what is it called when a lawyer is asking a person in that box area

Where do lawyers sit in a court room?

Counsel Tables Counsel tables are at the back of the well. This is where lawyers and their clients sit during court trial or other court proceedings. Typically, the Plaintiff’s table is on the right side, and the Defendant’s table is on the left side.

Can an attorney answer my questions about the law?

An attorney can not only answer any questions you may have about the scope of an attorney's obligations to their client, they can also answer other questions you may have about the law.

What do you call the person who files a lawsuit?

Petitioner: Another word for plaintiff, the person starting the lawsuit. Plaintiff: The person who sues or starts a civil case, also called the petitioner or the complainant. Plea: An accused persons answer to a criminal charge. For example: not guilty; guilty; no contest.

Who decides where to bring a suit in court?

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 it called when lawyers approach the bench?

Primary tabs. Approach refers to moving toward the bench, a witness, or the jury box in court. An attorney may approach the bench in order to have a conversation with the judge and opposing counsel off the record and/or out of the jury's earshot.

What is it called when a lawyer requests information?

Once a lawsuit gets underway, parties to the lawsuit or their lawyers start gathering information related to the lawsuit. This investigative process is aptly named "discovery," because it often turns up facts and documents that were previously unknown -- to at least one party to the lawsuit anyway.

Why do lawyers ask to approach the bench?

Typically, when attorneys ask to approach the bench they want to discuss a point of the case. Most often, these discussions concern matters of law or procedure. These discussions are purposefully held out of the jury's hearing to avoid confusing the issues or influencing the jurors.

What is a legal request called?

A demand (legal request) may be made, but the categories of documents must be stated so that the other party can know what he/she must produce.

What is the difference between interrogatories and depositions?

The person deposed gives testimony and answers questions asked by the attorneys from both sides. Interrogatories are written questions for which written answers are prepared and then signed under oath.

What's the purpose of interrogatories?

Interrogatories are a discovery tool that the parties can use to have specific questions about a case answered before trial. Interrogatories are lists of questions sent to the other party that s/he must respond to in writing.

What are the benches in a courtroom called?

Judge's Bench It's usually a raised platform with a partial rail or enclosure that the judge sits behind.

What does Permission to approach the bench mean?

Search Legal Terms and Definitions Since the bench area is the sacred territory of the judge the attorney must ask permission as "may I approach the bench," or simply, "may I approach." If the judge consents, then opposing counsel must be allowed to come forward and participate in the conversation.

What is the person called that types in a court room?

stenographerA stenographer is a person trained to type or write in shorthand methods, enabling them to write as quickly as people speak. Stenographers can create lasting documentation of everything from court cases to medical conversations.

What is a formal request in law?

petition — pe·ti·tion 1 n 1: a formal written request made to an official person or body (as a court or board) a petition for equitable relief the creditor filed a petition for involuntary bankruptcy 2: a document embodying a formal written request petition … Law dictionary.

Which term is used to describe communication about a case outside of the legal proceedings by one side of the case without the other side knowing?

“Ex parte” is a Latin phrase meaning “on one side only; by or for one party.” An ex parte communication occurs when a party to a case, or someone involved with a party, talks or writes to or otherwise communicates directly with the judge about the issues in the case without the other parties' knowledge.

What do you call the person accusing someone in court?

the accused noun. a specific person that is accused of a crime in a court of law.

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.

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.

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 are the duties of a lawyer?

In the legal field, however, one of the legal duties every lawyer must observe is to avoid conflicts of interest when it comes to their clients. In fact, if a lawyer represents a client knowing that there's a conflict of interest, they can be disciplined by the state bar and sued by the client for legal malpractice.

What are the conflicts of interest in a lawyer?

There are a variety of conflicts of interest that can prevent a lawyer from taking on a particular case. The conflict may occur between the prospective client and one of the attorney's current or former clients. There can also be concerns if a client's interests are in conflict with the lawyer's professional or personal relationships.

