20 Important Pieces of Courtroom Terminology
- Plaintiff. The plaintiff is one side of every legal case. ...
- Defendant. The defendant is the opposite of the plaintiff and the other party in every legal case. ...
- Depositions. Depositions are spoken statements taken both under oath and outside of court. ...
- Discovery Phase. ...
- Jurisdiction. ...
- Complaint. ...
- Summons. ...
- Pleadings. ...
- Settlement. ...
- Subpoena. ...
- allegation: something that someone says happened.
- continuance: Put off trial unitl another time.
- cross examine: Questioning of a witness by the attorney for the other side.
- interview: A meeting with the police or prosecutor.
- juror: A person who is on the jury.
- oath: A promise to tell the truth.
What are the legal terms used in court?
Common Courtroom Terminology. Legal Terms Made Simple. From "ex parte" and "respondent" to "pro se" and "habeas corpus," you might feel like you're in a foreign country when you listen to attorneys and judges talk inside a courtroom.
What are the 20 important pieces of courtroom terminology?
20 Important Pieces of Courtroom Terminology. 1 1. Plaintiff. The plaintiff is one side of every legal case. The plaintiff is the person, group, or business who files a complaint with the courts. 2 2. Defendant. 3 3. Depositions. 4 4. Discovery Phase. 5 5. Jurisdiction. More items
What is it called when you go to court by yourself?
This is called " serving " the person or serving the papers. Some court cases take a while. If you want to ask the judge to make some decisions right away, you file a motion for temporary orders. A court order is the judge’s decision in a case. If you go to court by yourself, without a lawyer, they say you are " unrepresented ."
What is a judge called who decides a case?
Judge: A person who hears and decides cases for the courts. Appointed by the governor for a term of eight years and confirmed by the General Assembly. Judgment: A court decision. Also called a decree or an order. Judgment File: A permanent court record of the court’s final disposition of the case.
What are good things to say in court?
Give positive, definite answers when at all possible. Avoid saying, “I think”, “I believe”, or “In my opinion” if you can answer positively. If you do know, then say so. You can be positive about important things which you would naturally remember.
What words can you not say in court?
Words like "rape," "victim," "crime scene," "killer," "murder," "drunk," "homicide," "embezzle," "fraud," and "robbery" are now not allowed in some courtrooms. Language engineering like this usually has a social or political basis. In this case it's more a problem of trying to treat the accuser and the accused fairly.
What is 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 a court term?
The Term is divided between "sittings," when the Justices hear cases and deliver opinions, and intervening "recesses," when they consider the business before the Court and write opinions. Sittings and recesses alternate at approximately two-week intervals.
How do you stay calm in court?
Keeping Calm on the Stand | 7 Tips for Testifying in CourtClothing is Important. No matter who you are, you're going to want to dress in your best clothing. ... Act Respectfully. ... Refresh Your Memory. ... Speak Slowly and Truthfully. ... Answer Questions Only. ... Avoid Absolutes. ... Stay Calm.
What do you say in court when you don't want to answer?
Good ways to say anything but "No Comment" to questions you really don't want to answer: "I'm sorry but I'm not able to speak to that subject" "Thanks for asking but I'm not able to answer that question" "I'm sorry but that information is proprietary"
What is the judge's decision called?
Judgment: A court decision. Also called a decree or an order. Judgment File: A permanent court record of the court's final disposition of the case.
What does BOI mean in court?
A board of inquiry is comprised of officers with a senior grade to the officer under investigation. As with a court-martial trial, both sides are allowed to present evidence in favor of their side. The government is represented by an experienced military attorney known as a “Recorder”.
What is a court order called?
LAW. an instruction given by a court telling someone what they must or must not do: apply for/seek a court order They applied for a court order to compel the government to disclose details of the deal. comply with/break a court order Failure to comply with a court order is a serious offence.
What is say in court?
verb. if a court hears something, that is what is said in court.
What is special term in court?
1 : a term of court held by a single judge for a special purpose —used of courts composed of several judges to describe the term at which one alone presides whose judgment may thereafter be reviewed by all or others sitting together.
What are the 3 types of court?
Types of courts Basic distinctions must be made between criminal and civil courts, between courts of general jurisdiction and those of limited jurisdiction, and between appellate and trial courts. There are also constitutional, federal, and transnational courts.
How do you persuade a judge?
How to Persuade a JudgeYour arguments must make logical sense. ... Know your audience.Know your case.Know your adversary's case.Never overstate your case. ... If possible lead with the strongest argument.Select the most easily defensible position that favors your case.Don't' try to defend the indefensible.More items...•
How do you impress a jury?
Learn about five tips to help you make a good impression on the jury in your case.Dress for the Day. A jury trial is not the place for self-expression through a wardrobe. ... Make Reasonable Eye Contact. ... Maintain a Calm Demeanor. ... Avoid Too Much Preparation. ... Answer All Questions Carefully.
Is going to court scary?
If you have to go to court, it's OK to feel scared. Adults get scared about court, too. Just remember the judge is there to make sure everything is fair. Children usually go to court because of cases involving their family.
How do you present yourself in court?
To be successful in presenting yourself well in court, it is imperative to follow these simple steps:Dress Appropriately. ... Be Respectful in Your Speech. ... Do Not Interrupt. ... Be Educated. ... Listen. ... Attend All Court Appointments. ... Follow Your Attorney's Lead.
When you testify in court, do you swear?
