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148 Cards in this Set
- Front
- Back
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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.
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Acquittal –
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A judge in the full-time service of the court. Compare to senior judge.
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Active Judge –
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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.
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Administrative Office of the United States Courts (AO) –
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A term used to describe evidence that may be considered by a jury or judge in civil and criminal cases.
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Admissible –
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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
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Adversary proceeding –
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A written or printed statement made under oath.
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Affidavit –
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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.
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Affirmed –
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A procedure for settling a dispute outside the courtroom. Most forms of ADR are not binding on the parties, and involve referral of the case to a neutral party such as an arbitrator or mediator.
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Alternative Dispute Resolution (ADR) –
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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.
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Amicus Curiae –
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The formal written statement by a defendant in a civil case that responds to a complaint, articulating the grounds for defense.
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Answer –
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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."
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Appeal –
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The party who appeals a district court's decision, usually seeking reversal of that decision.
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Appellant –
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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.
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Appellate –
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The party who opposes an appellant's appeal, and who seeks to persuade the appeals court to affirm the district court's decision.
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Appellee –
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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.
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Arraignment –
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A federal judge who is appointed for life, during "good behavior," under Article III of the Constitution. Article III judges are nominated by the President and confirmed by the Senate.
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Article III Judge –
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Property of all kinds, including real and personal, tangible and intangible.
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Assets –
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An agreement to continue performing duties under a contract or lease.
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Assume –
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A trial without a jury, in which the judge serves as the fact-finder.
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Bench Trial –
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A written statement submitted in a trial or appellate proceeding that explains one side's legal and factual arguments.
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Brief –
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The duty to prove disputed facts. In civil cases, a plaintiff generally has the burden of proving his or her case. In criminal cases, the government has the burden of proving the defendant's guilt.
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Burden of Proof –
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A crime punishable by death.
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Capital offense –
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A complete collection of every document filed in court in a case.
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Case File –
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The law as established in previous court decisions. A synonym for legal precedent. Akin to common law, which springs from tradition and judicial decisions.
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Case Law –
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The number of cases handled by a judge or a court.
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Caseload –
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A legal claim.
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Cause of Action –
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The offices of a judge and his or her staff.
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Chambers –
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The judge who has primary responsibility for the administration of a court; chief judges are determined by seniority.
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Chief judge –
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A creditor's assertion of a right to payment from a debtor or the debtor's property.
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Claim –
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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.
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Class Action –
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The court officer who oversees administrative functions, especially managing the flow of cases through the court. The clerk's office is often called a court's central nervous system.
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Clerk of Court –
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The legal system that originated in England and is now in use in the United States that relies on the articulation of legal principles in a historical succession of judicial decisions. Common law principles can be changed by legislation.
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Common law –
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A written statement that begins a civil lawsuit, in which the plaintiff details the claims against the defendant.
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Complaint –
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Approval of a plan of reorganization by a bankruptcy judge.
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Confirmation –
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An agreement between two or more persons that creates an obligation to do or not to do a particular thing.
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Contract –
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A judgment of guilt against a criminal defendant.
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Conviction –
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Legal advice; a term also used to refer to the lawyers in a case.
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Counsel –
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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 briefs."
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Court –
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A person who makes a word-for-word record of what is said in court, generally by using a stenographic machine, shorthand or audio recording, and then produces a transcript of the proceedings upon request.
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Court reporter –
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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. Each allegation is referred to as a count.
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Count –
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Money that a defendant pays a plaintiff in a civil case if the plaintiff has won. Damages may be compensatory (for loss or injury) or punitive (to punish and deter future misconduct).
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Damages –
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A judge's statement about someone's rights. For example, a plaintiff may seek a declaratory judgment that a particular statute, as written, violates some constitutional right.
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Declaratory Judgment –
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Latin, meaning "in fact" or "actually." Something that exists in fact but not as a matter of law.
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De Facto –
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A judgment awarding a plaintiff the relief sought in the complaint because the defendant has failed to appear in court or otherwise respond to the complaint.
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Default Judgment –
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In a civil case, the person or organization against whom the plaintiff brings suit; in a criminal case, the person accused of the crime.
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Defendant –
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Latin, meaning "in law." Something that exists by operation of law.
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De Jure –
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Latin, meaning "anew." A trial de novo is a completely new trial. Appellate review de novo implies no deference to the trial judge's ruling.
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De Novo –
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An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
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Deposition –
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Procedures used to obtain disclosure of evidence before trial.
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Discovery –
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Court action that prevents an identical lawsuit from being filed later.
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Dismissal with Prejudice –
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Court action that allows the later filing.
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Dismissal without Prejudice –
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A log containing the complete history of each case in the form of brief chronological entries summarizing the court proceedings.
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Docket –
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In criminal law, the constitutional guarantee that a defendant will receive a fair and impartial trial. In civil law, the legal rights of someone who confronts an adverse action threatening liberty or property.
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Due Process –
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French, meaning "on the bench." All judges of an appellate court sitting together to hear a case, as opposed to the routine disposition by panels of three judges. In the Ninth Circuit, an en banc panel consists of the chief judge and 14 other, randomly selected, judges.
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En Banc –
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Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. A separate court of "equity" could order someone to do something or to cease to do something. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases.
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Equitable –
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Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case in favor of one side or the other.
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Evidence –
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Evidence indicating that a defendant did not commit the crime.
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Exculpatory Evidence –
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A proceeding brought before a court by one party only, without notice to or challenge by the other side.
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Ex Parte –
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An attorney employed by the federal courts on a full-time basis to provide legal defense to defendants who are unable to afford counsel. The judiciary administers the federal defender program pursuant to the Criminal Justice Act.
