Glossary Of Commonly Used Court & Justice System Terminology (Set 2)

Front 1

CALENDAR

Back 1

List of cases scheduled for hearing in court.

Front 2

CALLING THE DOCKET

Back 2

The public calling of the docket or list of causes at commencement of term of court, for setting a time for trial or entering orders.

Front 3

CAPITAL CASE

Back 3

A criminal case in which the allowable punishment includes death.

Front 4

CAPITAL CRIME

Back 4

A crime punishable by death

Front 5

CAPITAL PUNISHMENT

Back 5

Punishment by death for capital crimes. Death penalty

Front 6

CAPTION

Back 6

The heading on a legal document listing the parties, the court, the case number, and related information.

Front 7

CASE

Back 7

A general term for an action, cause, suit, or controversy brought before the court for resolution.

Front 8

CASE LAW

Back 8

Law established by previous decisions of appellate courts, particularly the Supreme Court.

Front 9

CASE NUMBER

Back 9

See DOCKET NUMBER.

Front 10

CAUSATION

Back 10

The act which produces an effect.

Front 11

CAUSE

Back 11

A lawsuit, litigation, or action. Any question, civil or criminal, litigated or contested before a court of justice.

Front 12

CAUSE OF ACTION

Back 12

The facts that give rise to a lawsuit or a legal claim.

Front 13

CHARGE TO THE JURY

Back 13

The judge's instructions to the jury concerning the law that applies to the facts of the case on trial.

Front 14

CHARGING DOCUMENT

Back 14

A written accusation alleging a defendant has committed an offense. Includes a citation, an indictment, information, and statement of charges.

Front 15

CHIEF JUDGE

Back 15

Presiding or Administrative Judge in a court.

Front 16

CHILD ABUSE

Back 16

Any form of cruelty to a child's physical, moral, or mental well-being.

Front 17

CHILD MOLESTATION

Back 17

Any form of indecent or sexual activity on, involving, or surrounding a child under the state's designated age.

Front 18

CHILD SUPPORT

Back 18

The legal obligation of parents to contribute to the economic maintenance, including education, of their children. Money paid by one parent to another toward the expenses of the children of the marriage.

Front 19

CIRCUMSTANTIAL EVIDENCE

Back 19

All evidence except eyewitness testimony. One example is physical evidence, such as fingerprints, from which an inference can be drawn.

Front 20

CITATION

Back 20

A reference to a source of legal authority. A direction to appear in court, as when a defendant is cited into court, rather than arrested.

Front 21

CIVIL ACTION

Back 21

Noncriminal case in which one private individual or business sues another to protect, enforce, or redress private or civil rights.

Front 22

CIVIL CASE

Back 22

A lawsuit brought to enforce, redress, or protect private rights or to gain payment for a wrong done to a person or party by another person or party. In general, all types of actions other than criminal proceedings.

Front 23

CIVIL PROCEDURE

Back 23

The rules and process by which a civil case is tried and appealed, including the preparations for trial, the rules of evidence and trial conduct, and the procedure for pursuing appeals.

Front 24

CLAIM

Back 24

The assertion of a right to money or property.

Front 25

CLASS ACTION

Back 25

A lawsuit brought by one or more persons on behalf of a larger group.

Front 26

CLEAR AND CONVINCING EVIDENCE

Back 26

Standard of proof commonly used in civil lawsuits and in regulatory agency cases. It governs the amount of proof that must be offered in order for the plaintiff to win the case.

Front 27

CLEMENCY OR EXECUTIVE CLEMENCY

Back 27

Act of grace or mercy by the president or governor to ease the consequences of a criminal act, accusation, or conviction. It may take the form of commutation or pardon.

Front 28

CLERK

Back 28

Officer of the court who files pleadings, motions, judgments, etc., issues process, and keeps records of court proceedings.

Front 29

CLOSING ARGUMENT

Back 29

The closing statement, by counsel, to the trier of facts after all parties have concluded their presentation of evidence.

Front 30

CODE

Back 30

A collection, compendium, or revision of laws, rules, and regulations enacted by legislative authority.

