counsel - Legal advice; a term used to refer to lawyers in a case. counterclaim - A claim that a defendant makes against a plaintiff. Counterclaims can often be brought within the same proceedings as the plaintiff’s claims.
A judgment of guilt against a criminal defendant. Counsel . 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.
A statement of the details of the charge made against the defendant. Bond A certificate or evidence of a debt; a written commitment to pay a certain …
Mar 01, 2022 · The term lawyers comes also from the term attorneys. help clients resolve disagreements in court by offering advice. It is the lawyers’ job to counsel the judge and jurors in court as well as those that come to court to hear the cases. Lawyers talking for someone who has gone before court means that they feel that they represent his or her.
Counsel - Legal adviser; a term used to refer to lawyers in a case. Counterclaim - A claim made by the defendant in a civil lawsuit against the plaintiff. In essence, a counter lawsuit within a lawsuit. Court - Government entity authorized to resolve legal disputes. Judges sometimes use “court” to refer to themselves in the third person, as in “the court has read the brief.”
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.
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.
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.
Indictment - A formal, written accusation by the grand jury that there is enough evidence to believe the defendant has committed a crime. An indictment is sometimes referred to as a true bill.
There are many common legal terms that are used in courtrooms from one lawyer to another, to the judge, or by the judge themselves. Some of these terms are used often enough in everyday conversations yet their common use definition may differ from their use in a courtroom setting.
Lawyer Lingo – Common Law Jargon DecipheredObjection. “Objection" is used to protest when an opposing lawyer asks an inappropriate question of a witness. ... Sustained. ... Overruled. ... Withdrawn. ... Rebuttal. ... Prima Facie. ... Plea Bargain. ... Adjournment.More items...•Aug 17, 2012
A bench in the High Court of Karnataka hears matters for five and a half hours approximately between 10:30 to 13:30 and 14:30 to 17:00. This means that a bench has about 330 minutes per day to hear matters presented before it; therefore if one were to hear each case for five minutes, a bench can hear 66 cases per day.Mar 29, 2019
You· and each of you, do solemnly swear (or affirm) that you will well and truly try this case before you, and a true verdict render, according to the evidence and the law so help you God? (Oath to jurors on trial) You have the right to remain silent.
These past decisions are called "case law", or precedent.
The term "opinions," as used here, refers to several types of writing by the Justices. The most well known are the opinions of the Court announced in cases in which the Court has heard oral argument. Each sets out the Court's judgment and its reasoning.
Rule 9. If no request is made, the court may issue either a warrant or a summons in its discretion. More than one warrant or summons may issue for the same defendant. The prothonotary shall deliver the warrant or summons to the sheriff or other person authorized by law to execute or serve it.
The person accused of committing the crime is called the defendant. The government must prove that the defendant is guilty “beyond a reasonable doubt,” which is a very high standard. If the defendant is found guilty, then he or she may go to jail or prison. I have been accused of a crime and cannot afford a lawyer.
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.".
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.
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.
Plea. In a criminal proceeding it is the defendant's declaration in open court, that he is guilty or not guilty – the defendant's answer to the charges made against him in the indictment or information. Pleading.
Refers to the jurisdiction given to the federal courts in cases involving the interpretation and application of Acts of Congress, the U.S. Constitution, and treaties. File. To put into files or records of the court; to file a paper is to place it in the official custody of the clerk.
A. Acquittal. Legal judgment that a criminal defendant has not been proved guilty beyond a reasonable doubt of the charges against him. Action. Case, cause, suit or controversy disputed or contested before a court of justice. Affidavit. A written statement of facts confirmed by the oath of the party making it, before a notary or other officer ...
Affidavit. A written statement of facts confirmed by the oath of the party making it, before a notary or other officer having authority to administer oaths. Affirmed. In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court. Allegation.
A statement of the details of the charge made against the defendant. Bond. A certificate or evidence of a debt; a written commitment to pay a certain amount of money if certain conditions are not met. Bond for Costs. A bond given by a party to secure the eventual payment of the costs of the suit. Brief.
For example, to cite a case is to refer to a particular case in an attempt to persuade the Court to be guided by the decision reached in that case. Every law suit other than a criminal action; an adversary proceeding for the enforcement or protection of a legal right or the redress or prevention of a wrong.
Counter-claim. A claim which a defendant makes against a plaintiff. Court of Appeals. An intermediate federal court, inferior to the U.S. Supreme Court but higher than the U.S. District Court. Its function is to review the final decisions of the district courts, if challenged.
Appeal - A request to a supervisory court, usually composed of a panel of judges, to overturn the legal ruling of a lower court.
Arraignment - The initial appearance before a judge in a criminal case. At an arraignment, the charges against the defendant are read, a lawyer is appointed if the defendant cannot afford one, and the defendant's plea is entered. A plea can be guilty, not guilty, or where permitted nolo contendere.
