in court what is called when lawyer see statement

Full Answer

What do you call a letter of attorney?

This authority is conferred by an instrument in writing, called a letter of attorney, or more commonly a power of attorney. Attorney of Record - The attorney retained or assigned to represent a client.

What is an answer to a case called?

In some courts, an answer is simply called a "response". Appeal. Request to a superior or higher court to review and change the result in a case decided by an inferior or lower court or administrative agency.

What is an attorney in fact?

Attorney-in-Fact. A private person (who is not necessarily a lawyer) authorized by another to act in his or her place, either for some particular purpose, as to do a specific act, or for the transaction of business in general, not of legal character.

Who is the respondent in a lower court case?

Respondent: The respondent is the party that won in the lower court. His name goes second in the case name. (For example, Al Gore was the respondent in Bush v. Gore .)

What is it called when a lawyer makes a statement?

pleadings - Written statements of the parties in a civil case of their positions. In federal courts, the principal pleadings are the complaint and the answer. precedent - A court decision in an earlier case with facts and law similar to a dispute currently before a court.

What is it called when a lawyer argues a case?

Oral arguments are spoken presentations to a judge or appellate court by a lawyer (or parties when representing themselves) of the legal reasons why they should prevail.

What is it called when a lawyer questions a witness?

When the lawyer for the plaintiff or the government has finished questioning a witness, the lawyer for the defendant may then cross-examine the witness. Cross-examination is generally limited to questioning only on matters that were raised during direct examination.

What is a statement in court called?

Affidavit. A written statement of facts confirmed by the oath of the party making it, before a notary or other officer having authority to administer oaths. Affirmed. In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.

What is a witness statement called?

A witness is a person who saw or heard the crime take place or may have important information about the crime or the defendant. Both the defense and the prosecutor can call witnesses to testify or tell what they know about the situation. What the witness actually says in court is called testimony.

What is it called when you are questioned in court?

examination. n. 1) the questioning of a witness by an attorney. Direct examination is interrogation by the attorney who called the witness, and cross-examination is questioning by the opposing attorney.

What are interrogatories used for?

Discovery by interrogatories is a procedure whereby a party or its representative is required to answer in writing, and usually on oath, specific questions prior to the trial, which answers may be tendered against the answering party as evidence in the trial.

What is examination in law?

examination, in law, the interrogation of a witness by attorneys or by a judge.

What is examination of the witness?

Examination refers to an interrogation, inspection, a questioning, or a search. During court trials, examination refers to an interrogation of a witness to determine the testimony of their statement.

What is a statement in legal terms?

A “statement” means any written representation, certification, affirmation, document, record, or accounting or bookkeeping entry made with respect to a claim or with respect to a contract, bid or proposal for a contract, grant, loan or other benefit from the Corporation.

What is defendant statement called?

Introduction: First of all, we should know that what is written statement. Actually, it is a pleading of the defendant in the answer of the plaint led by the plainti against him. It is a reply statement of the defendant in a suit specically denying the allegations made against him by the plainti in his plaint.

What is a written statement in law?

Meaning of written statement A written statement is the statement of the defendant in his defence in which he either admits the claims or denies the facts alleged by plant leaf in his plaint. The defendant can State New facts of the case and legal objections against the claim asked by the plaintiff.

What is the term for the party who appeals a district court decision?

The party who appeals a district court's decision, usually seeking reversal of that decision. Appellate. About appeals; an appellate court has the power to review the judgment of a lower court (trial court) or tribunal. For example, the U.S. circuit courts of appeals review the decisions of the U.S. district courts. Appellee.

What is an appeal in court?

Appeal. A request made after a trial by a party that has lost on one or more issues that a higher court review the decision to determine if it was correct. To make such a request is "to appeal" or "to take an appeal.". One who appeals is called the "appellant;" the other party is the "appellee.".

What is an acquittal?

Acquittal. A jury verdict that a criminal defendant is not guilty, or the finding of a judge that the evidence is insufficient to support a conviction. Active judge. A judge in the full-time service of the court. Compare to senior judge.

What is the term for the party who opposes an appellant's appeal?

The party who opposes an appellant's appeal, and who seeks to persuade the appeals court to affirm the district court's decision. Arraignment. A proceeding in which a criminal defendant is brought into court, told of the charges in an indictment or information, and asked to plead guilty or not guilty.

What is an amicus curiae?

Amicus curiae. Latin for "friend of the court.". It is advice formally offered to the court in a brief filed by an entity interested in, but not a party to, the case. Answer. The formal written statement by a defendant in a civil case that responds to a complaint, articulating the grounds for defense. Appeal.

