lawyer terms you need to know when defending yourself

You may know your way around some of the more commonly used courtroom terms, such as testimony, objection, cross-examination, plea bargain and circumstantial evidence. But have you ever found yourself baffled by some of the legalese you hear in the episodes of your favorite court-based shows?

Full Answer

How to defend yourself in court?

When defending yourself in court, focus on one or two great points, and stick to them! Not only will this lead to less writing and stress on your end, it leads to less work for the judge. Allowing them to focus on the point you are arguing, without being overburdened.

Should I hire a lawyer to defend myself in court?

One of the reasons people choose to defend themselves in court is because they cannot afford to hire an attorney. If this is why you are planning to defend yourself, you should determine whether there any ways to retain a low-cost or free attorney to assist you in preparing your defense or handle the entire case themselves.

What are the legal requirements to defend yourself against an attacker?

The ability of the attacker. If the attacker had the ability to cause your death or grievous harm if the attack was allowed, then you can defend yourself with the same ability. This usually means an attacker must be armed with a weapon that could be lethal, such as a knife or a gun.

Why do I need an attorney for a criminal defense attorney?

Prosecutors are required by law to protect the identity of witnesses while they are preparing their case so the witnesses are not put in jeopardy. This is one of the reasons you should seriously consider getting an attorney.

What are the 5 elements of self-defense?

There are five inter-related elements necessary to justify use of deadly force in self-defense: Innocence, imminence, proportionality, avoidance and reasonableness. They are well illustrated here. Of these five elements, the overriding one here and in most cases is reasonableness.

What is it called when you can defend yourself?

Self-defense is defined as the right to prevent suffering force or violence through the use of a sufficient level of counteracting force or violence.

What words are used in the court of law?

Learning Court Vocabularyallegation: something that someone says happened.continuance: Put off trial unitl another time.cross examine: Questioning of a witness by the attorney for the other side.interview: A meeting with the police or prosecutor.juror: A person who is on the jury.oath: A promise to tell the truth.More items...

What is it called when a lawyer defend someone?

Defense attorney, also known as a defense lawyer, is an attorney representing a defendant in a lawsuit or criminal prosecution.

How do you defend yourself in an argument?

The key is to put yourself into a state of compassion and empathy and keep reminding yourself that the negativity isn't about you — it's an internal issue the other person is dealing with. So whatever the other person says, you simply reflect it back to them.

What is self-defence in law?

self-defense, in criminal law, justification for inflicting serious harm on another person on the ground that the harm was inflicted as a means of protecting oneself.

What are legal terms?

In Contract Law, Terms means Terms of a Contract, the conditions and warranties agreed upon between parties to the contract. Contract terms may be verbal or in writing. Conditions are those terms which are so important that one or more of the parties would not enter into the contract without them.

How do you speak in a courtroom?

Speak clearly and loudly enough that the judge can hear you. Speak only when it is your turn. When you speak to the judge, act respectfully and call him or her “your honor.” NEVER interrupt the judge. Summarize your point of view.

How do you talk like a judge?

7 Tips: How To Talk To A Judge In The Courtroom#1 Always Address the Judge Properly. The very first rule of how to talk to a judge in court is to always address the judge properly. ... #2 Speak Clearly and Directly. ... #3 Never Interrupt the Judge. ... #4 Keep Your Explanations Short.

How do you defend a guilty client?

4:4610:22Representing Guilty Clients: How do defense lawyers sleep at night?YouTubeStart of suggested clipEnd of suggested clipDeal then you have to take the lead from the client. And do what the client. Wants you to do let'sMoreDeal then you have to take the lead from the client. And do what the client. Wants you to do let's say the client's 100 guilty.

What is one of the most important tasks of defense attorneys?

First and foremost, the most important job of your criminal defense attorney is to fight for you and defend you in the court of law. According to the American Bar Association, the primary responsibility of a criminal defense attorney is to advocate for their clients and defend their rights.

How do you represent yourself in court?

Here are some basic steps you can take to make sure you are prepared to represent yourself in court:Read about the law that applies to your case. Do research at the local public law library. ... Look at the options that would solve your problem without having to go to court. ... Make sure you follow the court procedures.

Is self-defense a human right?

Although overshadowed by the right to interstate self-defense, the right to personal self-defense also forms part of international law. It is a general principle of law recognized by nations, because it can be, found in the major natural law traditions of the world and all domestic criminal law systems.

What is meant by the phrase imperfect self defense?

In the states that recognize it, imperfect self-defense typically applies where a defendant kills someone pursuant to an actual, but unreasonable belief that: there was an imminent threat of death or great bodily injury, or. deadly force was necessary to stop a threat.

What is unlawful aggression?

Actual or material unlawful aggression means an attack with physical force or with a weapon, an offensive act that positively determines the intent of the aggressor to cause the injury.

