Consortium For Language Access In The Courts Glossary Of Commonly Used Court & Justice System Terminology (Set 3)

Front 1

DAMAGES

Back 1

Money awarded by a court to a person injured by the unlawful act or negligence of another person.

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DEATH PENALTY

Back 2

State-imposed death as punishment for a serious crime. Capital punishment.

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DEATH ROW

Back 3

The area of a state or federal prison where criminals who are sentenced to death are confined until their sentence is commuted or carried out.

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DECISION

Back 4

The judgment reached or given by a court of law.

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DECLARATORY JUDGMENT

Back 5

A judgment of the court that explains what the existing law is or expresses the opinion of the court without the need for enforcement.

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DECREE

Back 6

An order of the court. A final decree is one that fully and finally disposes of the litigation. An interlocutory decree is a preliminary order that often disposes of only part of a lawsuit.

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DEFAMATION

Back 7

That which tends to injure a person's reputation. Libel is published defamation, whereas slander is spoken.

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DEFAULT

Back 8

A failure to respond to a lawsuit within the specified time.

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DEFAULT-JUDGMENT

Back 9

A judgment entered against a party who fails to appear in court, respond to the charges, or does not comply with an order, especially an order to provide or permit discovery.

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DEFENDANT

Back 10

1. In a criminal case, the person accused of the crime. 2. In a civil case, the person being sued.

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DEFENSE

Back 11

1. Defendant's statement of a reason why the plaintiff or prosecutor has no valid case against defendant, especially a defendant's answer, denial, or plea. 2. Defendant's method and strategy in opposing the plaintiff or the prosecution. 3. One or more defendants in a trial.

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DEFENSE ATTORNEY

Back 12

An attorney who represents the defendant.

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DELIBERATE

Back 13

1. To discuss, ponder or reflect upon before reaching a decision. A judge will usually deliberate before announcing a judgment. 2. Intentional, characterized by consideration and awareness.

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DELIBERATION

Back 14

The jury's decision-making process after hearing the evidence and closing arguments and being given the court's instructions.

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DELINQUENCY, JUVENILE

Back 15

Antisocial behavior by a minor; especially behavior that would be criminally punishable if the actor were an adult, but instead is usually punished by special laws pertaining only to minors.

Front 16

DEMURRER

Back 16

A motion to dismiss a civil case because of the legal insufficiency of a complaint.

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DEPENDENT CHILD

Back 17

A child who is homeless or without proper care through no fault of the parent, guardian, or custodian.

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DEPORTATION

Back 18

The act of removing a person to another country. Order issued by an immigration judge, expelling an alien from the United States. A deportation has certain consequences regarding the number of years within which a deportee may not legally immigrate. There are also criminal consequences for reentry within a prescribed time period.

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DEPOSITION

Back 19

A pretrial discovery device by which one party questions the other party or a witness for the other party. It usually takes place in the office of one of the lawyers, in the presence of a court reporter, who transcribes what is said. Questions are asked and answered orally as if in court, with opportunity given to the adversary to cross-examine. Occasionally, the questions are submitted in writing and answered orally.

Front 20

DEPRIVATION OF CUSTODY

Back 20

The court transfer of legal custody of a person from parents or legal guardian to another person, agency, or institution. It may be temporary or permanent.

Front 21

DEPUTY D.A.

Back 21

An assistant lawyer to the district attorney.

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DESCENT AND DISTRIBUTION STATUTES

Back 22

State laws that provide for the distribution of estate property of a person who dies without a will. Same as intestacy laws.

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DETENTION

Back 23

The act or fact of holding a person in custody; confinement or compulsory delay.

Front 24

DETENTION HEARING

Back 24

In juvenile court, a judicial hearing, usually held after the filing of a petition, to determine interim custody of a minor pending a judgment.

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DIRECT EVIDENCE

Back 25

Proof of facts by witnesses who saw acts done or heard words spoken.

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DIRECT EXAMINATION

Back 26

The first questioning of witnesses by the party on whose behalf they are called.

Front 27

DIRECTED VERDICT

Back 27

Now called Judgment as a Matter of Law. An instruction by the judge to the jury to return a specific verdict.

Front 28

DISBARMENT

Back 28

Form of discipline of a lawyer resulting in the loss (often permanently) of that lawyer's right to practice law. It differs from censure (an official reprimand or condemnation) and from suspension (a temporary loss of the right to practice law).

Front 29

DISCLAIM

Back 29

To refuse a gift made in a will.

Front 30

DISCOVERY

Back 30

The procedure by which one or both parties disclose evidence which will be used at trial. The specific tools of discovery include depositions, interrogatories and motions for the production of documents.

Front 31

DISMISS

Back 31

To terminate legal action involving outstanding charges against a defendant in a criminal case.

