what is the area behind an attorney in court called

Full Answer

Where do lawyers sit in a court case?

In trials, lawyers usually sit or stand at counsel table, with the prosecutor usually on the side closest to the jury box. (Most defense lawyers stand when addressing the judge or questioning witnesses.) Jurors sit in the rows of seats near the judge, called the jury box, during trial.

What is the government’s attorney called?

The government’s attorney is called a prosecutor . In federal district court, this is the U.S. Attorney or an Assistant U.S. Attorney. There is a United States Attorney for each of the federal districts.

What is the bar in a courtroom called?

Courtroom division. The wooden bar in front of the magistrate's bench in an 18th-century outdoor courtroom in Belgium. The origin of the term bar is from the barring furniture dividing a medieval European courtroom, similar to the origin of the term bank for the bench-like location of financial transactions in medieval Europe.

What does it mean when a lawyer is called a bar?

In law, the bar is the legal profession as an institution. The term is a metonym for the line (or "bar") that separates the parts of a courtroom reserved for spectators and those reserved for participants in a trial such as lawyers. ... When a lawyer becomes an advocate or barrister, he/she is called to the bar.

What are the different parts of a courtroom called?

Courtroom ElementsAttorney Tables.Court Clerk's Station.Spectator Seating.Witness Stand.

What is the back of the court called?

The Gallery Most courtrooms have a spectator area in the back, a gallery, often separated by a "bar" or partition from the rest of the courtroom. Members of the public, including those who come to court to support a family member or friend, sit in this area.

What are the parts of a legal case?

The existence of a legal duty that the defendant owed to the plaintiff. The defendant's breach of that duty. The plaintiff's sufferance of an injury. Proof that defendant's breach caused the injury (typically defined through proximate cause)

What are the people in the back of the courtroom called?

Counsel tables are at the back of the well. This is where lawyers and their clients sit during court trial or other court proceedings.

What is the dock in a courtroom?

The dock is a place in the criminal courtroom which is set aside for defendants and marks them out from other participants in the trial. It is also occupied by the security personnel who guard defendants and the interpreters and intermediaries1 who may be assigned to assist them.

Why is it called the dock?

This enclosed area, symbolically keeping the defendant in custody during the trial, is known as the dock, possibly stemming from the obsolete Flemish word docke meaning "cage." The defendant in an English criminal trial is therefore physically and literally in the dock.

What is the opposition called in court?

If one party to a case has filed a motion with the court, the other side can file an “opposition.” An “opposition” is a written statement explaining to the judge why the other side is not entitled to whatever he is asking for in his motion. It is your opportunity to oppose the other side's request.

What are the three parts of a case brief?

Title and Citation. The title of the case shows who is opposing whom. ... Facts of the Case. A good student brief will include a summary of the pertinent facts and legal points raised in the case. ... Issues. ... Decisions. ... Reasoning. ... Separate Opinions. ... Analysis.

How do you identify parts of a case?

Identify parts of a case Header. Usually contains the reported citation of the case, page numbers and may contain other information - often added by report publisher. Parties' names and roles. ... Court. ... Medium neutral citation. ... Judges. ... Date of hearing/judgment. ... Previous court. ... Catchwords.More items...•

Who is the person who sits next to the judge in court?

Can you imagine writing down all the words people say? The court reporter usually sits near the judge and types on a small machine. Court reporters type very fast, and everyone in court has to speak slowly and clearly so the court reporter can hear what they say. All courts have clerks as well.

Whats the opposite of defendant in court?

In Criminal Cases, the Plaintiff is typically identified as “The People,” which is the State on behalf of the victim. The Defendant is the individual(s) being accused of a crime or code. In Civil Cases, the Plaintiff is the person(s) who has alleged that a wrongdoing has been done to the them.

What is a judge's bench called?

The phrase "bench and bar" denotes all judges and lawyers collectively. The term "full bench" is used when all the judges of a certain court sit together to hear a case, as in the phrase "before the full bench", which is also referred to as en banc.