What is an admissible trial?

Admissible. A term used to describe evidence that may be considered by a jury or judge in civil and criminal cases. Adversary proceeding. A lawsuit arising in or related to a bankruptcy case that begins by filing a complaint with the court, that is, a "trial" that takes place within the context of a bankruptcy case.

What does "equitable" mean in law?

Equitable. Pertaining to civil suits in "equity" rather than in "law.". In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy (see damages). A separate court of "equity" could order someone to do something or to cease to do something (e.g., injunction).

What is case law?

Case law is a way of citing legal precedent. Civil case vs. criminal case: The most commonly cited distinction between civil and criminal cases is that the latter are generally offenses ...

What is an affidavit in court?

Affidavit: A term you’ve likely heard referenced often, an affidavit is simply a written or printed statement made under oath.

What is the process of administration of an estate of a dead person?

Probate: The process of administration of the estate of a dead person is referred to as probate. As such, the appropriate court for handling estate matters is called probate court. Quash: A motion to quash essentially asks the judge to annul or set aside a specific action.

What is the burden of proof in criminal cases?

Burden of proof: The burden of proof refers to the standard used to prove allegations in a court proceeding. The bar for this depends on the type of court proceeding.

What is bench trial vs jury trial?

jury trial: While a jury trial is exactly what it sounds like—a traditional court trial in which the case’s outcome is decided by a jury of peers—a bench trial is a trial in which the judge fulfills the role of the jury.

What is the difference between a subpoena and a summons?

summons: While both entail a requirement for the recipient to appear in court, a subpoena is a process that directs a witness to give testimony or submit evidence, while a summons is a document that orders a person to appear before the court in response to a complaint.

What is a recusal in court?

Recusal: A recusal is the voluntary action by a judge or prosecutor to remove themselves from presiding in a case. Recusals are often based on things like bias, conflict of interest or prejudice—for example, a state prosecutor may choose to recuse from a proceeding if the case is against their former employer.

What is an appeal in civil court?

Appeal - An application to a higher court for review of an order of conviction or of a civil judgment against a party.

What is bail in court?

Bail - Cash or surety posted to procure the release of a defendant in a criminal proceeding by insuring his/her future attendance in court, and compelling him/her to remain within the jurisdiction of the court.

What is an appeal bond?

Appeal Bond - A sum of money posted by a person appealing a judicial decision (appellant). Appearance – (1) The formal proceeding by which a defendant submits to the jurisdiction of the court. (2) A written notification to the plaintiff by an attorney stating that s/he is representing the defendant.

What is an affidavit of insolvency?

Affidavit of Insolvency - A detailed form signed by the defendant, under oath, attesting to his/her indigency (inability to pay for private legal counsel).

What is an arrest warrant?

Arrest Warrant – An order by a judge that gives permission for a police officer to arrest a person for allegedly committing a crime. 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.

What does amend mean in court?

Amend – Improve, correct or change a complaint or other pleading. Amicus Curiae - A friend of the court. One not a party to a case who volunteers, or is asked by the court, to offer information on a point of law or some other aspect of the case to assist the court in deciding a matter before it.

Which office has the discretion to deny a challenge?

The judge has the discretion to deny the challenge. Distinguished from peremptory challenge, which they party can usually exercise as a matter of right. Chambers - A judge’s private office. A hearing in chambers takes place in the judge’s office outside of the presence of the jury and the public.

Who is the defendant in a case?

Defendant: a person who has been formally charged with committing a crime; the person accused of a crime. Defense Attorney: the lawyer who represents the defendant in legal proceedings. Victims are usually not required to speak with defense attorneys except in court, but may do so if they choose.

What is the term for a court order that directs an officer to take a person to prison?

Commitment: the warrant or order by which a court or magistrate directs an officer to take a person to prison. Complaint: a term in civil cases that signifies a filing of a suit. In criminal court, the complaint is the reporting of a crime to authorities.

What is a felony report?

District Attorney’s Report: A report that is prepared by law enforcement in felony cases to inform the District Attorney what the facts are in a case. This is also known as a “felony report.”. District court: where misdemeanor cases are heard concerning the violation of state statutes.

How often do you see a probation officer?

Intensive Probation: Defendants are on supervised probation, have curfews, and see probation officer at least once a week. Investigation: the gathering of evidence by law-enforcement officials (and in some cases prosecutors) for presentation to a grand jury or in a court, to prove that the accused did commit the crime.

What is the purpose of bail?

