Full Answer
A person charged with committing a criminal offence or offences. Other words for accused are “defendant” and “alleged offender”. When the Magistrate, jury or appeal court finds that a person is not guilty of the crime. A break in legal proceedings, either for part of a day or put off until another day.
Another name for a Prosecutor (see below). A higher (or intermediate) court that operates in some jurisdictions. In some States/Territories the equivalent court is the District Court. The building where the case is heard.
This is the term used for a lawyer who argues for the conviction of a defendant in a criminal case. A person cannot be convicted in a criminal case if there is any of THIS, suggesting that the accused could possibly be innocent.
In a civil case the person who initiates the case is called the plaintiff. Prosecutor: The public official elected in each county to conduct criminal prosecutions on behalf of the state or people. Public Defender: An attorney appointed by and paid by the government to represent people accused of crimes who cannot afford to hire their own lawyers.
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.
An opposing counsel is a lawyer or attorney representing an opposing party in a lawsuit. In a legal dispute, you'll typically have the plaintiff represented by an attorney along with the defendant also legally represented. The plaintiff's attorney is the opposing counsel to the defendant's attorney and vice-versa.
interrogatories - Written questions asked to one party by an opposing party, who must answer them in writing under oath. Interrogatories are a part of discovery in a lawsuit.
Self-defense is commonly asserted by those charged with crimes of violence, such as battery, assault, or murder. The defendant admits to having used violence, but claims that it was justified by the other person's threatening or violent actions.
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 full opportunity to present and establish opposing contentions before the court.
If one party to a case has filed a motion with the court, the other side can file an “opposition.” An “opposition” is a written statement explaining to the judge why the other side is not entitled to whatever he is asking for in his motion. It is your opportunity to oppose the other side's request.
an out-of-court statementDefinition. Hearsay is an out-of-court statement offered to prove the truth of whatever it asserts.
overrule. v. 1) to reject an attorney's objection to a question to a witness or admission of evidence. By overruling the objection, the trial judge allows the question or evidence in court. If the judge agrees with the objection, he/she "sustains" the objection and does not allow the question or evidence.
Once an attorney makes an objection, the judge then makes a ruling. If a judge sustains the objection, it means that the judge agrees with the objection and disallows the question, testimony or evidence.
With an exculpation defense, the accused admits wrongdoing but argues he or she should be freed from culpability or assessed reduced liability (in civil cases) for the crime due to mitigating circumstances surrounding the offense.
In criminal law, actions may sometimes be excused if the actor is able to establish a defense called duress. The defense can arise when there's a threat or actual use of physical force that drives the defendant—and would've driven a reasonable person—to commit a crime.
Six arguments can be used in the defense against a criminal indictment: my client did not do it; my client did it, but is not responsible because he or she is insane; my client did it but has a good excuse; my client did it but has a good reason; my client did it but should be acquitted because the police or the ...
bail - Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
To make such a request is "to appeal" or "to take an appeal.". Both the plaintiff and the defendant can appeal, and the party doing so is called the appellant. Appeals can be made for a variety of reasons including improper procedure and asking the court to change its interpretation of the law.
Federal criminal juries consist of 12 persons. Federal civil juries consist of six persons. plaintiff - The person who files the complaint in a civil lawsuit. plea - In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges in open court.
A. acquittal - Judgment that a criminal defendant has not been proven guilty beyond a reasonable doubt. affidavit - A written statement of facts confirmed by the oath of the party making it. Affidavits must be notarized or administered by an officer of the court with such authority.
appellate - About appeals; an appellate court has the power to review the judgment of another lower court or tribunal. arraignment - A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
charge to the jury - The judge's instructions to the jury concerning the law that applies to the facts of the case on trial. chief judge - The judge who has primary responsibility for the administration of a court. The chief judge also decides cases, and the choice of chief judges is determined by seniority.
circumstantial evidence - All evidence that is not direct evidence (such as eyewitness testimony). clerk of court - An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
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.
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.
Bankruptcy code. The informal name for title 11 of the United States Code (11 U.S.C. §§ 101-1330), the federal bankruptcy law. Bankruptcy court. The bankruptcy judges in regular active service in each district; a unit of the district court. Bankruptcy estate.
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.
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.
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.
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).
Alleged offender. Until a person is proved to be guilty of a crime, the person is an “alleged offender”, an “accused” or a “defendant”.
The procedure where a person is taken into police custody to be charged with a criminal offence or to be brought before a court and must remain in police custody until granted bail or until a court deals with their charges..
Beyond reasonable doubt. The test (or standard of proof) used by a jury, judge or magistrate to decide if the accused or defendant is guilty or not guilty of each criminal charge. It must be proved beyond reasonable doubt that a person has committed an offence before they can be found guilty.
Committal hearing. A hearing of all the evidence supporting the charge in the lower court by a magistrate who then decides if there is enough evidence for the case to go to trial. In some cases witnesses may be required to give evidence at a committal hearing.
A group of (usually) 12 people chosen at random from the general community who are tasked with the responsibility of determining whether the defendant is guilty on the evidence presented in a criminal trial. The jury determines the verdict (that is, whether the accused is Guilty or Not Guilty).
Brief or Brief of Evidence. This is a collection of statements from witnesses (both police and ordinary witnesses), expert reports, medical reports, photographs, bail papers, charge sheets, etc. that is given to the CDPP by the police or investigating agency after they have finished their investigation.
Accused. A person charged with committing a criminal offence or offences. Other words for accused are “defendant” and “alleged offender”.