what is it called when u have a judge and ur attorney and it a discussion

by Laurel VonRueden 3 min read

When is a judge referred to as Your Honor?

Legally, that would known as having an 'ex-parte' discussion. It means a private discussion without the opposing side being there. In New York, the answer is absolutely "No." Anytime your case is scheduled for a conference, either a status conference, a settlement conference or anything where all attorneys on your case must appear in court, if one side shows up and the …

What is a judge's relationship to a party or attorney?

objection - A protest by an attorney, challenging a statement or question made at trial. Common objections include an attorney “leading the witness” or a witness making a statement that is hearsay. Once an objection is made, the judge must decide whether to …

How is a judge introduced in a court room?

Apr 20, 2022 · The term "your honor" is a shortened way to address "the honorable Judge Smith" from that point on in the proceedings. Throughout a court proceeding, many participants in the case may have the opportunity to address the judge and all should refer to him or her as "your honor." When an attorney speaks directly to the judge, he or she always ...

Are you familiar with the legal jargon in court?

Jan 29, 2014 · For example, counsel may want to ask the court about how juries lately are handling such cases, what verdicts are being returned, etc. Yes, occasionally it could be a discussion about how a certain occupation or demeanor may play to a local jury. One retired judge I know would like to talk about what he called "local legal culture."

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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 is it called when you have a meeting with a judge?

Pretrial: In a civil case, a conference with a judge or trial referee to discuss discovery and settlement. In a criminal case, a conference with the prosecutor, defense attorney and judge to discuss the case status and what will happen next.

What does ex parte communication mean?

“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 is discussed in a sidebar?

The area in front of or next to the bench that is removed from the witness stand and the jury box. Judges will often call attorneys to speak confidentially with the judge privately so that the jury cannot hear what is discussed.

What is the 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 an example of legal jargon?

Examples include mediation, arbitration, and conciliation. Annulment - a case brought seeking to declare marriage void. This is a legal action and not the type sought for religious reasons.

What is counsel de officio?

Appointment of counsel de oficio. — The court, considering the gravity of the offense and the difficulty of the questions that may arise, shall appoint as counsel de oficio only such members of the bar in good standing who, by reason of their experience and ability may adequately defend the accused.Apr 21, 1999

What is it called when a defendant represents himself?

What Do the Terms "Pro Se" and "Pro Per" Mean? Judges and lawyers typically refer to defendants who represent themselves with the terms "pro se" (pronounced pro say) or "pro per." Both come from Latin and essentially mean "for one's own person."

Should any judge lawyer communication be allowed outside of the courtroom?

The rules of judicial conduct prohibit judges from engaging in ex parte communications. Lawyers are also prohibited by the rules of legal ethics from communicating with a judge or juror outside of the presence of opposing counsel. Judges and lawyers may be disciplined for engaging in improper ex parte communications.

What does sustained mean in court?

Objection Sustained or Sustained: When a lawyer objects to the form of a question or the answer a question calls for, the judge may say, “Objection sustained” or merely, “Sustained.” This means the evidence sought cannot be admitted or accepted as evidence.

What is another word for sidebar?

In this page you can discover 9 synonyms, antonyms, idiomatic expressions, and related words for sidebar, like: sidebars, sidebar conference, toolbar, navbar, submenu, menubar, favicon, titlebar and menu bar.

What is private sidebar?

A sidebar is a private area in the courtroom near the Judge's bench where the attorneys and the Judge can have discussions and hear legal arguments. You must have seen it in movies―judges and lawyers having heated arguments away from prying ears and eyes.Oct 5, 2014

What is the chief judge?

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. circumstantial evidence - All evidence that is not direct evidence (such as eyewitness testimony).

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 an affidavit in court?

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. affirmed - Judgment by appellate courts where the decree or order is declared valid and will stand as decided in the lower court.

What is an appeal in court?

appeal - A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. 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.

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 an arraignment in criminal law?

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. arrest warrant - A written order directing the arrest of a party. Arrest warrants are issued by a judge after a showing of probable cause.

What is bench trial?

bench trial - Trial without a jury in which a judge decides the facts. In a jury trial, the jury decides the facts. Defendants will occasionally waive the right to a jury trial and choose to have a bench trial. beyond a reasonable doubt - Standard required to convict a criminal defendant of a crime. The prosecution must prove the guilt so that ...

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 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 the cause of action?

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.

How many people are on a grand jury?

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.

What is a men's rea?

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.

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 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 happens if a judge is biased?

If a judge is biased or prejudiced for or against a party or attorney, he cannot be fair and impartial in deciding the case. A party or attorney who believes such bias or prejudice exists must prove it with admissible evidence, and cannot base this belief on mere suspicion.

Can a judge be impartial?

Even a judge who is not serving as the finder of fact (i.e., when the case is to be decided by a jury) cannot be fair and impartial if he or she has personal knowledge of disputed facts, because the judge's evidentiary rulings (in pleadings and motions made by the parties) may be influenced by that knowledge.

Is a judge a lawyer?

In many jurisdictions, including the U.S., judges are a subset of lawyers, because almost all judges are required to be lawyers. In English law, a title of dignity next above gentleman, and below knight. Also a title of office given to sheriffs, serjeants [sic], and barristers at law, justices of the peace, and others.

What does "officer of the court" mean?

The phrase officer of the court means (according to dictionary.law.com) any person who has an obligation to promote justice and effective operation of the judicial system , including judges, the attorneys who appear in court, bailiffs, clerks and other personnel.

What is the duty of a court officer?

As officers of the court lawyers have an absolute ethical duty to tell judges the truth, including avoiding dishonesty or evasion about reasons the attorney or his/her client is not appearing, the location of documents and other matters related to conduct of the courts.

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