When you testify in court, you swear that what you say is true.
Who has to give summons and a copy of court papers to the person you are taking to court?
how much time they has before they must file an Answer to your complaint. A deputy sheriff, constable, or someone else who is not involved in your case (a disinterested person) has to give the summons and a copy of the court papers to the person you are taking to court.
What does "filing a case" mean?
It is important to learn what the words you will hear at court mean. " Filing a case " is starting the case in court. You start a case by filling out papers for the right kind of case and giving them to the clerk in the court. A Complaint is a form that you fill out to say what you want the court to do and why.
How to ask a judge to make a decision right away?
Some court cases take a while. If you want to ask the judge to make some decisions right away, you file a motion for temporary orders.
Who is the plaintiff in a lawsuit?
The plaintiff is the person ( party) who filed the case. The other party is called the defendant.
What is a complaint form?
A Complaint is a form that you fill out to say what you want the court to do and why. There is a complaint form for each kind of case, for example a Complaint for Divorce. Some kinds of cases use a Petition instead of a complaint, for example a Petition for Appointment of Guardian of Minor.
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 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 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 is a sentence in criminal law?
sentence: The punishment ordered by a court for a defendant convicted of a crime.
What is docket in court?
docket: A log containing brief entries of court proceedings. evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other. felony: A crime carrying a penalty of more than a year in prison.
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 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 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 first statement made by each side in a court case explaining their legal argument?
Objection – Request made by either legal party to not admit evidence or testimony. Opening statement – The first statement made by each side in a court case explaining their legal argument.
Who is the defendant in a civil case?
In a civil case, the defendant is the person who claims they sustained an injury due to the "plaintiff.". Defense lawyer – The lawyer who represents the defendant. Evidence – Information presented in court to defend or prosecute the defendant.
What is a perjury charge?
Perjury – Someone who makes a false statement under oath can be charged with perjury, a criminal offense. Plaintiff – In a civil case, the person or corporation reportedly responsible for damages sustained by the defendant. Plea – Statement made by defendant to the charge against them at the start of a court case.
What does "plea" mean in court?
Plea – Statement made by defendant to the charge against them at the start of a court case. Often, a defendant will plead "guilty" or "not guilty" during their arraignment.
What is a damages claim?
Damages – Financial compensation awarded for a loss or personal injury in a court case , often during a civil action. There are several different types of damages awarded to a plaintiff, including compensatory damages (including for loss of future income), nominal damages (normally a small amount of money) and punitive damages (financial compensation designed to punish the wrongdoer).
What is Habeas corpus?
Habeas corpus – An order of the court to bring a person before it. This is commonly used to test the legality of a prisoner's detention.
How many people are in a jury?
Jury – A group of people (normally 12 people or sometimes less) responsible for reaching a verdict in a court case.
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 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.
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 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 happens if a defendant pled not guilty?
If the defendant pled “not guilty,” then the judge will use the pretrial hearing to set a date for the trial. Additionally, this hearing allows legal teams to challenge the permissibility of evidence, come to settlement agreements and discuss other important pretrial matters.
What are the pieces of courtroom terminology?
20 Important Pieces of Courtroom Terminology. 1. Plaintiff. The plaintiff is one side of every legal case. The plaintiff is the person, group, or business who files a complaint with the courts. 2. Defendant. The defendant is the opposite of the plaintiff and the other party in every legal case. The defendant is defending ...
What is settlement in court?
Settlement. A settlement is what occurs when either the plaintiff or defendant decides to come to terms in regards to their dispute outside of court. Settlements are usually in the form of a monetary payment to the affected party that satisfies them but does not require the party offering the settlement to admit fault.
What is a summons in court?
Summons. A summons is a legal document that requests a defendant appear in court. Summons are different than a subpoena in that it requests an appearance and is solely intended for a case defendant. A summons can be hand delivered by a sheriff, a server, or it can be mailed. 8.
What is an objection in a courtroom?
Anyone who has seen a television show that is based around the court of law or a movie with a courtroom scene has heard a lawyer bellow “objection!” An objection is what an attorney may pose when they have an issue with the way the opposing party is cross-examining a witness or a witness makes a statement that is considered hearsay.
What is the opposite of the plaintiff?
The defendant is the opposite of the plaintiff and the other party in every legal case. The defendant is defending the complaint filed against them by the plaintiff.
What is the meaning of jurisdiction in civil cases?
5. Jurisdiction. The jurisdiction refers to the court that will hear the civil case. For most civil cases, the court that has jurisdiction decides on which court will hear the case. In federal court cases, jurisdiction is decided upon when the plaintiff and defendant are from different states and the claim exceeds $75,000. 6.
What is the difference between a deposition and a subpoena?
A subpoena is similar to a deposition in that it requires the served party to act; however, while a deposition requires the served party to make a statement, a subpoena requires the served party to make an appearance in court and testify under oath.
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 an order in law?
Order: A written direction of a court or judge to do or refrain from doing certain acts.
What is adult probation?
Adult Probation: A legal status, applied to people 16 years of age and older, who have been convicted of a crime and placed under the supervision of a probation officer for a period of time set by the 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 alternative punishment?
Alternative Sanctions: Criminal punishment that is less restrictive than incarceration. Amicus Curiae brief: A Latin term meaning “friend of the court.”. An Amicus Curiae brief is filed by someone who is not a party to a case but has an interest in its outcome.
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 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.