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DISMISSAL WITH PREJUDICE

Back 32

The dismissal of a case, by which the same cause of action cannot be brought against the defendant again at a later date.

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DISMISSAL WITHOUT PREJUDICE

Back 33

The dismissal of a case without preventing the plaintiff from bringing the same cause of action against the defendant in the future.

Front 34

DISORDERLY CONDUCT

Back 34

Any behavior, contrary to law, which disturbs the public peace or decorum, scandalizes the community, or shocks the public sense of morality.

Front 35

DISPOSITION

Back 35

A final settlement or determination. The court decision terminating proceedings in a case before judgment is reached, or the final judgment.

Front 36

DISSENT

Back 36

To disagree. An appellate court opinion setting forth the minority view and outlining the disagreement of one or more judges with the decision of the majority.

Front 37

DISSOLUTION

Back 37

The act of bringing to an end; termination. The dissolution of a marriage or other relationship.

Front 38

DISTRICT ATTORNEY

Back 38

A lawyer appointed or elected to represent the state in criminal cases in his or her respective judicial districts. See PROSECUTOR.

Front 39

DISTURBING THE PEACE

Back 39

Conduct which tends to annoy all citizens, including unnecessary and distracting noisemaking.

Front 40

DIVERSION

Back 40

1. The process of removing some minor criminal traffic, or juvenile cases from the full judicial process, on the condition that the accused undergo some sort of rehabilitation or make restitution for damages. 2. Unauthorized use of funds.

Front 41

DIVORCE

Back 41

Legal dissolution of a marriage by a court. Also termed dissolution of marriage.

Front 42

DOCKET

Back 42

A list of cases to be heard by a court, or a log containing brief entries of court proceedings.

Front 43

DOCKET NUMBER

Back 43

The designation assigned to each case filed in a particular court. Also called a case number.

Front 44

DOMESTIC VIOLENCE

Back 44

An assault committed by one member of a household against another.

Front 45

DOMICILE

Back 45

The place where a person has his or her permanent legal home. A person may have several residences, but only one domicile.

Front 46

DOUBLE JEOPARDY

Back 46

The constitutional prohibition under the Fifth Amendment against a person being put on trial more than once for the same offense.

Front 47

DRIVING WHILE INTOXICATED (DWI)

Back 47

The unlawful operation of a motor vehicle while under the influence of drugs or alcohol. In some jurisdictions it is synonymous with DRIVING UNDER THE INFLUENCE (DUI), but in others, driving while intoxicated is a more serious offense than driving under the influence.

Front 48

DRUNK DRIVING

Back 48

The operation of a vehicle in an impaired state after consuming alcohol that when tested is above the state's legal alcohol limit.

Front 49

DUE PROCESS OF LAW

Back 49

The right of all persons to receive the guarantees and safeguards of the law and the judicial process. It includes such constitutional requirements as adequate notice, assistance of counsel, the right to remain silent, theright to a speedy and public trial, the right to an impartial jury, and the right to confront and secure witnesses.

Front 50

ELEMENTS OF A CRIME

Back 50

Specific factors that define a crime which the prosecution must prove beyond a reasonable doubt in order to obtain a conviction.

Front 51

EMBEZZLE

Back 51

To willfully take or convert to one's own use, another's money or property, which the wrongdoer initially acquired lawfully, because of some office, employment, or some position of trust.

Front 52

EMINENT DOMAIN

Back 52

The power of the government to take private property for public use through condemnation.

Front 53

EN BANC

Back 53

All the judges of a court sitting together. Appellate courts can consist of a dozen or more judges, but often they hear cases in panels of three judges. If a case is heard or reheard by the full court, it is heard en banc.

Front 54

ENHANCE

Back 54

To make greater in value, to increase.

Front 55

ENJOINING

Back 55

An order by the court telling a person to stop performing a specific act.

Front 56

ENTER A GUILTY PLEA

Back 56

The formal statement before the court that the accused admits committing the criminal act.

Front 57

ENTRAPMENT

Back 57

A defense to criminal charges alleging that agents of the government induced a person to commit a crime he or she otherwise would not have committed.

Front 58

EQUAL PROTECTION

Back 58

The guarantee in the Fourteenth Amendment to the U.S. Constitution that all persons be treated equally by the law.

Front 59

EQUITABLE ACTION

Back 59

An action which may be brought for the purpose of restraining the threatened infliction of wrongs or injuries, and the prevention of threatened illegal action.

Front 60

EQUITY

Back 60

Generally, justice or fairness. Historically, equity refers to a separate body of law developed in England in reaction to the inability of the common-law courts, in their strict adherence to rigid writs and forms of action, to consider or provide a remedy for every injury. The king therefore established the court of chancery to do justice between parties in cases where the common law would give inadequate redress. The principle of this system of law is that equity will find a way to achieve a lawful result when legal procedure is inadequate. Equity and law courts are now merged in most jurisdictions.