What is back court in volleyball?

The area between net and attack line where front-row players are positioned is referred to as the frontcourt. The backcourt is the area between the attack line and the end line where the players in the back row stand. The service area is the space beyond either end line where a player stands while serving.

What is court stand called?

bench. noun. the place where the judge sits in a court of law.

What is the front court :?

Definition of frontcourt 1 : a basketball team's offensive half of the court. 2 : the positions of the forwards and center on a basketball team also : the forwards and center themselves.

Why do courtrooms have wood paneling?

The floor should be finished with carpet or padded vinyl to reduce noise. Many older courthouses were built with wood paneling in the courtrooms, which often produced wonderful acoustics. When sound amplification systems are added to these courtrooms the result is often disastrous.

What is Martindale Nolo?

Nolo is a part of the Martindale Nolo network, which has been matching clients with attorneys for 100+ years.

What happens when a judge calls a case?

Typically, once a judge calls a case, the defendant and his or her attorney move out of the gallery, past the bar. Defendants should sit or stand as directed by their attorneys (if they have counsel) or by the judge, courtroom clerk, or bailiff. The custom is different in different proceedings and different courtrooms.

Where is the bench of a judge?

The judge's bench is the raised wooden desk or podium at the front of the courtroom where the judge sits. Attorneys and defendants alike shouldn't go near the bench unless they ask for and receive the judge's permission to do so. Forbidden territory includes the "well," which is the space between counsel table and the bench, where the courtroom clerk and the court reporter may sit. (Courtroom clerks may alternatively sit on the side of the judge's bench opposite the witness box.)

Where do defendants sit in court?

Defendants who are free on bail (or OR) usually sit in the spectator area of the courtroom until their cases are called by the courtroom clerk, bailiff, or judge. In-custody defendants wait in holding cells and are escorted into the courtroom by a bailiff.

Where do jurors sit in court?

Jurors sit in the rows of seats near the judge, called the jury box, during trial. The jury box may remain empty during nonjury proceedings (or when a jury is deliberating), or the judge may use it to seat lawyers or in-custody defendants during pretrial hearings (including arraignments and motions).

Where is the spectator area in a courtroom?

Most courtrooms have a spectator area in the back, often separated by a "bar" or partition from the rest of the courtroom. Members of the public, including those who come to court to support a family member or friend, sit in this area.

Where do lawyers sit at trial?

However, at trial or a hearing on a motion, they may sit at counsel table. Lawyers. Whether lawyers stand, and where they do so, depends again on the proceeding. In pretrial hearings, lawyers may stand at counsel table or right in front of the judge, or they may sit.

What is the jury box in a courtroom?

This is the jury box. In traditional proceedings, this is where a jury will sit to hear testimony and review the evidence. Many criminal courtrooms also use the jury box to hold inmates awaiting hearings like arraignments/first appearances, evidentiary hearings, etc. Some smaller courtrooms that are used exclusively for bench trials (where there is no jury) may lack a jury box. Typically, the party with the burden of proof (i.e., the prosecutor in criminal cases and the plaintiff or petitioner in civil ones) sits at the counsel table closest to the jury. Since this party has the greater burden to prove their case, this is supposed to give them a better opportunity to see the jurors' reactions and to be seen by them, in turn. Some stories even suggest that this allowed the prosecutor or plaintiff to whisper things under his breath so the jurors could hear it. Of course, such conduct would be grounds for a mistrial and sanctions against the party who did it, so you will not likely see any whispered conversations with jurors in a modern courtroom.

Why do criminal courts have jury boxes?

Many criminal courtrooms also use the jury box to hold inmates awaiting hearings like arraignments/first appearances, evidentiary hearings, etc. Some smaller courtrooms that are used exclusively for bench trials (where there is no jury) may lack a jury box.

What is a bailiff?

