Glossary Of Commonly Used Court & Justice System Terminology (Set 5)

Front 1

JAIL

Back 1

A place of confinement that is more than a police station and less than a prison. It is usually used to hold persons convicted of misdemeanors or persons awaiting trial.

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JEOPARDY

Back 2

The peril in which an accused is placed when he is properly charged with a crime before a court. Jeopardy normally attaches when the petit jury is impaneled. After such time, the accused may not be released and tried at a later date for the same offense. Subject to exception. See DOUBLE JEOPARDY.

Front 3

JOIN

Back 3

To unite, to combine, to enter into an alliance.

Front 4

JOINT AND SEVERAL LIABILITY

Back 4

A legal doctrine that makes each of the parties who are responsible for an injury liable for all the damages awarded in a lawsuit if the other parties responsible cannot pay.

Front 5

JOINT TENANCY

Back 5

A form of legal co-ownership of property (also known as survivorship). At the death of one co-owner, the surviving co-owner becomes sole owner of the property. Tenancy by the entirety is a special form of joint tenancybetween a husband and wife.

Front 6

JOINT VENTURE

Back 6

An association of persons jointly undertaking some commercial enterprise. Unlike a partnership, a joint venture does not entail a continuing relationship among the parties.

Front 7

JOYRIDING

Back 7

The illegal taking of an automobile without intent to deprive the owner permanently of the vehicle, often involving reckless driving.

Front 8

JUDGE

Back 8

An elected or appointed public official with authority to hear and decide cases in a court of law.

Front 9

JUDGMENT (JUDGMENT)

Back 9

The final decision of the court, resolving the dispute; an opinion; an award.

Front 10

JUDICIAL NOTICE

Back 10

A court's recognition of the truth of basic facts without formal evidence.

Front 11

JUDICIAL REVIEW

Back 11

The authority of a court to review the official actions of other branches of government. Also, the authority to declare unconstitutional the actions of other branches.

Front 12

JURISDICTION

Back 12

1. The legal authority of a court to hear and decide a case. 2. The geographic area over which the courthas authority to decide cases.

Front 13

JURISPRUDENCE

Back 13

The study of law and the structure of the legal system.

Front 14

JUROR

Back 14

Member of the jury.

Front 15

JUROR, ALTERNATE

Back 15

Additional juror impaneled in case of sickness or disability of another juror.

Front 16

JURY

Back 16

A body of persons temporarily selected from the citizens of a particular district sworn to listen to the evidence in a trial and declare a verdict on matters of fact.

Front 17

JURY BOX

Back 17

The specific place in the courtroom where the jury sits during the trial.

Front 18

JURY COMMISSIONER

Back 18

The court officer responsible for choosing the panel of persons to serve as potential jurors for a particular court term.

Front 19

JURY FOREMAN

Back 19

The juror who chairs the jury during deliberations and speaks for the jury in court when announcing the verdict.

Front 20

JURY TRIAL

Back 20

Trial in which a jury decides issues of fact as opposed to trial only before a judge.

Front 21

JURY, HUNG

Back 21

A jury which is unable to agree on a verdict after a suitable period of deliberation.

Front 22

JUSTICIABLE

Back 22

Issues and claims capable of being properly examined in court.

Front 23

JUVENILE

Back 23

A young person who has not yet attained the age at which he or she should be treated as an adult for purposes of criminal law and other legal matters.

Front 24

JUVENILE HALL

Back 24

The facility where juvenile offenders are held in custody.

Front 25

JUVENILE WAIVER

Back 25

A procedure by which a charge(s) against a minor is transferred from a juvenile to circuit court.

Front 26

KIDNAPPING

Back 26

The taking or detaining of a person against his or her will and without lawful authority.

Front 27

KNOWINGLY

Back 27

With knowledge, willfully or intentionally with respect to a material element of an offense.

Front 28

LARCENY

Back 28

Stealing or theft.

Front 29

LAW

Back 29

The combination of those rules and principles of conduct promulgated by legislative authority, derived from court decisions, and established by local custom.

Front 30

LAW CLERKS

Back 30

Persons trained in the law who assist judges in researching legal opinions.

Front 31

LAWSUIT

Back 31

An action between two or more persons in the courts of law, not a criminal matter.

Front 32

LAY PERSON

Back 32

One not trained in law.

Front 33

LEADING QUESTION

Back 33

One which instructs the witness how to answer or puts words in his mouth to be echoed back. One which suggests to the witness the answer desired.

Front 34

LEASE

Back 34

A contract by which owner of property grants to another the right to possess, use, and enjoy it for a specified period of time in exchange for payment of an agreed price (rent).

