what is a law term used for the lawyer on the other side

What is the legal term for lawyer?

Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case in favor of one side or the other. Ex parte . A proceeding brought before a court by one party only, without notice to or challenge by the other side. Exclusionary rule

What do you call someone who practices law?

Lawyers who specialize in criminal law may work on either side of the adversary process -- defense or prosecution. Those who defend the accused may work in private practice or in a public defender's office. Those who work for the prosecution side will generally be employed by the government, e.g. in District Attorneys' offices, etc.

What is the legal terms glossary?

Counsel - Legal adviser; a term used to refer to lawyers in a case. Counterclaim - A claim made by the defendant in a civil lawsuit against the plaintiff. In essence, a counter lawsuit within a lawsuit. Court - Government entity authorized to resolve legal disputes. Judges sometimes use “court” to refer to themselves in the third person, as in “the court has read the brief.”

What is a lawyer called in Australia?

A Barrister is usually the term used to refer to a lawyer that frequents Court, or a Court lawyer. In Australia, the word "lawyer" can be used to refer to both barristers and solicitors (whether in private practice or practicing as corporate in-house counsel), and whoever is admitted as a lawyer of the Supreme Court of a state or territory.

What term means opposing sides in law?

adverse partyadverse party. n. the opposite side in a lawsuit. Sometimes when there are numerous parties and cross-complaints, parties may be adverse to each other on some issues and in agreement on other matters.

What are the two sides of a legal case called?

parties - Plaintiffs and defendants (petitioners and respondents) to lawsuits, also known as appellants and appellees in appeals, and their lawyers. petit jury (or trial jury) - A group of citizens who hear the evidence presented by both sides at trial and determine the facts in dispute.

What is the legal terminology?

Specialized terminology refers to words that are specific to the legal profession. Some specialized terms originated within the legal system for the purpose of conveying meanings specific to law.

What is an example of legal jargon?

Bar - general term referring to a group of attorneys - example: "The Bar of the 26th Judicial District is active in community issues." Bench - term used to refer to judges or the court - example: "Please approach the bench" refers to approaching the judge. Biological Father – the natural father of a child.

What is a gavel used for?

This shows grade level based on the word's complexity. a small mallet used by the presiding officer of a meeting, a judge, etc., usually to signal for attention or order. a similar mallet used by an auctioneer to indicate acceptance of the final bid.

What are the lawyers in court called?

counsel. legal a lawyer who gives someone legal advice and represents them in a court of law.

What are the different terminologies?

argot, cant, dialect, idiom, jargon, language, lexicon, lingo, patois, vernacular, vocabulary.

What is another word for legally?

In this page you can discover 32 synonyms, antonyms, idiomatic expressions, and related words for legally, like: lawfully, illicitly, by statute, rightfully, authorized, licitly, allowably, illegal, constitutionally, juridically and by-law.

What is another word for legal document?

What is another word for legal document?deedcontractlegal agreementtitle deeddeed of covenantstatementscheduleofficial documenttestamentpolicy34 more rows

What are the jargons of a lawyer?

Lawyer Lingo – Common Law Jargon DecipheredObjection. “Objection" is used to protest when an opposing lawyer asks an inappropriate question of a witness. ... Sustained. ... Overruled. ... Withdrawn. ... Rebuttal. ... Prima Facie. ... Plea Bargain. ... Adjournment.More items...•Aug 17, 2012

Why do lawyers use jargons?

They read the written rulings from the old cases and use them to guide their decisions in the current ones. This helps to bring predictability and consistency to the law. It also makes it easier for lawyers to predict the outcome of similar cases they are handling for clients.Oct 6, 2015

How do you write legal terms?

Principles of Clear WritingWrite in the active voice. The active voice eliminates confusion by forcing you to name the actor in a sentence. ... Use action verbs. Avoid words like this: ... Use "must" instead of "shall". shall. ... Be direct. ... Use the present tense. ... Write positively. ... Avoid use of exceptions. ... Avoid split infinitives.More items...•Mar 1, 2022

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 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 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 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 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 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 administrative law?

administrative law: The area of law that concerns government agencies. cause of action: The reason for which a plaintiff files a complaint or suit against someone. This can be negligence, breach of contract, malpractice or defamation, to name a few.

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 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 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 does it mean when someone is hit by a baseball bat?

A man who has just been punched by another man may scream that he’s been assaulted. In fact, the presence of actual physical contact means that he’s been battered. If you have trouble remembering that you can think of it like this: If you are physically hit by a baseball bat, you have been battered.

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 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.

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 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 the difference between action and adjudication?

Action - Case, cause, suit, or controversy disputed or contested before a court. Additur - An increase by a judge in the amount of damages awarded by a jury. Adjudication - Judgment rendered by the court after a determination of the issues. Ad Litem - A Latin term meaning “for the purpose of the lawsuit.”.

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.

Is a photocopy a second best evidence?

