with the offence. Injunction – Prohibits a person from engaging in any act that is likely to cause irreparable harm. This differs from an injunction in that it can be issued immediately, without notifying the opposing party and without being heard. It should last only until the oral proceedings can take place.
Alford Plea – A plea from the accused that allows him to assert his innocence but allows the court to convict the accused without going through the trial. In essence, the defendant accepts that the evidence is sufficient to prove his guilt. Such advocacy is often made to negotiate an agreement with the prosecutor on less serious charges or a sentence. Indictment – A procedure whereby a person accused of committing a crime is brought to trial, informed of the charges against him, and asked to plead guilty or not guilty.