Front 35

LEGAL AID

Back 35

Professional legal services available usually to persons or organizations unable to afford such services.

Front 36

LENIENCY

Back 36

Recommendation for a sentence less than the maximum allowed.

Front 37

LESSER INCLUDED OFFENSE

Back 37

A crime composed of some, but not all, of the elements of a greater crime; commission of the greater crime automatically includes commission of the lesser included offense.

Front 38

LETTERS OF ADMINISTRATION

Back 38

Legal document issued by a court that shows an administrator's legal right to take control of assets in the deceased person's name.

Front 39

LETTERS TESTAMENTARY

Back 39

Legal document issued by a court that shows an executor's legal right to take control of assets in the deceased person's name.

Front 40

LEVY

Back 40

A seizure; the obtaining of money by legal process through seizure and sale of property.

Front 41

LEWD CONDUCT

Back 41

Behavior that is obscene, lustful, indecent, vulgar.

Front 42

LIABILITY

Back 42

Legal debts and obligations.

Front 43

LIABLE

Back 43

Legally responsible.

Front 44

LIBEL

Back 44

Published words or pictures that falsely and maliciously harm the reputation of a person. See DEFAMATION.

Front 45

LIE DETECTOR

Back 45

A machine which records by a needle on a graph varying emotional disturbances when answering questions truly or falsely, as indicated by fluctuations in blood pressure, respiration, or perspiration.

Front 46

LIEN

Back 46

A legal claim against another person's property as security for a debt. A lien does not convey ownership of the property, but gives the lien holder a right to have his or her debt satisfied out of the proceeds of the property if the debt is not otherwise paid.

Front 47

LIFE IMPRISONMENT

Back 47

A type of sentence where the convicted criminal is ordered to spend the rest of his or her life in prison.

Front 48

LIMITED JURISDICTION

Back 48

Refers to courts that are limited in the types of criminal and civil cases they may hear. For example, traffic violations generally are heard by limited jurisdiction courts.

Front 49

LINEUP

Back 49

A police identification procedure by which the suspect to a crime is exhibited, along with others, before the victim or witness to determine if the victim or witness can identify the suspect as the person who committed the crime.

Front 50

LITIGANT

Back 50

A party to a lawsuit. Litigation refers to a case, controversy, or lawsuit.

Front 51

LITIGATION

Back 51

A lawsuit.

Front 52

LIVING TRUST

Back 52

A trust set up and in effect during the lifetime of the grantor. Also called inter vivos trust.

Front 53

LOITERING

Back 53

To stand idly around, particularly in a public place.

Front 54

LYNCHING

Back 54

Putting a person to death, usually by hanging, without legal authority.

Front 55

MAGISTRATE

Back 55

Judicial officer exercising some of the functions of a judge. It also refers in a general way to a judge.

Front 56

MALFEASANCE

Back 56

Evil doing, ill conduct; the commission of some act which is positively prohibited by law.

Front 57

MALICE

Back 57

Ill will, hatred, or hostility by one person toward another which may prompt the intentional doing of a wrongful act without legal justification or excuse.

Front 58

MALICIOUS MISCHIEF

Back 58

Willful destruction of property, from actual ill will or resentment toward its owner or possessor.

Front 59

MALICIOUS PROSECUTION

Back 59

An action instituted with intention of injuring the defendant and without probable cause, and which terminates in favor of the person prosecuted.

Front 60

MALPRACTICE

Back 60

Violation of a professional duty to act with reasonable care and in good faith without fraud or collusion. This term is usually applied to such conduct by doctors, lawyers, or accountants.

Front 61

MANDATE

Back 61

A judicial command or order proceeding from a court or judicial officer, directing the proper officer to enforce a judgment, sentence, or decree.

Front 62

MANSLAUGHTER, INVOLUNTARY

Back 62

Unlawful killing of another, without malice, when the death is caused by some other unlawful act not usually expected to result in great bodily harm.

Front 63

MANSLAUGHTER, VOLUNTARY

Back 63

Unlawful killing of another, without malice, when the act is committed with a sudden extreme emotional impulse.

Front 64

MATERIAL EVIDENCE

Back 64

That quality of evidence which tends to influence the trier of fact because of its logical connection with the issue.

Front 65

MATERIAL WITNESS

Back 65

In criminal trial, a witness whose testimony is crucial to either the defense or prosecution.

Front 66

MAYHEM

Back 66

A malicious injury which disables or disfigures another.

Front 67

MEDIATION

Back 67

A form of alternative dispute resolution in which the parties bring their dispute to a neutral third party, who helps them agree on a settlement.

Front 68

MENTAL HEALTH

Back 68

The wellness of a person's state of mind.