Front 31

CODE OF CRIMINAL PROCEDURE

Back 31

Body of federal or state law dealing with procedural aspects of trial for criminal cases.

Front 32

CEASE AND DESIST ORDER

Back 32

An order of an administrative agency or court prohibiting a person or business from continuing a particular course of conduct.

Front 33

CERTIFICATION

Back 33

1. Written attestation. 2. Authorized declaration verifying that an instrument is a true and correct copy of the original.

Front 34

CERTIFIED

Back 34

Attested as being true or an exact reproduction.

Front 35

CHAIN OF CUSTODY

Back 35

An accounting for the whereabouts of the tangible evidence from the moment it is received in custody until it is offered in evidence in court.

Front 36

CHALLENGE

Back 36

An objection, such as when an attorney objects at a hearing to the seating of a particular person on a civil or criminal jury.

Front 37

CHALLENGE FOR CAUSE

Back 37

Objection to the seating of a particular juror for a stated reason (usually bias or prejudice for or against one of the parties in the lawsuit). The judge has the discretion to deny the challenge. This differs from peremptory challenge.

Front 38

CHALLENGE TO THE ARRAY

Back 38

Questioning the qualifications of an entire jury panel, usually on the ground of partiality or some fault in the process of summoning the panel.

Front 39

CHAMBERS

Back 39

A judge's private office. A hearing in chambers takes place in the judge's office outside of the presence of the jury and the public.

Front 40

CHANGE OF VENUE

Back 40

Moving a lawsuit or criminal trial to another place for trial.

Front 41

CHARACTER EVIDENCE

Back 41

The testimony of witnesses who know the general character and reputation of a person in the community in which he or she lives. It may be considered by the jury in a dual respect: 1) as substantive evidence upon the theory that a person of good character and reputation is less likely to commit a crime than one who does not have a good character and reputation, and 2) as corroborative evidence in support of a witness's testimony as bearing upon credibility.

Front 42

CHARGE

Back 42

A formal allegation, as a preliminary step in prosecution, that a person has committed a specific offense, which is recorded in a complaint, information or indictment. To charge; To accuse. See INSTRUCTIONS.

Front 43

CHARGE TO THE JURY

Back 43

The judge's instructions to the jury concerning the law that applies to the facts of the case on trial.

Front 44

CHARGING DOCUMENT

Back 44

A written accusation alleging a defendant has committed an offense. Includes a citation, an indictment, information, and statement of charges.

Front 45

CHIEF JUDGE

Back 45

Presiding or Administrative Judge in a court.

Front 46

CHILD ABUSE

Back 46

Any form of cruelty to a child's physical, moral, or mental well-being.

Front 47

CHILD MOLESTATION

Back 47

Any form of indecent or sexual activity on, involving, or surrounding a child under the state's designated age.

Front 48

CHILD SUPPORT

Back 48

The legal obligation of parents to contribute to the economic maintenance, including education, of their children. Money paid by one parent to another toward the expenses of the children of the marriage.

Front 49

CIRCUMSTANTIAL EVIDENCE

Back 49

All evidence except eyewitness testimony. One example is physical evidence, such as fingerprints, from which an inference can be drawn.

Front 50

CITATION

Back 50

A reference to a source of legal authority. A direction to appear in court, as when a defendant is cited into court, rather than arrested.

Front 51

CIVIL ACTION

Back 51

Noncriminal case in which one private individual or business sues another to protect, enforce, or redress private or civil rights.

Front 52

CIVIL CASE

Back 52

A lawsuit brought to enforce, redress, or protect private rights or to gain payment for a wrong done to a person or party by another person or party. In general, all types of actions other than criminal proceedings.

Front 53

CIVIL PROCEDURE

Back 53

The rules and process by which a civil case is tried and appealed, including the preparations for trial, the rules of evidence and trial conduct, and the procedure for pursuing appeals.

Front 54

CLAIM

Back 54

The assertion of a right to money or property.

Front 55

CLASS ACTION

Back 55

A lawsuit brought by one or more persons on behalf of a larger group.

