what is a lawyer called who presents a case against you?

Full Answer

What is a lawyer called?

Lawyers are also known as attorneys or an attorney at law. Some lawyers are licensed in multiple states. Some lawyers are admitted to practice at the Federal level as well.

How are lawyers represented in a criminal case?

Criminal defendants may be represented by a public defender, a lawyer appointed by the court, or a private attorney hired by the defendant. In a civil case, parties wanting a lawyer to represent them must hire their own lawyer. The judge presides over court proceedings from the "bench," which is usually an elevated platform.

Who is the defendant in a criminal case?

In criminal cases, the defendant is also referred to as the accused. In criminal law, a defendant is anyone tried under the court of law as the person who committed the crime. In civil lawsuits, defendants usually appear in court after receiving a summons.

Who can be called as a witness in a criminal case?

Law enforcement officers and various experts are often called to serve as witness for the prosecution. When a criminal trial takes place, the prosecution must convince the judge or jury that the defendant is guilty of the crime.

What do you call the lawyer who accuses?

Prosecutor: an attorney for the community elected by the voters of a district to represent the interests of the general public, including crime victims, in court proceedings against people accused of committing crimes.

What do you call someone who brings a case to court?

A plaintiff (Π in legal shorthand) is the party who initiates a lawsuit (also known as an action) 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.

Is plaintiff and prosecutor the same?

Names of the sides. In criminal trials, the state's side, represented by a district attorney, is called the prosecution. In civil trials, the side making the charge of wrongdoing is called the plaintiff. (The side charged with wrongdoing is called the defendant in both criminal and civil trials.)

Who is the defendant and prosecutor?

In a criminal trial, a defendant is a person accused (charged) of committing an offense (a crime; an act defined as punishable under criminal law). The other party to a criminal trial is usually a public prosecutor, but in some jurisdictions, private prosecutions are allowed.

What is the defendant's lawyer called?

Defence lawyer/counselDefence lawyer/counsel – A lawyer who represents the accused and helps the accused in court.

Who is an arguing counsel?

“arguing counsel for the petitioners is stated to be unwell “ IF anything of such sort is written in the order then this means that the counsel/lawyer who was representing the petitioner side is not well (he is sick) hence he was nit able to come to the court.

What is the prosecutor?

prosecutor. noun [ C ] /ˈprɑs·ɪˌkjut̬·ər/ a legal representative who officially accuses someone of committing a crime by bringing a case against that person in a court of law: Federal prosecutors intend to retry the case.

Who decides where to bring a lawsuit?

The plaintiff initially decides where to bring the suit, but in some cases, the defendant can seek to change the court. (2) The geographic area over which the court has authority to decide cases. A federal court in one state, for example, can usually only decide a case that arose from actions in that state.

What is the appellant in a lawsuit?

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.

How many people are on a federal criminal jury?

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.

What is bail in criminal law?

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.

What is the difference between acquittal and affidavit?

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.

What is the power of an appellate court?

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.

What is the charge to the jury?

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.

Who can represent a criminal defendant?

Criminal defendants may be represented by a public defender, a lawyer appointed by the court, or a private attorney hired by the defendant. In a civil case, parties wanting a lawyer to represent them must hire their own lawyer.

Where do lawyers sit in court?

In the courtroom, the lawyers for each party will either be sitting at the counsel tables near the bench or be speaking to the judge, a witness, or the jury. Each lawyer's task is to bring out the facts that put his or her client's case in the most favorable light, but to do so using approved legal procedures.

What is the job of an interpreter in court?

The court interpreter's job is to interpret exactly what the witness or defendant says, without commenting on it, even if the interpreter believes the person is lying. If a witness doesn't understand a question, the interpreter may not use his or her own words to explain.

How do court reporters record?

