what is the word used when a lawyer was in court room defending a case

Full Answer

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.

Where do lawyers sit in a court case?

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.

How do lawyers argue a court case?

How Lawyers Argue a Court Case: “The Phrases of The Complete Lawyer”. The word “argument” engenders visions of debate, the heat and fury of positions attacked and defended strongly, though with words. That may happen of course, in today’s litigation, but generally the arguments which win cases are not replete with drama, sound or fury.

What does a lawyer do in the courtroom?

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 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.

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.

What do you call someone involved in a court case?

The people or entities who are directly involved in a lawsuit are called parties. They are plaintiffs (those who are suing in a civil case) or defendants (those being sued in a civil case or accused in criminal cases). The parties may be present at the counsel tables with their lawyers during the trial.

What is the person who defends the defendant called?

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 word for arguing in court?

debate, discuss, dispute, hash (over), moot.

What does certiorari mean in legal terms?

to be more fully informedA type of writ, meant for rare use, by which an appellate court decides to review a case at its discretion. The word certiorari comes from Law Latin and means "to be more fully informed." A writ of certiorari orders a lower court to deliver its record in a case so that the higher court may review it.

What do you call a lawyer in court?

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

What is the defendant in court?

defendant - In a civil suit, the person complained against; in a criminal case, the person accused of the crime. defense table - The table where the defense lawyer sits with the defendant in the courtroom.

Where does plaintiff stand in courtroom?

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.

Who defends the accused person in a court?

Right to be defended Section 303 of CrPC and Article 22(1) of the constitution of India provides a right to all the accused persons, to be defended by a pleader of his choice.

How do you defend a court case?

8 key factors drive what your best defense strategy is:Defendant's explanation of what happened, why and credibility.Witness testimony and credibility.Provable facts and physical evidence.Police reports, errors and credibility.Expert, 3rd party reports and testimony.More items...

What is a defense witness?

Defense witness means a witness whom the defense intends to call at a hearing or at trial.

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 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.

What is a recusal in court?

Recusal: A recusal is the voluntary action by a judge or prosecutor to remove themselves from presiding in a case. Recusals are often based on things like bias, conflict of interest or prejudice—for example, a state prosecutor may choose to recuse from a proceeding if the case is against their former employer.

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 is an appellant in court?

Appellant - The party who takes an appeal from one court to another.

What does "accused" mean in law?

Accused - The person against whom an accusation is made; one who is charged with a crime or traffic infraction.

What is bail forfeiture?

Bail forfeiture - Order by the court that the surety pay to the court the amount of security pledged for failure of an accused to comply with the requirements of the bond. The court in turn pays the funds to the jurisdiction whose laws were violated.

What is the meaning of bail?

Bail - The release of a person from legal custody by a written agreement that he shall appear at the time and place designated and submit himself to the jurisdiction of the court and observe the requirements set forth in the recognizance.

What does "arrest" mean?

Arrest - To deprive a person of his liberty by legal authority.

What is the purpose of appeal?

Appeal - Taking a case which has been decided in a court of inferior jurisdiction to one of superior jurisdiction, for the purpose of obtaining a review.

What does "affirm" mean in a sentence?

Affirm - To ratify, make firm, confirm, establish, reassert. Alternate procedure to swearing under an oath.

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 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 bankruptcy code?

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.

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 adversary proceeding?

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. Affidavit. A written or printed statement made under oath.

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 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 to say when the court does not understand?

You have to say “I am afraid/I am sorry that/Perhaps I could not make myself clear. It is my fault. May I rephrase myself.”

What is the most important weapon in a lawyer's arsenal?

One of the most important weapons in a lawyer’s arsenal is “argument”. The word “argument” engenders visions of debate, the heat and fury of positions attacked and defended strongly, though with words.

Why do we call them submissions before the court?

We prefer to call them “submissions” before the Court since it is consistent with our peculiarly polite way of putting things.

Why do we argue before the Hon’ble Court?

We argue before the Hon’ble Court on the basis of facts we have pleaded in our pleadings, and to elucidate the points of law. However there is a method to our madness.

What is the trick to not be provoked?

The trick is not to be provoked. A case is won by a cool head, and if you are prone to losing your temper, then the opposing counsel will certainly exploit it by sledging, in this context meaning to keep on making sotto voce comments that you can hear, but may not reach the Court or may reach the Court and you but can be passed off as a comment to the opposing counsel’s own juniors.