A bailiff is a law enforcement officer charged with maintaining peace and security in a courtroom. Many jurisdictions use deputy sheriffs, and federal courthouses have U.S. marshals. Bailiffs are the ones who typically announce “all rise” as the judge enters and leaves the courtroom. To aid in keeping distance between the judge and those in the courtroom, bailiffs often offer to carry documents and evidence from counsel tables to the bench. If a bailiff asks you to do something, they are a law enforcement official, and the only person with more authority in the courtroom is the judge, so you should always comply.

What is bench trial?

It is also a metaphor for the judge's role in a court proceeding. So, if you hear someone refer to a “bench trial,” that is a trial with only a judge and no jury , or a “bench warrant” is a warrant issued by a judge on his or her own initiative (usually because of someone missing court or being in contempt of an order by the judge).

What is the little divider between the judges and attorneys called?

Ever notice that little divider almost every courtroom has between where the attorneys and judge sit (the "well") and the chairs in the back for an audience? That divider is called the “bar,” and is actually why the organizations that regulate attorneys are called “bar associations.” When one passes the licensing exam to become an attorney, it is known as “passing the bar” because they were no longer the lay people forced to sit behind the bar, but could now join the legal professionals sitting in the well by passing the bar dividing the two parts of the court room.

What does it mean when a judge says a matter will be heard in chambers?

If one reads a notice of hearing that says a matter will be heard “in chambers,” that simply means the judge will not be using his courtroom, but instead will use a smaller hearing room.

What is the clerk of the court?

The clerk of the court is the person responsible for keeping all of the filed paperwork and exhibits for the court. There is usually an actual person called the clerk of the court, but he or she has a number of deputy clerks that are the ones who typically attend ordinary court proceedings. In some jurisdictions, the clerks are also responsible for administering the oath regarding giving truthful testimony. The clerk usually sits somewhere near the judge in the courtroom, and may even be in a recess that looks much like a witness stand.

What is the job of a court reporter?

Court Reporter. Also known as a stenographer, this person’s job is to make an accurate record of everything that is said in the courtroom during the course of trials. Court reporting is a specialized skill that takes years of preparation and practice to master.

What does "PACER" mean in court?

Are you interested in reading court documents? Click here to visit the U.S. Courts PACER site. PACER means Public Access to Court Electronic Records.

How many jurors are there in a federal trial?

In federal criminal trials, there are always 12 jurors. In federal civil trials, the number of jurors varies, but there will always be at least 6 and no more than 12. Visit the Student Center page The Judge and The Jury to learn more.

How many clerks are there in a district?

Each district has one supervisory Clerk of Court, who then has one or more deputy clerks who assist with case management and courtroom duties. The clerk works for the judicial branch of government.

What is a federal public defender?

Federal Public Defenders and Assistant Federal Public Defenders are experienced lawyers who assist accused persons with their defense against federal charges. The Federal Public Defenders Office is within the judicial branch of government because it provides a service to the courts. But they represent the defendants, not the judges.

What does a judge decide?

The judge rules on issues of law that come up in trial. The judge decides on the verdict if it’s a bench trial. District judges determine the appropriate punishment and sentence those convicted of crimes. Visit the Student Center page About Federal Judges to learn more.

What is the government's attorney called?

In a criminal case, the government is bringing a suit against someone accused of breaking the law. The government’s attorney is called a prosecutor . In federal district court, this is the U.S. Attorney or an Assistant U.S. Attorney. There is a United States Attorney for each of the federal districts. He or she is assisted by several Assistant ...

What is dock in court?

In the British Commonwealth (and many other countries), a courtroom used for trials of criminal cases often has a dock: a space exclusively reserved for seating a criminal defendant. It is marked off with a barrier, like the jury box and the witness stand. As late as the 1970s, some American courtrooms also had docks, but they gradually fell out of use. Defendants argued that they were prejudicial and interfered with the accused's right to counsel, since defense attorneys were traditionally seated at the table for defense counsel and were not normally allowed to sit next to the dock.

What is the layout of a courtroom?