The court reporter sits near the witness stand in the courtroom and records everything that is said during the trial (or introduced into evidence) by typing it on a stenographic machine or by making an electronic sound recording. This becomes the official record of the trial. The court reporter also produces a written transcript of the proceedings if either party appeals the case or requests a transcript. Court reporters don't work only in the courtroom. They also record depositions in attorneys' offices and some conferences in judges' chambers.#N#The great majority of court reporters use a stenotype, a machine that translates keystrokes into symbols that correspond to the spoken word. Some use shorthand and a few use a steno mask, repeating everything that is said in the courtroom into a mask connected to a tape recorder, and transcribing it later. Finally, electronic sound recording uses microphones placed in the courtroom to record proceedings on a multi-track tape, which is monitored by a clerk's office employee (who need not be trained as a court reporter).

What is a courtroom clerk?

The courtroom clerk (sometimes called the courtroom deputy) is usually seated in the courtroom near the judge. The courtroom clerk administers oaths to witnesses and interpreters, takes care of records and exhibits, keeps minutes of proceedings, prepares judgment and verdict forms, and generally helps the judge keep the trial running smoothly. The courtroom deputy is usually employed by the office of the clerk of court.

What does an interpreter do in a witness statement?

Rather, the interpreter translates the witness's request for explanation to the attorney (or whoever asked the question), and that person must explain or rephrase what he or she said. The interpreter then translates that explanation or rephrasing for the witness.

What is a witness called when they testify in court?

Because the witnesses are asked to testify by one party or the other, they are often referred to as plaintiff's witnesses, government witnesses, or defense witnesses.

What happens if you ignore a lawsuit?

If you ignore the lawsuit, the court will enter an automatic judgment against you, known as a default judgment. 1 Of course, even if you file an answer to the lawsuit, you can still lose the case.

How can a creditor use a judgment?

1 . If your state allows it, the judgment can file a levy with the court and your employer, instructing the employer to garnish a portion of your wages, to pay the creditor.

What happens if you beat a case because the statute of limitations has expired?

If you beat a case because the statute of limitations has expired, failure to pay the debt will still affect your credit record. 4  Different types of debt have different time limits. These vary depending on if it's an oral agreement, written contract, promissory note, or open-ended account. A judgment typically consists ...

Can creditors force a sale of a home?

In some states, creditors can force the sale of your home. At the very least, the judgment appears in your county's property records, so when you sell or refinance your property, the title insurer will require that the judgment be paid in full from the proceeds. 12.

What is a defendant in a civil case?

A defendant is any party who is required to answer the complaint of a plaintiff in a civil lawsuit before a court or any party who has been formally charged or accused of violating a criminal statute. In criminal cases, the defendant is also referred to as the accused. In criminal law, a defendant is anyone tried under the court ...

What is a plaintiff in a lawsuit?

A plaintiff, also known as a claimant or complainant, is the legal term used in some jurisdictions for the party who initiates a lawsuit before a court. By doing so, the plaintiff seeks a legal remedy, and if successful, the court will issue a judgment in favor of the plaintiff and make the appropriate court order (e.g., an order for damages).

How are potential jurors selected?

Potential jurors are selected by legal counsel (lawyers and attorneys) from what is known as a jury pool. The pool is created from citizens who are chosen at random in the local jurisdiction. Those chosen jurors listen and observe as the court case is presented by the legal counsel of the plaintiff and the defendant.

What does "Judge" mean in court?

In many states throughout the United States, a judge is addressed verbally as “Your Honor” or “Judge” when presiding over the court. “Judge” may be more commonly used by attorneys and staff, while either may be commonly used by the plaintiff or defendant in the court room. In some situations, you may hear the term “Justice ...

What is a jury?

A jury, which is sometimes referred to as a court jury, is a sworn body of people convened to render an impartial verdict (which is basically the finding of fact on a legal-related question) officially submitted to them by a court, or to set a penalty or judgment in a court case.

How is a lawsuit commenced?

In some jurisdictions, the commencement of a lawsuit is done by filing a summons, claim form, and/or a complaint. These documents are known as pleadings, that set forth the alleged wrongs committed by the defendant or defendants with a demand for relief. In other jurisdictions, the action is commenced by service of legal process (process service) ...

What is a private investigator?

Investigators may serve as an expert witness, a subject matter expert, or provide testimony regarding information, facts or details they dug up during their investigative efforts. Private investigators should be generally familiar with the various roles in a court of law.

What happens if a court order is incorrect?