Do attorneys have to do conflict checks?

While an attorney may be able to easily identify a conflict, sometimes they're not always easy to spot. Because of this, it's the attorney's responsibility to perform regular conflict checks when taking on a new client.

Can an attorney answer questions about conflicts of interest?

An attorney can not only answer any questions you may have about the scope of an attorney's obligations to their client, they can also answer other questions you may have about the law.

Can a law firm represent a client?

It's also important to note that a law firm may be able to represent a client even though a single attorney had a conflict of interest, if a "firewall" can be successfully put around the attorney with the conflict. This essentially means that the matter would not be discussed with or around the attorney with the conflict, ...

Can a conflict of interest occur at the law firm level?

It's also possible for there to be an issue if the potential client's interests are at odds with the attorney's own interests. A conflict of interest can also occur at the law firm level. For example, even if an attorney working at a law firm didn't personally work on a particular matter (because someone else at the firm handled it), ...

Is representation illegal in a lawsuit?

The lawyer believes they can provide " competent and diligent " representation to all affected clients; The representation isn't illegal in any way; The lawyer isn't representing two clients against each other in the same lawsuit; and. Each affected client provides informed consent in writing.

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 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 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.

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 capital offense?

capital offense - A crime punishable by death. In the federal system, it applies to crimes such as first degree murder, genocide, and treason. case law - The use of court decisions to determine how other law (such as statutes) should apply in a given situation.

Which court is bound by the decisions of the Supreme Court?

Courts are often bound by the decisions of appellate courts with authority to review their decisions. For example, district court s are bound by the decisions of the court of appeals that can review their cases, and all courts – both state and federal – are bound by the decisions of the Supreme Court of the United States.

What should a process server do if a person refuses to take a paper?

If the process server locates the right person, but the person refuses to take the paper, acts hostile, or attempts to run away, the process server should simply put the paper down and leave. Valid service has been accomplished. The process server should never try to use force to get a defendant to take any papers.

Why do you have to serve the other side?

The reason you must serve the other side is obvious: Defendants in a case need to know about any claims against them and must be notified of the day, time, and place that they can show up to defend themselves. Normally, papers must be served in the state where you filed your lawsuit.

How do I serve a paper?

In the majority of states, you can serve papers by sending them to the defendant via certified mail with a return receipt requested. In some states, service by certified (or registered) mail is one among several ways you may serve papers.

What is the slang for "nail and mail"?

Often the slang for this type of service is "nail and mail," because in several states, if you are unable to serve the defendant personally, you do not have to leave the claim with a live person. Instead, you can simply tack one copy to the defendant's door and mail the second copy. In a typical state, substituted service works like this: 1.

How old do you have to be to get a mailbox?

Some states allow service by any person who is at least 18 years old, except the person bringing the suit. Any person means just that–a relative or a friend is fine. However, many states require that this person be approved by the court. A mailbox isn't personal enough.

Can you serve out of state on a small claims claim?

Many states allow out-of-state service on this type of claim. Your small claims court clerk will show you how this is handled in your state. All defendants on the plaintiff's claim or all plaintiffs on the defendant's claim must be served. It is not enough to serve one defendant or plaintiff and assume that that person will tell the others.

Who uses proof of service?

A Proof of Service is used both by the plaintiff and by the defendant if the defendant files a defendant's claim. It must be returned to the clerk's office. Talk to a Lawyer.

Where do witnesses sit in a court case?

Between the judge’s bench and the jury box is the witness stand . This is where testifying witnesses will sit while they are giving testimony in a case. You may or may not see a Bible near the witness stand. You can read more about what to do (and not do) on the witness stand here.

Who has the right to sit closest to the jury box?

However, the Plaintiff’s side has the right to sit closest to the jury box. Very often, you will see a secured door on one side of the courtroom and see a deputy positioned beside it. This door is often used by Sheriff’s deputies and persons who are in custody (jail).

What is the door in front of the judge's bench?