Front 56

CLEAR AND CONVINCING EVIDENCE

Back 56

Standard of proof commonly used in civil lawsuits and in regulatory agency cases. It governs the amount of proof that must be offered in order for the plaintiff to win the case.

Front 57

CLEMENCY OR EXECUTIVE CLEMENCY

Back 57

Act of grace or mercy by the president or governor to ease the consequences of a criminal act, accusation, or conviction. It may take the form of commutation or pardon.

Front 58

CLERK

Back 58

Officer of the court who files pleadings, motions, judgments, etc., issues process, and keeps records of court proceedings.

Front 59

CLOSING ARGUMENT

Back 59

The closing statement, by counsel, to the trier of facts after all parties have concluded their presentation of evidence.

Front 60

CODE

Back 60

A collection, compendium, or revision of laws, rules, and regulations enacted by legislative authority.

Front 61

CODE OF CRIMINAL PROCEDURE

Back 61

Body of federal or state law dealing with procedural aspects of trial for criminal cases.

Front 62

CODE OF FEDERAL REGULATIONS

Back 62

The CFR is the annual listing of executive agency regulations published in the daily Federal Register, and the regulations issued previously which are still in effect. The CFR contains regulatory laws governing practice and procedure before federal administrative agencies.

Front 63

CODE OF PROFESSIONAL RESPONSIBILITY

Back 63

The rules of conduct that govern the legal profession. The Code contains general ethical guidelines and specific rules written by the American Bar Association.

Front 64

CODICIL (kod'i-sil)

Back 64

An amendment to a will.

Front 65

COLLATERAL

Back 65

1. Property that is pledged as security against a debt. 2. A person belonging to the same ancestral stock (a relation), but not in a direct line of descent.

Front 66

COLLATERAL ATTACK

Back 66

An attack on a judgment other than a direct appeal to a higher court.

Front 67

COMMISSIONER

Back 67

A person who directs a commission; a member of a commission. The officer in charge of a department or bureau of a public service.

Front 68

COMMIT

Back 68

1. To execute, perpetrate, or carry out an act. To commit a crime. 2. To send a person to prison, asylum, or reformatory by a court order.

Front 69

COMMITMENT

Back 69

1. The action of sending a person to a penal or mental institution. 2. The order directing an officer to take a person to a penal or mental institution.

Front 70

COMMITMENT ORDER

Back 70

A court order directing that an individual be kept in custody, usually in a penal or mental facility.

Front 71

COMMON LAW

Back 71

The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.

Front 72

COMMUNITY PROPERTY

Back 72

Property owned in common by husband and wife each having an undivided one-half interest by reason of their marital status. For example, the earnings of one spouse during the marriage do not belong solely to that spouse; the earnings are community property.

Front 73

COMMUTATION

Back 73

The reduction of a sentence, such as from death to life imprisonment.

Front 74

COMPARATIVE NEGLIGENCE

Back 74

A legal doctrine by which acts of the opposing parties are compared to determine the liability of each party to the other, making each liable only for his or her percentage of fault. See also CONTRIBUTORY NEGLIGENCE.

Front 75

COMPETENCY

Back 75

Mental capacity of a person, especially with regard to his or her ability to stand trial and to assist counsel in his or her defense.

Front 76

COMPLAINANT

Back 76

The party who complains or sues; one who applies to the court for legal redress. Also called the plaintiff.

Front 77

COMPLAINT

Back 77

The legal document that usually begins a civil lawsuit. It states the facts and identifies the action the court is asked to take. 2. Formal written charge that a person has committed a criminal offense.

Front 78

COMPLY

Back 78

To act in accordance with, to accept, to obey.

Front 79

COMPOSITE DRAWING

Back 79

A picture of an alleged criminal created by a professional police artist using verbal descriptions given by the victim or a witness.

Front 80

CONCILIATION

Back 80

A form of alternative dispute resolution in which the parties bring their dispute to a neutral third party, who helps lower tensions, improve communications, and explore possible solutions. Conciliation is similar to mediation, but it may be less formal.

Front 81

CONCURRENT JURISDICTION

Back 81

The jurisdiction of two or more courts, each authorized to deal with the same subject matter.