If you believe the court's final decision and order is legally incorrect, you may want to appeal. This means that a higher court will review the decision of the Family Court. Ask your lawyer about this right.

How often do you have to appear in court?

You must appear in court each time on the date and at the time set. If you are the Petitioner (you filed a petition) and you fail to appear as ordered, the judge may dismiss your petition without further hearings. If you are the Respondent (a petition was filed against you) and you fail to appear as ordered, the judge may take your default and grant the petition without further hearings. Sometimes the court can have people arrested if they do not come to court when they are told.

What are the issues in family court?

The family court deals primarily with the problems of children and their families. The court hears cases involving: 1 abuse and neglect of children 2 custody and rights to visit children 3 family offenses including abuse of spouses and other family members 4 children who may have committed crimes (Juvenile Delinquency) 5 children who are not charged with crimes but who may need supervision, treatment or placement (PINS) 6 paternity 7 support of children, spouses and ex-spouses 8 planning for children who have been in foster care for a year or longer 9 termination of parental rights

What is the first court appearance?

At the first court proceeding - the Initial Appearance - the judge will briefly review the petition and explain the charges or demands for relief. The judge will also explain what are the rights of the parties involved in the cases, unless the parties are represented by lawyers. In certain cases, the judge will assign a lawyer for a person who cannot afford to pay for one (see below, "Who Can Get a Lawyer") and may issue a summons for the other person to appear. In certain specific circumstances involving serious charges, the judge may order a warrant of arrest.

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 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 capital case?

Capital Case: This is a first-degree murder case in which the jury can impose either a life sentence or the death penalty. If a person is guilty of first-degree murder and there are any statutory aggravating factors then the State has to seek the death penalty.

What is an arrest warrant?

Arrest warrant: A written order issued by the District court or magistrate including a statement of the crime of which the person to be arrested is accused, and directing that the person be arrested and held to answer the accusation before a magistrate or other judge. Assailant: person identified as the attacker.

What is an alleged crime?

Alleged: said to be true, but not yet proven to be true; until the trial is over, the crime may be called the “alleged crime.”. Appeal: a request by either the defense or the prosecution that a higher court review the results of a decision on certain motions or in a completed trial.

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.

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 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.

Who is called to witness a criminal trial?

Law enforcement officers and various experts are often called to serve as witness for the prosecution. When a criminal trial takes place, the prosecution must convince the judge or jury that the defendant is guilty of the crime.

What is a witness in a court case?

What is a Witness. In legal matters, a witness is an individual who has knowledge relevant to the case, but may also be someone who claims to have, or who is thought by others to have, such knowledge. A witness may be sworn under oath to testify to his knowledge and details of the case, including things he has seen, heard, smelled, ...

What rule of evidence should determine the admissibility of expert testimony?

The Court ruled that the Federal Rules of Evidence should determine the admissibility of expert testimony, not the standard of “generally accepted by the scientific community.”. The Court ruled that any testimony by an expert witness, which is relevant in assisting the jury with its decision, should be deemed reliable.

What is cross-examination in court?

An individual who serves as witness for the prosecution may be questioned by the defendant (or his attorney), in what is known as “cross-examination.”. This gives the defense an opportunity to establish the fact that the witness gave false, biased, or inconsistent testimony.

What is a witness in a deposition?

A witness is a person who testifies under oath at a trial, or in a deposition, regarding experiences of which he or she has personal knowledge. A witness gives a supervised recital of things he or she experienced, whether by sight, hearing, smell, or other sensory perception. A witness may voluntarily offer such information in a legal matter, ...

What is an expert witness?

Expert Witness. An expert witness is an individual who has specialized knowledge or skills relevant to the matter at hand. Expert witnesses are used to make sense of complex evidence, such as scientific data, or to explain complicated matters to the judge or jury.

What is hearingsay testimony?

A person who testifies about what someone else told him, or what someone else said, wrote, or did, is referred to as a “hearsay” witness. Hearsay testimony is very limited as to what may be presented in court.

What Happens After The Judgment Is entered?

See more on thebalance.com

A Judgment Can Be Good For 20 Years Or More

How A Creditor Can Use The Judgment

How Can You Avoid A Judgment?