Arrest warrant: A written order ordering the arrest of a party. A search warrant orders a search of a specific location for items that, if found, can be used as evidence in court. bench – “In bank” or “full bank”. Refers to hearings attended by all members of a tribunal, not the usual quorum. U.S. appellate courts typically sit in panels of three judges, but may expand to a larger number in certain cases they deem important enough to be decided by the full court. They should then sit on a bench. Defence Table – The table where the defence lawyer sits with the accused in the courtroom. Chief Justice – The judge who has primary responsibility for the administration of a court. The President also decides on business, and the choice of Presidents is determined by seniority. Sentencing – The sentence ordered by a court for an accused who has been convicted of a crime. Federal courts follow the direction of the U.S. Sentencing Commission when deciding on the appropriate sentence for a particular crime.
You may be familiar with some of the most commonly used court terms, such as witness testimony, opposition, cross-examination, plea, and circumstantial evidence. But have you ever been stunned by some of the lawyers you hear from episodes of your favorite court shows? Or maybe you suddenly realize that you don`t really know the full meaning of some of the legal terms you`ve become so accustomed to. A pre-trial motion requiring the court to prohibit the other party from presenting or even referring to evidence deemed so prejudicial that no action taken by the judge can prevent the jury from being unduly influenced. A special court-imposed condition requires a person to stay home except for certain approved activities, such as work and doctor`s appointments. Home placement may include the use of electronic monitoring devices – a transmitter attached to the wrist or ankle – to ensure the person stays home as needed. Written statement from a judge on the court`s decision. Since a case may be heard by three or more judges of the Court of Appeal, opinion may take various forms in appeal decisions. If all the judges agree fully on the outcome, one judge writes the opinion for all. If not all judges agree, the formal decision is based on the opinion of the majority, and a member of the majority will write the opinion. Judges who disagreed with the majority may formulate separate dissenting or concurring opinions to express their views. A dissenting opinion disagrees with the majority opinion because of the reasoning and/or legal principles used by the majority to decide the case.
A concurring opinion agrees with the majority opinion`s decision, but offers further comments or clarifications, or even a completely different reason for reaching the same conclusion. Only the majority opinion can serve as a binding precedent in future cases. See also previous. Now that you`ve refreshed the 50 most common terms, you might feel like you can stand on your own in front of a judge and jury. If you`ve caught yourself dreaming about what it`s like to work as a lawyer between episodes of your favorite court shows, it may be worth exploring the question that`s eating away at you: What is it really like to work in the legal system? A judgment granting a plaintiff the remedy sought in the application because the defendant did not appear in court or otherwise respond to the complaint. Common Law – The legal system that originated in England and is now used in the United States. It is based on judicial decisions and not on laws passed by the legislature. A person or company that files a formal complaint with the court. Brief – A formal written order of the court that requires the performance of a specific act.
Alford Plea – A plea from the accused that allows him to assert his innocence but allows the court to convict the accused without going through the trial. In essence, the defendant accepts that the evidence is sufficient to prove his guilt. Such advocacy is often made to negotiate an agreement with the prosecutor on less serious charges or a sentence. uphold – The decision of an appellate court not to overturn a decision of a lower court. Also called “confirm”. A complete collection of all documents submitted to the court in a case. Written statements submitted to the court outlining a party`s legal or factual allegations about the case. “In the manner of a poor man.” Permission from the court for a person to file a case without paying the required court fees because the person cannot pay them. A federal agency responsible for collecting judicial statistics, administering the budget of federal courts, and performing many other administrative and programmatic functions under the direction and supervision of the United States Judicial Conference.
Exhibit – Physical evidence or documents presented in legal proceedings. Common exhibits include contracts, weapons, and photographs. The chapter of the Bankruptcy Act that provides for the adjustment of the debts of a person with a regular income is often referred to as the “employees” plan. Chapter 13 allows a debtor to keep their assets and use their disposable income to pay off debts over time, usually three to five years. The Sentencing Reform Act 1984 abolished probation in favour of a particular penal system, in which the level of punishment is determined by penal directives. Now, without the possibility of parole, the court-imposed jail sentence is the actual time the person spends in prison. Act of a court annulling the decision of a lower court. Lifting is often accompanied by pre-trial detention before the lower court for further proceedings. Oral hearing – An opportunity for lawyers to summarize their position before the court through an appeal process and answer questions from judges. Affirmative – judgment of the courts of appeal, if the decree or order is validated and applies in the version decided by the lower court. Subpoena vs.
Subpoena: While both include a requirement for the recipient to appear in court, a subpoena is a process that orders a witness to make a statement or present evidence, while a subpoena is a document that orders a person to appear before the court in response to a complaint. These are not mutually exclusive – you can be summoned to court and then summoned by the court if it seeks relevant evidence and information. Judgment – The official decision of a court that finally decides on the respective rights and claims of the parties to a dispute. prose – Latin term meaning “on one`s own account”; In the courts, these are people who present their own cases without a lawyer. A lawsuit in which one or more members of a large group or class of persons or other entities sue on behalf of the group as a whole. The district court must determine that class actions contain questions of law or fact before the action can be brought as a class action. Restitution: If a defendant is ordered to provide financial compensation to the victim or community service imposed by the court, this is considered restitution. Essentially, it is a payment for service or money to compensate for what they have done. Judge – A government official with the power to adjudicate claims in court. The bailiffs of the Supreme Court and the highest court of each state are called judges.
Chapter of the Insolvency Code that provides for “liquidation”, i.e. the sale of a debtor`s non-exempt assets and the distribution of the proceeds to creditors. To be eligible for Chapter 7, the debtor must pass a “means test”. The court assesses the debtor`s income and expenses to determine whether the debtor can sue under Chapter 7.