The judge and courtroom personnel may use this secured door to access the judge’s chambers or other offices. The term “chambers” just means the judge’s office. Directly in front of the judge’s bench, you will usually see chairs and computer workstations for 2-3 people.

What is a courtroom clerk chair?

One chair is always for the courtroom clerk, who handles case files and paperwork. A court reporter may use another, and judge’s law clerk may occupy a third chair. A law clerk is an attorney who works for the judge and assists the judge in conducting the business of the Court.

What is the well of the court?

As you move from the public seating toward the front of the courtroom, you will see a railing, often with a swinging door. This railing divides the public seating area from the “well of the court.”. The “well of the court” is a phrase that describes the area where court proceedings are conducted.

Where are counsel tables in court?

Counsel tables are at the back of the well. This is where lawyers and their clients sit during court trial or other court proceedings. Typically, the Plaintiff’s table is on the right side, and the Defendant’s table is on the left side. However, the Plaintiff’s side has the right to sit closest to the jury box. Very often, you will see a secured door on one side of the courtroom and see a deputy positioned beside it. This door is often used by Sheriff’s deputies and persons who are in custody (jail).

Where is the judge's bench?

At the very front of the courtroom is the judge’s “bench.” It’s not an actual bench. It’s usually a raised platform with a partial rail or enclosure that the judge sits behind. Near the bench, you will also find a secured door. The judge and courtroom personnel may use this secured door to access the judge’s chambers or other offices. The term “chambers” just means the judge’s office.

What is it called when you pass the bar?

When one passes the licensing exam to become an attorney, it is known as “passing the bar” because they were no longer the lay people forced to sit behind the bar, but could now join the legal professionals sitting in the well by passing the bar dividing the two parts of the court room.

What is the little divider between the judges and attorneys called?

Ever notice that little divider almost every courtroom has between where the attorneys and judge sit (the "well") and the chairs in the back for an audience? That divider is called the “bar,” and is actually why the organizations that regulate attorneys are called “bar associations.” When one passes the licensing exam to become an attorney, it is known as “passing the bar” because they were no longer the lay people forced to sit behind the bar, but could now join the legal professionals sitting in the well by passing the bar dividing the two parts of the court room.

What is the jury box in a courtroom?

This is the jury box. In traditional proceedings, this is where a jury will sit to hear testimony and review the evidence. Many criminal courtrooms also use the jury box to hold inmates awaiting hearings like arraignments/first appearances, evidentiary hearings, etc. Some smaller courtrooms that are used exclusively for bench trials (where there is no jury) may lack a jury box. Typically, the party with the burden of proof (i.e., the prosecutor in criminal cases and the plaintiff or petitioner in civil ones) sits at the counsel table closest to the jury. Since this party has the greater burden to prove their case, this is supposed to give them a better opportunity to see the jurors' reactions and to be seen by them, in turn. Some stories even suggest that this allowed the prosecutor or plaintiff to whisper things under his breath so the jurors could hear it. Of course, such conduct would be grounds for a mistrial and sanctions against the party who did it, so you will not likely see any whispered conversations with jurors in a modern courtroom.

Why do criminal courts have jury boxes?

Many criminal courtrooms also use the jury box to hold inmates awaiting hearings like arraignments/first appearances, evidentiary hearings, etc. Some smaller courtrooms that are used exclusively for bench trials (where there is no jury) may lack a jury box.

What is a bailiff?

A bailiff is a law enforcement officer charged with maintaining peace and security in a courtroom. Many jurisdictions use deputy sheriffs, and federal courthouses have U.S. marshals. Bailiffs are the ones who typically announce “all rise” as the judge enters and leaves the courtroom. To aid in keeping distance between the judge and those in the courtroom, bailiffs often offer to carry documents and evidence from counsel tables to the bench. If a bailiff asks you to do something, they are a law enforcement official, and the only person with more authority in the courtroom is the judge, so you should always comply.

What is bench trial?