Depending on the layout of the room, a claimant may sit on either the right or left in a civil court, just as the prosecution may sit on either side (usually the opposite side to the jury) in a criminal court.

What is the name of the barrier that holds the witness stand and the court reporter?

The courtroom is divided into two parts by a barrier known as the bar. The bar may be an actual railing, or an imaginary barrier. The bailiff stands (or sits) against one wall and keeps order in the courtroom.

What is a courtroom?

Unsourced material may be challenged and removed. A courtroom is the enclosed space in which courts of law are held in front of a judge. A number of courtrooms, which may also be known as "courts", may be housed in a courthouse.

Why is the Royal Coat of Arms placed above the judge?

Like in England and Wales, in Scotland the Royal Coat of Arms is placed above and behind the judge or presiding sheriffs to symbolise the fact that trials are carried out in the name of The Crown. However, the Scottish version (unicorn on viewer's left, motto Nemo Me Impune Lacessit, etc.) is always used.

What is the space between the bench and the counsel table called?

This space is called the well. It is extremely disrespectful to the court for persons who are not court employees to directly "traverse the well" without permission—that is, to walk directly towards the bench across the well—and some courts have rules expressly forbidding this. Instead, if documents need to be given to or taken from the judge, attorneys are normally expected to approach the court clerk or bailiff, who acts as an intermediary. During trials, attorneys will ask the court's permission to traverse the well or "approach the bench" for "sidebar" conferences with the judge.

What is on the other side of the bar?

On the other side of the bar is the gallery, with benches and chairs for the general public. In some cases the gallery is separated from the rest of the room by bulletproof glass .

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 pretrial release?

The release, prior to trial, of a person accused of a crime, under specified conditions designed to assure that person's appearance in court when required. Also can refer to the amount of bond money posted as a financial condition of pretrial release.

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 class action?

A lawsuit in which one or more members of a large group, or class, of individuals or other entities sue on behalf of the entire class. The district court must find that the claims of the class members contain questions of law or fact in common before the lawsuit can proceed as a class action. Clerk of court.

What is the bar in law?

In law, the bar is the legal profession as an institution. The term is a metonym for the line (or "bar") that separates the parts of a courtroom reserved for spectators and those reserved for participants in a trial such as lawyers . In the United Kingdom, the term "the Bar" refers only to the professional organisation for barristers ...

What is the MBE exam?

Almost all states use the Multistate Bar Examination (MBE), a multiple-choice exam administered on one day of a two- or three-day test, and an increasing number use the Uniform Bar Examination, which includes the MBE.

What is the difference between the bar and the bench?

In conjunction with bench, bar may differentiate lawyers who represent clients ( the bar) from judges or members of a judiciary ( the bench ). In this sense, the bar advocates and the bench adjudicates. Yet, judges commonly remain members of the bar and lawyers are commonly referenced as Officers of the Court .

What does "board and bar" mean?

The phrase bench and bar denotes all judges and lawyers collectively.

What is the bar test for patents?

Admission to practice before the patent section of the United States Patent and Trademark Office (USPTO) requires that the individual pass a separate, single-day examination administered by that agency. This test is typically referred to as the "patent bar", although the word "bar" does not appear in the test's official name.

What is the prerequisite for a patent attorney?

Instead, the main prerequisite is a science or engineering background, most often met with a bachelor's degree in a relevant field. Individuals who pass the examination are referred to as "patent attorneys" if they have an active law license from any U.S. jurisdiction, and "patent agents" otherwise.

What is a bar?

The bar commonly refers to the legal profession as a whole. With a modifier, it may refer to a branch or division of the profession: as, for instance, the tort bar —lawyers who specialize in filing civil suits for damages.

The Gallery

The Jury Box

The Bench

Chambers

• Judges usually have private offices called chambers that are located in a room adjacent to or behind the courtroom. A judge and the attorneys may have a conference in chambers during a trial or other proceeding, especially if they want to go "off the record" and have a quiet place to confer. Also, some judges prefer to hold plea bargainnegotiations...

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