The purpose of bail is to insure that the offender will return to court. Bailiff: a uniformed officer who keeps order in the courtroom.

What does "accused" mean in court?

A. Accused: formally charged but not yet tried for committing a crime; the person who has been charged may also be called the defendant. Acquittal: a judgment of court, based on the decision of either a jury or a judge, that a person accused is not guilty of the crime for which he has been tried. ADA: Assistant district attorney.

What is bond in court?

Bond: in criminal court, a term meaning the same thing as “bail;” generally a certificate or evidence of a debt. Bond Forfeiture: a hearing to determine if the bond on a defendant is to be forfeited after a defendant fails to show for court. Forfeited bond money goes to the public schools.

How long does it take to get a financial affidavit?

Not only can they request this information, you are required by law to provide all of the following documentation within 45 days of service of the petition, even without a request:#N#(1) A financial affidavit.

Can an opposing counsel propound a request for production?

Opposing counsel can propound a Request for Production that would require your compliance absent a valid and timely objection. Unless you signed a waiver of Mandatory Disclosure, much of these documents were supposed to be exchanged during the divorce. Unless you committed fraud, this Motion should be denied.

What is an administrator in court?

Administrator or Administratrix. Person appointed by a court to administer a deceased person's estate. The person may be male (in which case, he would be referred to as the "administrator") or female (in which case, she would be referred to as the "administratrix"). Adversary Proceeding.

How long does it take for an employer to pay notice of injury?

Once a notice of compensation payable is filed, benefits would begin to be paid, and must begin to be paid, no later than 21 days after the employer receives notice of an employee's injury. Notice of Injury.

What is negligence in law?

More precisely, conduct which falls below the standard of care established by law for the protection of others against unreasonable risks of harm. In order to prevail in a negligence action, the plaintiff must prove, by a preponderance of the evidence, the following four elements: (1) that the defendant owed the plaintiff a duty of care; (2) that the defendant breached that duty; (3) that the defendant's breach of his or her duty of care caused the plaintiff's injury; (4) that the plaintiff suffered injury.

What is an amicus curiae?

Amicus Curiae. (Latin: "friend of the court.") Person or organization that files a legal brief with the court expressing its views on a case involving other parties because it has a strong interest in the subject matter of the action. Admissible Evidence.

How long does it take to get a reinstatement petition?

A reinstatement petition must be filed within three years of the date of the last workers compensation payment.

What is an accepted claim?

Accepted Claim. A claim in which the insurance company accepts that your injury or illness will be covered by workers compensation. Acknowledgment. 1. A statement of acceptance of responsibility. 2. The short declaration at the end of a legal paper showing that the paper was duly executed and acknowledged. Action.

What is a third party lawsuit?

In workers' compensation law, when an injury is caused by the act or failure to act of a party other than the employer, that party is the "third party," and the injured worker may file a lawsuit against that party.

What to do if your lawyer doubts you?

Tell the Truth. If your lawyer doubts you in the consultation, or doesn't think you have a case, while that may change over time, getting over an initial disbelief is very hard. You have to prove your case. Your attorney is not your witness. They are your advocate - but you are responsible for coming up with proof.

Why do people hire lawyers?

Most people hired attorneys because they don't want to sit in court. Well, truth be told, neither do I. The difference between lawyer and client is that the lawyer expects it to take a long time and understands. The client typically thinks it's unjustified. So, your hard truth is that each case takes time. Be patient.

Why is credibility important in court?

Credibility is one of the most important things in this world - and most important in a courtroom. If you care enough only to wear sweats to the courthouse, then the judge will see that you don't care, and that will be reflected in their desire to help you, listen to you, and decide in your favor. Step it up.

What to say when a judge can see your boobs?

If the judge can see your boobs, he's not listening to your story. If I can see your boobs, then I know you didn't care enough about yourself to talk to an attorney. Dress like you are going to church. Credibility is one of the most important things in this world - and most important in a courtroom.

What happens if you don't pay your lawyer?

If you don't pay your lawyer on the day of trial, or however you have agreed to, then while he or she may be obligated by other ethical duties to do his/her best, they won't be motivated by sympathy for you, and it will show in court.

What to do if no one can confirm a story is true?

If no one can confirm that the story is true, you will at least need something external, such as a hard copy document, to prove your case. Be prepared.

Can a lawyer take your money?

While lawyers can certainly take your money and your time and we can file a case that will be very hard to win, if you don't care enough about your life to get a contract, the judge is not very likely to be on your side. At least, not automatically. Oral contracts are extremely hard to prove. What are the terms.