Front 61

ESCHEAT (ES-CHET)

Back 61

The process by which a deceased person's property goes to the state if no heir can be found.

Front 62

ESCROW

Back 62

Money or a written instrument such as a deed that, by agreement between two parties, is held by a neutral third party (held in escrow)until all conditions of the agreement are met.

Front 63

ESTATE

Back 63

An estate consists of personal property (car, household items, and other tangible items), real property, and intangible property, such as stock certificates and bank accounts, owned in the individual name of a person at the time of the person's death. It does not include life insurance proceeds (unless the estate was made the beneficiary) or other assets that pass outside the estate (like joint tenancy assets).

Front 64

ESTATE TAX

Back 64

Generally, a tax on the privilege of transferring property to others after a person's death. In addition to federal estate taxes, many states have their own estate taxes.

Front 65

ESTOPPEL

Back 65

A person's own act, or acceptance of facts, which preclude his or her later making claims to the contrary.

Front 66

EVICTION

Back 66

Recovery of land or rental property from another by legal process.

Front 67

EVIDENCE

Back 67

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.

Front 68

EVIDENCE, CIRCUMSTANTIAL

Back 68

Inferences drawn from proven facts.

Front 69

EVIDENCE, DIRECT

Back 69

Evidence in form of witness testimony, who actually saw, heard, or touched the subject of question.

Front 70

EVIDENCE, EVANESCENT

Back 70

Evidence which can disappear relatively quickly, such as the amount of alcohol in a person's blood.

Front 71

EXAMINATION, DIRECT

Back 71

The first examination of a witness by the counsel who called the witness to testify.

Front 72

EXAMINATION, RECROSS

Back 72

A second examination of a witness by the opposing counsel after the second examination (or redirect examination) by the counsel who called the witness to testify is completed.

Front 73

EXAMINATION, REDIRECT

Back 73

A second examination of a witness by the counsel who called the witness to testify. This examination is usually focused on certain matters that were discussed by the opposing counsel's examination.

Front 74

EXCEPTIONS

Back 74

Declarations by either side in a civil or criminal case reserving the right to appeal a judge's ruling upon a motion. Also, in regulatory cases, objections by either side to points made by the other side or to rulings by the agency or one of its hearing officers.

Front 75

EXCLUSION OF WITNESSES

Back 75

An order of the court requiring all witnesses to remain outside the courtroom until each is called to testify, except the plaintiff or defendant. The witnesses are ordered not to discuss their testimony with each other and may be held in contempt if they violate the order.

Front 76

EXCLUSIONARY RULE

Back 76

The rule preventing illegally obtained evidence to be used in any trial.

Front 77

EXCLUSIVE JURISDICTION

Back 77

The matter can only be filed in one court.

Front 78

EXCULPATORY EVIDENCE

Back 78

Evidence which tends to indicate that a defendant did not commit the alleged crime.

Front 79

EXECUTE

Back 79

To complete the legal requirements (such as signing before witnesses) that make a will valid. Also, to execute a judgment or decree means to put the final judgment of the court into effect.

Front 80

EXECUTOR

Back 80

A personal representative, named in a will, who administers an estate.

Front 81

EXHIBIT

Back 81

A document or other item introduced as evidence during a trial or hearing.

Front 82

EXHIBIT, PEOPLE'S

Back 82

Exhibit and/or evidence that is offered by the prosecution.

Front 83

EXONERATE

Back 83

Removal of a charge, responsibility or duty.

Front 84

EXPERT TESTIMONY

Back 84

Testimony given in relation to some scientific, technical, or professional matter by experts, i.e., person qualified to speak authoritatively by reason of their special training, skill, or familiarity with the subject.

Front 85

EXPUNGEMENT

Back 85

Official and formal erasure of a record or partial contents of a record.

Front 86

EXTENUATING CIRCUMSTANCES

Back 86

Circumstances which render a crime less aggravated, heinous, or reprehensible than it would otherwise be.

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EXTORTION

Back 87

The act of obtaining the property of another person through wrongful use of actual or threatened force, violence, or fear.

Front 88

EXTRADITION

Back 88

The process by which one state or country surrenders to another state, a person accused or convicted of a crime in the other state.

Front 89

EXTRAORDINARY WRIT

Back 89

A writ, often issued by an appellate court, making available remedies not regularly within the powers of lower courts. They include writs of habeas corpus, mandamus, prohibition and quo warranto.

Front 90

EYE WITNESS

Back 90

One who saw the act, fact, or transaction to which he or she testifies.