Front 69

MERITS

Back 69

Strict legal rights of the parties; a decision "on the merits" is one that reaches the right(s) of a party, as distinguished from disposition of a case on a ground not reaching the right(s) raised in an action; for example, entry of nolle prosequi before a criminal trial begins is a disposition other than on the merits, allowing trial on those charges at a later time without double jeopardy attaching; similarly, dismissal of a civil action on a preliminary motion raising a technicality, such as improper service of process, does not result in res judicata of an issue.

Front 70

MIRANDA RIGHTS

Back 70

Requirement that police tell a suspect in their custody of his or her constitutional rights before they question him or her: specifically, the right to remain silent; that any statement made may be used against him or her; the right to an attorney; and if the person cannot afford an attorney, one will be appointed if he or she desires.

Front 71

MIRANDA WARNING

Back 71

See MIRANDA RIGHTS.

Front 72

MISDEMEANOR

Back 72

A lesser offense than a felony and generally punishable by fine or limited jail time, but not in a penitentiary.

Front 73

MISTRIAL

Back 73

An invalid trial caused by some legal error. When a judge declares a mistrial, the trial must start again from the beginning, including the selection of a new jury.

Front 74

MITIGATING CIRCUMSTANCES

Back 74

Those which do not constitute a justification or excuse for an offense but which may be considered as reasons for reducing the degree of blame.

Front 75

MITIGATING FACTORS

Back 75

Facts that do not constitute a justification or excuse for an offense but which may be considered as reasons for reducing the degree of blame.

Front 76

MODIFICATION

Back 76

A change, alteration, or amendment which introduces new elements into the details, or cancels some of them, but leaves the general purpose and effect of the subject-matter intact.

Front 77

MOOT

Back 77

A moot case or a moot point is one not subject to a judicial determination because it involves an abstract question or a pretended controversy that has not yet actually arisen or has already passed. Mootness usually refers to a court's refusal to consider a case because the issue involved has been resolved prior to the court's decision, leaving nothing that would be affected by the court's decision.

Front 78

MORAL TURPITUDE

Back 78

Immorality. An element of crimes inherently bad, as opposed to crimes bad merely because they are forbidden by statute.

Front 79

MOTION

Back 79

Oral or written request made by a party to an action before, during, or after a trial asking the judge to issue a ruling or order in that party's favor.

Front 80

MOTION DENIED

Back 80

Ruling or order issued by the judge denying the party's request.

Front 81

MOTION GRANTED

Back 81

Ruling or order issued by the judge granting the party's request.

Front 82

MUGSHOT

Back 82

Pictures taken after a suspect is taken into custody (booked), usually used as an official photograph by police officers.

Front 83

MULTIPLICITY OF ACTIONS

Back 83

Numerous and unnecessary attempts to litigate the same issue.

Front 84

MURDER

Back 84

The unlawful killing of a human being with deliberate intent to kill.

Front 85

NEGLIGENCE

Back 85

Failure to exercise the degree of care that a reasonable person would use under the same circumstances.

Front 86

NEXT FRIEND

Back 86

One acting without formal appointment as guardian for the benefit of an infant, a person of unsound mind not judicially declared incompetent, or other person under some disability.

Front 87

NO BILL

Back 87

This phrase, endorsed by a grand jury on the written indictment submitted to it for its approval, means that the evidence was found insufficient to indict.

Front 88

NO-CONTEST CLAUSE

Back 88

Language in a will that provides that a person who makes a legal challenge to the will's validity will be disinherited.

Front 89

NO-FAULT PROCEEDINGS

Back 89

A civil case in which parties may resolve their dispute without a formal finding of error or fault.

Front 90

NOMINAL PARTY

Back 90

One who is joined as a party or defendant merely because the technical rules of pleading require his presence in the record.

Front 91

NON-CAPITAL CASE

Back 91

A criminal case in which the allowable penalty does not include death.

Front 92

NOT GUILTY

Back 92

The form of verdict in criminal cases where the jury acquits the defendant, finds him or her not guilty.

Front 93

NOT GUILTY BY REASON OF INSANITY

Back 93

The jury or the judge must determine that the defendant, because of mental disease or defect, could not form the intent required to commit the offense.

Front 94

NOTICE

Back 94

Formal notification to the party that has been sued in a civil case of the fact that the lawsuit has been filed. Also, any form of notification of a legal proceeding.

Front 95

NOTICE TO PRODUCE

Back 95

In practice, a notice in writing requiring the opposite party to produce a certain described paper or document at the trial, or in the course of pre-trial discovery.

Front 96

NULL AND VOID

Back 96

Having no force, legal power to bind, or validity.

Front 97

NUNCUPATIVE WILL

Back 97

An oral (unwritten) will