Evidence short of this is “secondary.”. For example, the original of a letter is the “best evidence,” while a photocopy is “secondary evidence.”. Best Evidence Rule – Rule requiring parties to proffer the original writing, recording, or photograph when attempting to prove the contents thereof.

What does "helps" mean in legal documents?

someone who helps another person to commit a crime. a word used in legal documents which means therefore or so.

What does "bail" mean in court?

Bailee. a person or organisation looking after valuable items to keep them safe for the owner. Bail hostel.

What is a charge clause?

It is proof of the legal mortgagee's right to the security. Charges clause. a clause which appears in some contracts and sets out who should pay for certain items.

What is the meaning of "Appellant" in court?

Appellant. the person who is appealing to a court against a decision of a lower court. Appellate jurisdiction.

Is the language used in law changing?

The language used in law is changing. Many lawyers are now adopting a plain English style. But there are still legal phrases that baffle non-lawyers. This guide is intended to help in two ways:

What is the term for a party that is allowed to provide information to a court?

Methods include mediation, conciliation, arbitration, and settlement, among others. Amicus curiae - Latin for friend of the court. Refers to a party that is allowed to provide information (usually in the form of a legal brief) to a court even though the party is not directly involved in the case at hand.

What is the law established by previous decisions of appellate courts?

Law established by previous decisions of appellate courts. Cause of action - The fact or facts which give a person a right to relief in court. Certiorari - When a higher court agrees to review the decision of a lower court. If an appellate court grants a writ of certiorari, it agrees to take the appeal.

What is an arraignment in court?

Arraignment - The initial appearance before a judge in a criminal case. At an arraignment, the charges against the defendant are read, a lawyer is appointed if the defendant cannot afford one, and the defendant's plea is entered. A plea can be guilty, not guilty, or where permitted nolo contendere.

What is a complaint in court?

(May also be called the plaintiff or petitioner.) Complaint - 1) The legal document that usually begins a civil lawsuit.

What happens if you are found in contempt of court?

A person found in contempt of court can face financial sanctions and, in some cases, jail time. Contingency fee - Also called a contingent fee. A fee arrangement in which the lawyer is paid out of any damages that are awarded. Typically, the lawyer gets between one-fourth and one-third.

What is the difference between an appellate court and an arbitration court?

Appellate court - A court having jurisdiction to hear appeals and review a trial court's procedure. Arbitration - When disputing parties participate in a process where they agree in advance to accept the decision of a mutually-selected arbitrator or panel of arbitrators which will hear both sides and make a decision.

What is an appeal in court?

Appeal - A request to a supervisory court, usually composed of a panel of judges, to overturn the legal ruling of a lower court.

What is lemon law?

A lemon law is a civil law term that refers to a law that protects consumers when they purchase a vehicle or other item that fails to function as it should. Lemon laws provide people with a remedy if they purchase certain items that do not meet standards of performance expected of such an item. While technically, the term lemon could apply to a variety of products, these laws apply primarily to automobiles, motorcycles, and trucks. To explore this concept, consider the following lemon law definition.

What is the action taken to remedy the problem?

Action taken to remedy the problem – document whether the same problem happened more than once before taking action. Document notifications and communications – write down the date, time, and method of communicating with, or receiving communications from, the manufacturer, dealer, and others regarding the car.

What is a bar officer?

Bar officer (in the sheriff court) – A person who helps the judge and looks after people in court, for example, calling each witness into the courtroom and showing witnesses pieces of evidence. Also known as court officer. Return to Top. Charge – The crime that the accused person is thought to have committed.

What is an appeal in criminal law?

Appeal – Challenge to conviction and/or sentence. The prosecution can only appeal against an unduly lenient sentence. Return to Top. Bail – A person must agree to certain conditions before being released from custody by a court, for instance, by promising not to commit any more crimes or interfere with witnesses.

What is a macer in court?

In the High Court, also known as a macer. Cross-examination – Being questioned by the other lawyers after questioning by the person who has asked the witness to come to court. Crown counsel – Advocate deputes who appear in the High Court. Custody – When a person is kept in prison or a police cell.

What is a copy of a complaint?

Confiscation – Money or other property taken from an offender who benefited from criminal activity. Copy complaint – A letter from the procurator fiscal to an accused person, telling them what they have been charged with and when to appear in court.

What is an affidavit in court?

Affidavit – A signed statement made on oath. Sometimes this can be used in court as evidence of what the witness says, without the witness having to come to court. Affirmation – A declaration or promise to tell the truth in court that does not involve taking a religious oath.

What is a floating trial in court?

First calling – The first time a case is called in court. Floating trial – A High Court case where the date and place of the trial can vary.

What is an adjournment in court?

Adjournment – A break in court proceedings, perhaps for lunch, overnight or to a new date. Advocate – A lawyer who is a member of the Faculty of Advocates, or Scottish Bar. Also known as counsel. Different advocates act for the prosecution and the defence.