How to be a good witness in court?

Be polite and forthcoming throughout the proceedings. Never lose your temper with the prosecution or their witnesses, no matter how frustrated you might get. Be professional whenever there are eyes on you.

What to do if you have no choice but to represent yourself?

If you have no choice but to represent yourself, you must prepare your case, familiarize yourself with court procedures, present evidence and witness at trial and file court motions. While it is difficult to represent yourself, there are many things you can do to give yourself the best opportunity to win your case.

What is a civil lawsuit?

In a civil lawsuit, a plaintiff sues a person that they believe has harmed them in some way and that harm has caused damages. There are a variety of civil lawsuits that could be brought such as a personal injury lawsuit, a divorce proceeding, a discrimination case, or a breach of contract case.

What is a plaintiff in a civil case?

The plaintiff is a person who files a civil lawsuit (a case for money damages) against another person or business. If you are involved in a civil as opposed to a criminal case (discussed below) the plaintiff is the person (s) suing you. The plaintiff may or may not be represented by an attorney.

How long do you have to respond to a lawsuit?

In general, you will have 30 days to respond to a lawsuit, starting with the day you were served with the complaint. In order to respond, you will have to file an answer. If you do not file an answer in time, you risk having the court rule in favor of the plaintiff in what is called a default judgment.

How to find the rules of a court case?

If your case is in state court, you can locate the relevant rules by conducting an internet search with your state name and “rules of civil procedure” or “rules of criminal procedure,” and “rules of evidence.”. You can locate local court rules by calling the court clerk where your case is being heard.

What is the process of discovery?

Conduct discovery. As soon as you file your answer, a legal process called discovery will begin. During discovery each party will have the opportunity to request information from the other party in order to learn about the strengths and weaknesses of the case.

1. Affidavit

Affidavit may appear to be an unusual term, but all it means is a written statement made under oath. It’s derived from a Latin phrase meaning “he has declared under oath.” In order to be valid in court, an affidavit must be signed in the presence of a notary public or another official taker of oaths.

2. Counsel

Counsel is a common word that has a unique meaning in the context of law. Both your lawyer and any legal advice they give you fall under the definition of counsel. In the U.S., counselor is often used interchangeably with the word lawyer.

3. De facto

De facto is Latin for “in fact.” It’s used in court to describe practices that exist but aren’t officially recognized by laws. For example, English is the de facto language in the US but there’s no official national language according to the law. When a practice is directly backed by the law, it’s known as de jure, which is Latin for “by law.”

4. Grand jury

A grand jury is comprised of 16 to 23 citizens who listen to the arguments made by both the prosecution and defense, as well as observe any evidence, to determine if the individual on trial is guilty of the crime they’re being charged with.

5. Habeas Corpus

Habeas corpus is yet another Latin term, meaning “you have the body.” A writ of habeas corpus is used to force law enforcement authorities to justify why they’re holding a certain prisoner. It demands that a prisoner be brought to court so a judge can determine if the prisoner is being detained unlawfully.

6. Litigation

Litigation is a broad term that refers to the process of settling any dispute in court. It can involve lawsuits, criminal proceedings, or any other action that’s resolved in a court of law.

7. Standard of Proof

The standard of proof is the degree of evidence necessary to charge a defendant in a given court case. There are three levels, depending on the specific type of case — preponderance of the evidence, clear and convincing, and beyond a reasonable doubt.

What is the most important aspect of representing yourself in court?

It’s true, the most important aspect of representing yourself in court is to: learn the law. You may have already suspected that. Yet, the only way to win in court is to know the law! And David cuts straight to the point with this tip. “The most important piece of advice for pro se litigants is to learn the law.

When speaking in court, be direct?

“When speaking in court, be direct. If something that can be said in 20 words takes 20 minutes, you lose your listener. A judge will appreciate a well-thought, succinct argument. Going on tangents will just annoy or bore the listener, and you lose impact.”

What is dressing in court?

Look, dressing is one part of appearing in court, the other is being respectful to the judge, and the rest of the court. This of course includes the jury, the clerk or court, and court reporters. It’s true, other attorneys stressed the importance of: appearance in court when representing yourself without an attorney .

Why are rules important in court?

The court’s rules — establish order, and ensure that the process is (at least somewhat) fair, even for those who want to represent themselves.

How many cases ended in a guilty plea in 2011?

As of 2011, 65% of cases in the review ended in a guilty plea for pro se litigants. Note that this number excludes all dismissed cases or cases disposed before trial. This was compared to around a 95% guilty finding for those with legal representation.

How many pro se cases were dismissed in 2011?

According to a review by the Federal Courts Law Review in the year 2011, around 33% of pro se cases were dismissed in federal courts. Compared to only 5% of cases where an attorney represented a client.

