Legal advice; a term also used to refer to the lawyers in a case. Count . An allegation in an indictment or information, charging a defendant with a crime. An indictment or information may contain allegations that the defendant committed more than one crime. Each allegation is referred to as a count. Court
Dec 16, 2003 · Glossary of Terms Commonly Used in Court. Abstract of judgment - An official copy of the contents of a civil judgment. Abstract of conviction - An official copy of the contents of a criminal or traffic verdict and sentence. Accord and Satisfaction - An agreement between the parties whereby a claim or charge may be dismissed by the court upon a ...
Mastering common objections in court is as much a skill as it is an art. This means that you CAN learn how to: Identify when you should object to testimony from a witness and when you should object to inappropriate questioning by the opposing attorney; Properly address the judge and state your objections in a clear, concise and accurate way ...
If the Judge agrees, he will say that you ‘lack capacity‘ and ask someone to make decisions in the court for you – this is called a ‘litigation friend‘. This person could be someone you know, a family member or friend (not already part of the case) or if no one else can do it, it will be the ‘Official Solicitor’, independent people who are paid to do this.
Examination, Direct Examination, Examination-in-chief: The questions which the lawyer asks his own client or witnesses called by him. Cross Examination: The questions which a lawyer puts to the party or a witness on the opposing side. This is designed to test whether the witness is telling the truth.
When you question your own witnesses, this is called direct examination. On direct examination, you will usually only be allowed to ask open-ended questions that do not lead your witnesses in a certain way or influence their answers.
Overview. At trial, witnesses are called, sworn to tell the truth and then answer the questions asked by the attorneys. When an attorney calls the witness and asks questions, this is known as direction examination.
Bar - general term referring to a group of attorneys - example: "The Bar of the 26th Judicial District is active in community issues." Bench - term used to refer to judges or the court - example: "Please approach the bench" refers to approaching the judge. Biological Father – the natural father of a child.
1 : release or discharge from debt or other liability. 2 : a setting free or deliverance from the charge of an offense by verdict of a jury, judgment of a court, or other legal process — see also implied acquittal, judgment of acquittal at judgment sense 1a — compare conviction.
Definition of cross-examination : the examination of a witness who has already testified in order to check or discredit the witness's testimony, knowledge, or credibility — compare direct examination.
When the judge says “Objection sustained” it means that the witness is not to answer the question. It means the judge agrees with the attorney who has objected. That might mean that the question was improper. It might mean that the question was not phrased correctly.
He does not have an opportunity to cross-examine. The court will cross-examine him about his occupation, why he retired, and so on. The defendant's counsel is not to be entitled to cross-examine on three matters. We were able to cross-examine them and find out what had gone wrong.7 days ago
argumentative. adj. the characterization of a question asked by the opposing attorney which does not really seek information but challenges the truthfulness or credibility of the witness.
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.
Legal Definition of legalese : the specialized language of the legal profession.
Legalese TranslatorLegaleseTranslationamongstamongand/or"and" or "or" or possibly "A or B or both"any and allallapproximatelyabout170 more rows
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.
The legal system that originated in England and is now in use in the United States, which relies on the articulation of legal principles in a historical succession of judicial decisions. Common law principles can be changed by legislation. Community service.
Administrative Office of the United States Courts (AO) The federal agency responsible for collecting court statistics, administering the federal courts' budget, and performing many other administrative and programmatic functions, under the direction and supervision of the Judicial Conference of the United States.
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.
Affidavit. A written or printed statement made under oath. Affirmed. In the practice of the court of appeals, it means that the court of appeals has concluded that the lower court decision is correct and will stand as rendered by the lower court.
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.
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.".
Cause of action: The cause of action refers to the reason for which a plaintiff has filed a complaint or suit against someone. Deposition: A deposition is the testimony of a witness other than in open court—often in the form of an oral statement made before an officer who is authorized to administer oaths.
Grand jury: A grand jury consists of 16–23 citizens who, upon listening to evidence presented by prosecutors, determine whether there is probable cause to believe the accused party committed an offense. The decision of a grand jury will determine if a case will be brought to trial.
Robbery vs. burglary: In the legal system, a robbery is considered a felonious taking of another’s property against their will by means of force or fear . Burglary doesn’t actually require that a theft occur —it is simply the unlawful entry into a home or business with the intent to commit a crime inside.
Mens rea: A term that literally means “guilty mind” in Latin, mens rea is used to describe the criminal intent of an individual when committing a crime, otherwise known as criminal responsibility. Pretrial hearing: After an arraignment has been completed, the defendant will return to court for a pretrial hearing.
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.
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.
Affidavit: A term you’ve likely heard referenced often, an affidavit is simply a written or printed statement made under oath.