When a learned advocate says that which is not true and he is supposed to know that it is not, the?

When a learned advocate says that which is not true and he is supposed to know that it is not, the usual formula is not to say “My Lord he is lying ”. That would be a worse solecism than the untruth itself.

Can a judge let you write a point of law?

Many a Judge will not let you formulate a point of law, finish a thought or a statement without asking a hundred questions. It is neither proper nor profitable to brush the question aside.

What is the action of a court case?

Action: Also called a case or lawsuit. A civil judicial proceeding where one party sues another for a wrong done, or to protect a right or to prevent a wrong. Adjournment: Postponement of a court session until another time or place. Adjudication: A decision or sentence imposed by a judge.

What is the meaning of "jury" in law?

Jurisdiction: Power and authority of a court to hear and make a judgment in a case. Juror: Member of a jury. Jury Charge: The judge's formal instructions on the law to the jury before it begins deliberations. Jury Instructions: Directions given by the judge to the jury concerning the law of the case.

What is the Alford doctrine?

Alford Doctrine: A plea in a criminal case in which the defendant does not admit guilt, but agrees that the state has enough evidence against him or her to get a conviction. Allows the defendant to enter into a plea bargain with the state. If the judge accepts the Alford Plea, a guilty finding is made on the record.

What is a juvenile in criminal law?

Delinquent: In civil or family cases, failing to pay an amount of money when due: In juvenile cases, a child who violated a law, local ordinance, or an order of the Superior Court.

What is adult court transfer?

Adult Court Transfer: The transfer of juveniles who are at least fourteen years old to regular criminal dockets in Geographical Area or Judicial District courts. Also involves the transfer from a Juvenile Detention Center to the State Department of Correction.

What is an annulment in court?

Annulment: A court order declaring that a marriage is invalid. Answer: A court document, or pleading, in a civil case, by which the defendant responds to the plaintiff's complaint. Appeal: Asking a higher court to review the decision or sentence of a trial court because the lower court made an error.

What is an assistant attorney general?

Assistant Attorney General: An attorney who represents a state agency in civil cases. Attachment: A lien on property or assets to hold it to pay or satisfy any final judgment. Attorney of Record: Attorney whose name appears in the permanent records or files of a case.

What is an appeal in court?

appeal: A request made after a trial, asking another court (usually the court of appeal s) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal.". One who appeals is called the appellant. bail: Security given for the release of a criminal defendant or witness from legal custody ...

What is a sentence in criminal law?

sentence: The punishment ordered by a court for a defendant convicted of a crime.

What is the government in criminal cases?

As it is used in federal criminal cases, "the government" refers to the lawyers of the U.S. attorney's office who are prosecuting the case. hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.

What is the meaning of "testimony" in court?

testify: Answer questions in court. testimony: Evidence presented orally by witnesses during trials or before grand juries. trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence. verdict: The decision of a petit jury or a judge.

What is an objection in a court case?

objection: A reason that an attorney interrupts a witness to talk to the judge.

What does "prosecutor" mean?

prosecute: To charge someone with a crime. A prosecutor tries a criminal case. on behalf of the government. public defenders (or defense attorney): Represent defendants who can't afford an attorney in criminal matters. sentence: The punishment ordered by a court for a defendant convicted of a crime.

What is the meaning of "conviction"?

conviction: A judgement of guilt against a criminal defendant. counsel: Legal advice; a term used to refer to lawyers in a case. 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 briefs.".

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.

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.

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.

Where is the probate court glossary?

The Probate Court Glossary can be found in Chapter 12 of the Probate Judges Manual.

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 an affidavit of insolvency?

Affidavit of Insolvency - A detailed form signed by the defendant, under oath, attesting to his/her indigency (inability to pay for private legal counsel).

What does "ad litem" mean?

Ad Litem - A Latin term meaning “for the purpose of the lawsuit.”. For example, a guardian “ad litem” is a person appointed by the court to protect the interests of a minor or legally incompetent person in a lawsuit. Administrator - (1) One who administers the estate of a person who dies without a will.

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.

Does the UCC mirror the offer?

For contracts controlled by the UCC, contracts involving the sales of goods need not mirror the offer’s terms. For other contracts, the acceptance must mirror the offer’s terms without omitting, adding, or altering terms.

Who administers oaths in court?

Oaths - Sworn attestations required in court, usually administered by the in-court clerk.