How to prepare for a trial?

However if you are going to do so be sure to: 1 Consider Your Options 2 Prepare for pre-trial 3 Learn the law 4 Learn court rules 5 Learn the rules of evidence 6 Act with respect 7 and Meet deadlines

What is a demurrer in law?

demurrer (dee-muhr-ur): A formal response to a complaint filed in a lawsuit, pleading for dismissal and saying , in effect, that even if the facts are true , there is no legal basis for a lawsuit. Examples include a missing necessary element of fact, or a complaint that is unclear.

What do paralegals need to know?

As a paralegal you will need to become familiar with legal terms and especially familiar with terms used in the field of law you end up working in. Should you work for a public defender, prosecutor or criminal defense attorney you will be dealing with more terms relating to criminal law.

What is a felony in the US?

felony: A serious crime punishable by death or at least one year in a state or federal prison. Felonies include arson, rape, perjury and homicide. When theft is involved, the value of that which was stolen determines whether the offense is considered a misdemeanor or felony.

What does the party at fault have to pay for?

For instance, if someone is injured in a car accident and the party who injures them has to pay compensatory damages, the party at fault must cover cost of things such as the ambulance, doctors’ bills, hospital stays, medicine, physical therapy and lost wages.

What does diligence mean in medical terms?

diligence: Reasonable care or attention to a matter; for instance, looking both ways before proceeding after stopping at a stop sign, washing your hands before cooking food in a restaurant or operating in a hospital or checking brakes and other mechanical components on tour buses at regular intervals.

What is the meaning of "law" in the United States?

In the United States, laws can be statutes, ordinances or regulations, and are usually enacted by the legislative branch at a state or federal level, or by a branch of the government with authorization from a law already established. malfeasance: Doing something illegal or morally wrong.

What is the difference between a contract and a constitutional law?

constitutional law: Law prescribed by the written federal and state constitutions, as well as the interpretation and implementation of this law. contract: An agreement between two or more parties to do or refrain from doing something; this often involves a promise of something in return for something of value.

What is the law glossary?

A glossary to help you through your 1st year of law school. The law has a language all its own. Here are some of the most common legal terms and definitions every 1st-year law student needs to know. One of the reasons law school is so challenging is that lawyers talk differently. There are a whole host of words you’ll hear for ...

What is a statute?

Statute. A law written and approved by the federal or state legislature. Uniform laws. A compilation of laws sponsored by the National Conference of Commissioners on Uniform State Laws and proposed to all state legislatures for their consideration and adoption.

What is a headnote in a Westlaw case?

Headnotes. Editors of published case reports include with the opinions a series of very brief summaries of the major issues. In Westlaw, the headnotes include the topic and key number, and contain the same language as the digest summary of the case. Injunction.

What does "ad hoc" mean in legal terms?

Shorthand for “cause of action”; a lawsuit. Ad hoc. Latin shorthand meaning “for this purpose only.”. For example, an ad hoc attorney is an attorney hired to handle 1 problem. ADR. Abbreviation for “alternative dispute resolution,” which refers to the settling of legal disputes by means other than trial.

What is a bona fide purchaser?

Bona fide. Good faith (e.g., a bona fide purchaser is an individual who purchases in good faith for value). Caveat emptor.

Why is law school so challenging?

One of the reasons law school is so challenging is that lawyers talk differently. There are a whole host of words you’ll hear for the 1st time once you start law school. To make matters worse, some of your professors are so used to throwing around these words that they won’t slow down and explain what they mean.

What is the meaning of the title 26 of the United States Code?

Damages. Compensation imposed by the law to one who has suffered harm due to another’s wrongdoing. Decedent. A dead person (i.e., the deceased).

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 happens if a defendant pled not guilty?

If the defendant pled “not guilty,” then the judge will use the pretrial hearing to set a date for the trial. Additionally, this hearing allows legal teams to challenge the permissibility of evidence, come to settlement agreements and discuss other important pretrial matters.

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.

When is your right to defend yourself protected?

Your right to defend yourself is protected if you are the victim of a verbal or physical threat that you believe has put you in immediate danger of injury or death. However, if the threat disseminates, your right to self-defense no longer applies.

Can you use self defense against animals?

Can you use self-defense against animals? Yes, you can use self-defense against an animal. However, just like acting in self-defense against another individual, the animal must be the aggressor and instigator of the situation. It is also important that you use reasonable force without the intent to kill when you are acting in self-defense against an animal.

Is it possible to defend yourself if you are a reasonable person?

If any reasonable person would have acted in self-defense as a result of a threat, your right to defend yourself is protected. This would be determined after the incident by a lawyer. However, it is important to assess if you are reacting reasonably to a threat or if the perceived level of threat has been elevated in your mind.