Adjudication - Giving or pronouncing a judgment or decree. Also the judgment given. Administrative agencies - Agencies created by the legislative branch of government to administer laws pertaining to specific areas such as taxes, transportation, and labor.
Equal Protection Clause - The portion of the Fourteenth Amendment to the U.S. Constitution that prohibits discrimination by state government institutions. The clause grants all people equal protection of the laws, which means that the states must apply the law equally and cannot give preference to one person or class of persons over another.
Alternative dispute resolution - Settling a dispute without a full, formal trial. Methods include mediation, conciliation, arbitration, and settlement, among others.
Amicus curiae - Latin for friend of the court. Refers to a party that is allowed to provide information (usually in the form of a legal brief) to a court even though the party is not directly involved in the case at hand. Annulment - A legal decree that states that a marriage was never valid.
Cause of action - The fact or facts which give a person a right to relief in court. Certiorari - When a higher court agrees to review the decision of a lower court. If an appellate court grants a writ of certiorari, it agrees to take the appeal. Civil law or civil case - A case that does not include a crime.
Appeal - An application to a higher court for review of an order of conviction or of a civil judgment against a party.
Arrest Warrant – An order by a judge that gives permission for a police officer to arrest a person for allegedly committing a crime. Assault - Threat to inflict injury with an apparent ability to do so. Also, any intentional display of force that would give the victim reason to fear or expect immediate bodily harm.
Acceptance – An unambiguous communication that the offer has been accepted. For contracts controlled by the UCC, contracts involving the sales of goods need not mirror the offer’s terms. For other contracts, the acceptance must mirror the offer’s terms without omitting, adding, or altering terms.
Adjudication - Judgment rendered by the court after a determination of the issues. Ad Litem - A Latin term meaning “for the purpose of the lawsuit.”. For example, a guardian “ad litem” is a person appointed by the court to protect the interests of a minor or legally incompetent person in a lawsuit.
Appeal Bond - A sum of money posted by a person appealing a judicial decision (appellant). Appearance – (1) The formal proceeding by which a defendant submits to the jurisdiction of the court. (2) A written notification to the plaintiff by an attorney stating that s/he is representing the defendant.
Bail - Cash or surety posted to procure the release of a defendant in a criminal proceeding by insuring his/her future attendance in court, and compelling him/her to remain within the jurisdiction of the court.
Bar – (1) Historically, the partition separating the general public from the space occupied by the judges, lawyers, and other participants in a trial. (2) More commonly, the body of lawyers within a jurisdiction.
Defendant: a person who has been formally charged with committing a crime; the person accused of a crime. Defense Attorney: the lawyer who represents the defendant in legal proceedings. Victims are usually not required to speak with defense attorneys except in court, but may do so if they choose.
A. Accused: formally charged but not yet tried for committing a crime; the person who has been charged may also be called the defendant. Acquittal: a judgment of court, based on the decision of either a jury or a judge, that a person accused is not guilty of the crime for which he has been tried. ADA: Assistant district attorney.
Intensive Probation: Defendants are on supervised probation, have curfews, and see probation officer at least once a week. Investigation: the gathering of evidence by law-enforcement officials (and in some cases prosecutors) for presentation to a grand jury or in a court, to prove that the accused did commit the crime.
Adjudication: the judicial decision that ends a criminal proceeding by a judgment of acquittal, conviction, or dismissal of the case.
Alleged: said to be true, but not yet proven to be true; until the trial is over, the crime may be called the “alleged crime.”. Appeal: a request by either the defense or the prosecution that a higher court review the results of a decision on certain motions or in a completed trial.
Arrest warrant: A written order issued by the District court or magistrate including a statement of the crime of which the person to be arrested is accused, and directing that the person be arrested and held to answer the accusation before a magistrate or other judge. Assailant: person identified as the attacker.
The purpose of bail is to insure that the offender will return to court. Bailiff: a uniformed officer who keeps order in the courtroom.
A defendant is a person or entity (like a company) that has been sued or accused of a crime. In some civil cases, especially family law cases, the defendant is called the respondent.
Criminal Case Example. In a criminal case, the defendant is the person accused of committing a crime. For example, if someone is accused of murder, the government will bring a criminal case against them. The government is the plaintiff, and the accused is the defendant.
The plaintiff is the person or entity who files the lawsuit, also known as the claimant. The defendant is the person or entity being sued. In a case name such as Johnson v. Smith, you will see the plaintiff (s) ( Johnson) listed before the v., and the defendant (s) ( Smith) after the v.
If a defective product injures you, you might bring a civil lawsuit against the manufacturer of the product. You would be the plaintiff, and the manufacturer would be the defendant. There can be more than one plaintiff and more than one defendant.