Front 82

CONCURRENT SENTENCES

Back 82

Sentences for more than one crime that are to be served at the same time, rather than one after the other. See also CUMULATIVE SENTENCES.

Front 83

CONDEMNATION

Back 83

The legal process by which the government takes private land for public use, paying the owners a fair price. See EMINENT DOMAIN.

Front 84

CONDITIONAL RELEASE

Back 84

A release from custody which imposes regulations on the activities and associations of the defendant. If a defendant fails to meet the conditions, the release is revoked.

Front 85

CONFESSION

Back 85

Voluntary statement made by one who is a defendant in a criminal trial, which, if true, discloses his or her guilt.

Front 86

CONFISCATE

Back 86

To seize or take private property for public use (the police confiscated the weapon).

Front 87

CONFLICT OF INTEREST

Back 87

1. A real or seeming incompatibility between one's private interests and one's public or fiduciary duties. 2. A real or seeming incompatibility between the interests of two of a lawyer's clients, such that the lawyer is disqualified from representing both clients if the dual representation adversely affects either client or if the clients do not consent.

Front 88

CONSECUTIVE SENTENCES

Back 88

Successive sentences, one beginning at the expiration of another, imposed against a person convicted of two or more violations.

Front 89

CONSERVATORSHIP

Back 89

Legal right given to a person to manage the property and financial affairs of a person deemed incapable of doing that for himself or herself. (Conservators have somewhat less responsibility than guardians. See also guardianship.)

Front 90

CONSIDERATION

Back 90

The cause, price, or impelling influence which induces a party to enter into a contract.

Front 91

CONSPIRACY

Back 91

An agreement by two or more persons to commit an unlawful act; in criminal law, conspiracy is a separate offense from the crime that is the object of the conspiracy.

Front 92

CONSTITUTIONAL RIGHT

Back 92

A right guaranteed by the U. S. Constitution, interpreted by the federal courts; also, a right guaranteed by some other constitution (such as a state constitution).

Front 93

CONTEMPT OF COURT

Back 93

The finding of the court that an act was committed with the intent of embarrassing the court, disobeying its lawful orders, or obstructing the administration of justice in some way.

Front 94

CONTINUANCE

Back 94

The adjournment or postponement of a session, hearing, trial, or other proceeding until a future date.

Front 95

CONTRACT

Back 95

A legally enforceable agreement between two or more competent parties made either orally or in writing.

Front 96

CONTRIBUTORY NEGLIGENCE

Back 96

A legal doctrine that says if the plaintiff in a civil action for negligence also was negligent, he or she cannot recover damages from the defendant for the defendant's negligence. Most jurisdictions have abandoned the doctrine of contributory negligence in favor of comparative negligence.

Front 97

CONTROLLED SUBSTANCE

Back 97

Any of the drugs whose production and use are regulated by law, including narcotics, stimulants, and hallucinogens.

Front 98

CONVICT

Back 98

1. A person who has been found guilty of a crime and is serving a sentence for that crime; a prison inmate. 2. To find a person guilty of an offense by either a trial or a plea of guilty.

Front 99

CONVICTION

Back 99

A judgment of guilty following a verdict or finding of guilty, a plea of guilty, or a plea of nolo contendere.

Front 100

CORONER

Back 100

Public official charged with duty to make inquiry into the causes and circumstances of any death which occurs through violence or suddenly, with marks of suspicion.

Front 101

CORROBORATE

Back 101

To support with evidence or authority; make more certain.

Front 102

CORROBORATING EVIDENCE

Back 102

Supplementary evidence that tends to strengthen or confirm the initial evidence.

Front 103

CORROBORATION

Back 103

Confirmation or support of a witness' statement or other fact.

Front 104

COSTS

Back 104

An allowance for expenses in prosecuting or defending a suit. Ordinarily this does not include attorney fees.

Front 105

COUNSEL

Back 105

A legal representative, attorney, lawyer.

Front 106

COUNSEL TABLE

Back 106

The physical location where the defense and prosecuting parties are seated throughout the duration of the trial.

Front 107

COUNT

Back 107

Each of the allegations of an offense listed in a charging document.