It is also a metaphor for the judge's role in a court proceeding. So, if you hear someone refer to a “bench trial,” that is a trial with only a judge and no jury , or a “bench warrant” is a warrant issued by a judge on his or her own initiative (usually because of someone missing court or being in contempt of an order by the judge).

What does it mean when a judge says a matter will be heard in chambers?

If one reads a notice of hearing that says a matter will be heard “in chambers,” that simply means the judge will not be using his courtroom, but instead will use a smaller hearing room.

What is the name of the barrier that holds the witness stand and the court reporter?

The courtroom is divided into two parts by a barrier known as the bar. The bar may be an actual railing, or an imaginary barrier. The bailiff stands (or sits) against one wall and keeps order in the courtroom.

Where is the clerk station in the courtroom?

Directly below the bench is the clerk's station which usually has a computer to allow the clerk to get on with Court Disposal work during proceedings. Directly in front of the clerk is the well of court which has a semi-circular table at which all the advocates sit during proceedings.

What is a courtroom?

Unsourced material may be challenged and removed. A courtroom is the enclosed space in which courts of law are held in front of a judge. A number of courtrooms, which may also be known as "courts", may be housed in a courthouse.

Why is the Royal Coat of Arms placed above the judge?

Like in England and Wales, in Scotland the Royal Coat of Arms is placed above and behind the judge or presiding sheriffs to symbolise the fact that trials are carried out in the name of The Crown. However, the Scottish version (unicorn on viewer's left, motto Nemo Me Impune Lacessit, etc.) is always used.

Where is the courtroom in Massachusetts?

United States. A courtroom at the United States District Court for the District of Massachusetts at Worcester, Massachusetts. The judge generally sits behind a raised desk, known as the bench. Behind the judge are the great seal of the jurisdiction and the flags of the appropriate federal and state governments.

Where is the courtroom in Canada?

Historic courtroom still in use in Brockville, Canada. A courtroom is the enclosed space in which courts of law are held in front of a judge. A number of courtrooms, which may also be known as "courts", may be housed in a courthouse.

Do appellate courts use juries?

All of the above applies only to trial courts. Appellate courts in the United States are not finders of fact, so they do not use juries or receive evidence into the record; that is the trial court's job.

What does "a attorney in fact" mean?

Attorney in Fact: Person who has authority to sign for another. Authentication: Process of proving the genuineness of the signature and seal of a Notary or other official, usually through attachment of a certificate of authority. Awareness: Being able to understand what is happening and to act responsibly.

Who is a subscribing witness?

Subscribing Witness: Person who either watches another (the principal) sign a document or takes that person’s acknowledgment of an already-signed document and appears before the Notary on behalf of the principal.

What does "acknowledgment" mean?

Some commonly used Notary terms and abbreviations: Acknowledgment: Act in which a Notary certifies having positively identified a document signer who personally appeared before the Notary and admitted having signed the document. Administer: To give formally, as in “giving” an oath or affirmation. Administrative Penalty: Punishment imposed by ...

What is a certificate of authority?

Certificate of Authority: Paper stating that the signature and seal on an attached document belong to a legitimate Notary or other official. Also called a “Certificate of Capacity.”. Certificate of Prothonotary: Certificate of authority issued by a prothonotary — the equivalent of a county clerk in some states.

What is a county clerk?

County Clerk: Official whose duties may include keeping a file of the bonds and signed oaths of office of Notaries, issuing certificates of authority for those Notaries and accepting custody of journals surrendered by those Notaries upon retirement. In some states called a “prothonotary.”.

What is a deposition in a lawsuit?

Deposition: Written statement used in a lawsuit that is transcribed from words spoken by a person (deponent) under oath or affirmation and that is usually signed by this person.

What does "administer" mean in the dictionary?

Administer: To give formally, as in “giving” an oath or affirmation. Administrative Penalty: Punishment imposed by authorities who regulate Notaries, in the form of revocation, suspension or denial of a commission and, in some states, fines or mandatory education. Affiant: Signer of an affidavit.