5 Types of Objections You’ll Likely Encounter in Court 1 You'll be able to identify if your opponent is doing something objectionable — so you can make a timely objection; and 2 You will be able to form a strategy to recover from the objections of the opposing attorney (sustained by the judge) relating to these five common objections; 3 We also provide you with objections in court examples so you can think through the process.
That's a primary reason we have rules of evidence: to establish a fair trial that is based on facts, not speculation. Learn more about rules of evidence (the backbone of evidentiary objections). Lay witnesses (i.e., non-experts) may testify as to their personal knowledge in a case.
Argumentative," you might think it means the attorney is accusing you of arguing. But that's likely not the case. Argumentative is a legal term that means something similar to "drawing conclusions.". For the sake of simplicity, we'll refer to them as an argumentative objection.
Capacity is about making decisions. To make a proper decision you need to be able to do 4 things: 1 understand information about that decision 2 remember the information long enough to help you make the decision 3 use the information to think about the different choices you have and to think about the good and bad things for each choice 4 tell people about the decision you have made, if necessary, using things like sign language or communication books
If the Judge agrees, he will say that you ‘lack capacity ‘ and ask someone to make decisions in the court for you – this is called a ‘litigation friend ‘. This person could be someone you know, a family member or friend (not already part of the case) or if no one else can do it, it will be the ‘Official Solicitor’, independent people who are paid to do this. You will still be asked your views and go to court but it is the litigations friend’s role to make the final decisions for you.
How these things were formulated has many answers, but the most commonly accepted one is that these hark back to the courtly culture of a High Court of the King, where unless the King was pleased to suffer you speak, you had to keep quiet. What you say must please him. A bit like “Her Majesty’s Loyal Opposition”.
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.
Even though quite a long time back Francis Bacon, then Lord Chancellor, commented about garrulous Judges that a much-talking Judge is like an ill-tuned cymbal, in real life they are the norm.
Mr. Protik Prokash Banerji, popularly called Protik da by law students is an advocate at the Kolkata HC. Interning at his chambers is an experience of a life time. People who learn drafting and oratory skills from him swear by the excellent teacher he is. He talks about movies and literature as authoritatively as he talks on law and wrote on such subjects for the Economic Times in 1994-1995. Presently Protik Da is the Junior Standing Counsel, Govt of West Bengal, HC at Calcutta.
If the beneficiary has a mental impairment, develop the capability issue only if there is an indication that the beneficiary lacks the ability to reason properly, appears disoriented, demonstrates seriously impaired judgment, or is unable to communicate with others.
Whenever you or someone raises the question of a beneficiary’s capability, you must make a capability determination and properly document your determination; including whether you find representative payment or direct payment appropriate, per GN 00502.065 .
Unless judged legally incompetent, we presume an adult beneficiary is capable of managing or directing the management of benefits. However, if you have information that the beneficiary has a mental or physical impairment that prevents him or her from managing or directing the management of benefits, develop capability.
Substance abuse is often an indication that a beneficiary needs help managing benefits. If a substance abuse condition exists, consider whether the beneficiary is incapable of managing or directing someone else to manage his or her benefits. 5.
The memorandum gives details of a company's name, objects (purposes) and share capital. It also sets out the limits of the shareholders' liability if the company has to be wound up. The articles set out the members' rights and the directors' powers.
The language used in law is changing. Many lawyers are now adopting a plain English style. But there are still legal phrases that baffle non-lawyers. This guide is intended to help in two ways:
It is often done to give security for money owed or to make sure that something is done as promised.
an interest which starts when a previous interest finishes. When more than one person has been left an interest in land the first person to possess an interest will have to die before the next person can possess an interest in the land, and so on.
an arrangement under which goods can be kept by the potential buyer for a period while their resale is attempted. Unsold goods can be returned if the conditions of the contract have been kept to and the buyer pays for the goods used.
2. Defendant. 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. 3.
Appearing in court, as a defendant or plaintiff, can be stressful. This situation can be made even more stressful when you aren’t clear on what is being discussed. The legal system and court appearances are riddled with legal jargon. Not being aware of what certain courtroom terminology means can make an appearance even more difficult. While being able to follow along with what is being discussed can be crucial for your case, it is also important to be able to follow the conversation between lawyers, the judge, and other members of the court.
Depositions are spoken statements taken both under oath and outside of court. They give the defendant and plaintiff a broad idea of what the other will be saying during court proceedings. It is not uncommon for the plaintiff to get a deposition from the defendant and vice versa.
The discovery phase is a phase that occurs prior to the trial, but after the summons has been sent out. The discovery phase is the time when both parties are preparing for trial, collecting all the information they may need for a trial, and writing their arguments. 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. Complaint.
The complaint is the catalyst of a legal case and the reason that a court appearance must happen. The complaint comes from the plaintiff, is against the defendant, and is a written statement detailing the plaintiff’s claims against the defendant.
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.