Front 108

COUNTERCLAIM

Back 108

A claim presented by a defendant in a civil lawsuit against the plaintiff. In essence, a counter lawsuit within a lawsuit.

Front 109

COUNTERFEIT

Back 109

To forge, to copy or imitate, without authority or right, and with the purpose to deceive or defraud, by passing off the copy as genuine.

Front 110

COUNTY JAIL

Back 110

A building or structure used to house alleged criminals and/or convicted criminals of local area crimes.

Front 111

COURT

Back 111

1. A unit of the judiciary authorized to decide disputed matters of fact, cases or controversies. 2. Figuratively, the judge or judicial officer. Judges sometimes use "court" to refer to themselves in the third person, as in "the court has read the briefs."

Front 112

COURT ADMINISTRATOR/CLERK OF COURT

Back 112

An officer appointed by the Court or elected to oversee the administrative, non-judicial activities of the court.

Front 113

COURT APPOINTED COUNSEL

Back 113

A defense attorney designated by the court to represent a defendant who does not have the funds to retain an attorney.

Front 114

COURT COSTS

Back 114

The expenses of prosecuting or defending a lawsuit, other than the attorneys' fees. An amount of money may be awarded to the successful party (and may be recoverable from the losing party) as reimbursement for court costs.

Front 115

COURT OF RECORD

Back 115

A court in which the proceedings are recorded, transcribed, and maintained as permanent records.

Front 116

COURT ORDER

Back 116

A written direction or command delivered by a court or judge.

Front 117

COURT REPORTER

Back 117

A person who makes a word-for-word record of what is said in court and produces a transcript of the proceedings upon request.

Front 118

COURT, APPEALS

Back 118

In some states, the highest appellate court, where it is the Court's discretion whether to hear the case on appeal.

Front 119

COURT, DISTRICT

Back 119

1. Federal: A trial court with general Federal jurisdiction. 2. State: Meaning varies from state to state.

Front 120

COURT, JUVENILE

Back 120

A court having jurisdiction over cases involving children under a specified age, usually 18. Cases generally involve delinquent, dependent, and neglected children.

Front 121

COURT, MUNICIPAL

Back 121

A court having jurisdiction (usually civil and criminal) over cases arising within the city or community in which it sits.

Front 122

COURT, NIGHT

Back 122

A specialized court that deals with cases during the late evening and early morning hours.

Front 123

COURT, SUPERIOR

Back 123

Meaning varies from state to state.

Front 124

COURT, TRAFFIC

Back 124

A specialized court that hears crimes dealing with traffic offenses.

Front 125

COURTROOM

Back 125

The section of a courthouse in which the judge presides over the proceedings.

Front 126

CREDIBILITY

Back 126

The quality in a witness which makes his or her testimony believable.

Front 127

CRIME

Back 127

1. An act of omission or commission in violation of law which carries criminal consequences. 2. Criminal activity in general relating to a specific time or place.

Front 128

CRIMINAL

Back 128

1. One who has been convicted of a criminal offense. 2. That which is connected with the law of crimes; That which has the character of a crime (criminal justice; criminal intent).

Front 129

CRIMINAL CASE

Back 129

A case brought by the government against a person accused of committing a crime.

Front 130

CRIMINAL RECORD

Back 130

1. Arrest record. A written account listing all the instances in which a person has been arrested. 2. A form completed by a police officer when a person is arrested.

Front 131

CRIMINAL SUMMONS

Back 131

An order commanding an accused to appear in court.

Front 132

CROSS-CLAIM

Back 132

A claim by codefendant or co-plaintiffs against each other and not against persons on the opposite side of the lawsuit.

Front 133

CROSS-EXAMINATION

Back 133

The questioning of a witness produced by the other side.

Front 134

CUMULATIVE SENTENCES

Back 134

Sentences for two or more crimes to run consecutively, rather than concurrently.

Front 135

CUSTODY

Back 135

1. The care and control of a thing or person for inspection, preservation, or security. 2. The care, control, and maintenance of a child awarded by a court to one of the parents in a divorce or separation proceeding. 3. The detention of a person by virtue of lawful process or authority.