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Federal public defender –
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As provided for in the Criminal Justice Act, an organization established within a federal judicial circuit to represent criminal defendants who cannot afford an adequate defense. Each organization is supervised by a federal public defender appointed by the court of appeals for the circuit.
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Federal Public Defender Organization –
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Jurisdiction given to federal courts in cases involving the interpretation and application of the U.S. Constitution, acts of Congress, and treaties.
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Federal question jurisdiction –
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A serious crime, usually punishable by at least one year in prison.
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Felony –
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To place a paper in the official custody of the clerk of court to enter into the files or records of a case.
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File –
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A body of 16-23 citizens who listen to evidence of criminal allegations, which is presented by the prosecutors, and determine whether there is probable cause to believe an individual committed an offense.
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Grand Jury –
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Evidence presented by a witness who did not see or hear the incident in question but heard about it from someone else. With some exceptions, hearsay generally is not admissible as evidence at trial.
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Hearsay –
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1. The process of calling a witness's testimony into doubt. For example, if the attorney can show that the witness may have fabricated portions of his testimony, the witness is said to be "impeached;"
2. The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government, who are then tried by the Senate |
Impeachment –
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Latin, meaning in a judge's chambers. Often means outside the presence of a jury and the public. In private.
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In Camera –
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Evidence indicating that a defendant did commit the crime.
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Inculpatory Evidence –
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The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
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Indictment –
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A formal accusation by a government attorney that the defendant committed a misdemeanor.
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Information –
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A court order preventing one or more named parties from taking some action. A preliminary injunction often is issued to allow fact-finding, so a judge can determine whether a permanent injunction is justified.
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Injunction –
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A form of discovery consisting of written questions to be answered in writing and under oath.
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Interrogatories –
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1. The disputed point between parties in a lawsuit; 2. To send out officially, as in a court issuing an order.
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Issue –
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A court-approved mechanism under which two or more cases can be administered together. (Assuming no conflicts of interest, these separate businesses or individuals can pool their resources; hire the same professionals, etc.)
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Joint administration –
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An official of the judicial branch with authority to decide lawsuits brought before courts. Used generically, the term judge may also refer to all judicial officers, including Supreme Court justices.
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Judge –
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The position of judge. By statute, Congress authorizes the number of judgeships for each district and appellate court.
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Judgeship –
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The official decision of a court finally resolving the dispute between the parties to the lawsuit.
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Judgment –
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The policy-making entity for the federal court system. A 27-judge body whose presiding officer is the Chief Justice of the United States.
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Judicial Conference of the United States –
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The legal authority of a court to hear and decide a certain type of case. It also is used as a synonym for venue, meaning the geographic area over which the court has territorial jurisdiction to decide cases.
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Jurisdiction –
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The study of law and the structure of the legal system.
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Jurisprudence –
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The group of persons selected to hear the evidence in a trial and render a verdict on matters of fact.
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Jury –
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A judge's directions to the jury before it begins deliberations regarding the factual questions it must answer and the legal rules that it must apply.
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Jury instructions –
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A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty which resulted in harm to the plaintiff.
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Lawsuit –
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A charge on specific property that is designed to secure payment of a debt or performance of an obligation. A debtor may still be responsible for a lien after a discharge.
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Lien –
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A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
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Litigation –
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A judicial officer of a district court, who conducts initial proceedings in criminal cases, decides criminal misdemeanor cases, conducts many pretrial civil and criminal matters on behalf of district judges, and decides civil cases with the consent of the parties.
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Magistrate judge –
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Special condition the court imposes to require an individual to undergo evaluation and treatment for a mental disorder. Treatment may include psychiatric, psychological, and sex offense-specific evaluations, inpatient or outpatient counseling, and medication.
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Mental Health Treatment –
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An offense punishable by one year of imprisonment or less.
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Misdemeanor –
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An invalid trial, caused by fundamental error. When a mistrial is declared, the trial must start again with the selection of a new jury.
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Mistrial –
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Not subject to a court ruling because the controversy has not actually arisen, or has ended.
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Moot –
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A request by a litigant to a judge for a decision on an issue relating to the case.
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Motion –
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A pretrial motion requesting the court to prohibit the other side from presenting, or even referring to, evidence on matters said to be so highly prejudicial that no steps taken by the judge can prevent the jury from being unduly influenced.
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Motion in Limine –
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No contest. A plea of nolo contendere has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
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Nolo contendere –
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A judge's written explanation of the decision of the court. Only the majority opinion can serve as binding precedent in future cases.
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Opinion –
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An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
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Oral argument –
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1. In appellate cases, a group of judges (usually three) assigned to decide the case; 2. In the jury selection process, the group of potential jurors; 3. The list of attorneys who are both available and qualified to serve as court-appointed counsel for criminal defendants who cannot afford their own counsel.
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Panel –
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Latin, meaning "for the court." In appellate courts, often refers to an unsigned opinion.
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Per Curiam –
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A district court may grant each side in a civil or criminal trial the right to exclude a certain number of prospective jurors without cause or giving a reason.
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Peremptory Challenge –
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A group of citizens who hear the evidence presented by both sides at trial and determine the facts in dispute. Federal criminal juries consist of 12 persons. Federal civil juries consist of at least six persons.
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Petit Jury (or trial jury) –
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The document that initiates the filing of a bankruptcy proceeding, setting forth basic information regarding the debtor, including name, address, chapter under which the case is filed, and estimated amount of assets and liabilities.
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Petition –
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A federal misdemeanor punishable by six months or less in prison.
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Petty offense –
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A person or business that files a formal complaint with the court.
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Plaintiff –
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In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges.
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Plea –
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Written statements filed with the court which describe a party's legal or factual assertions about the case.
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Pleadings –
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A court decision in an earlier case with facts and legal issues similar to a dispute currently before a court. Judges will generally "follow precedent" — meaning that they use the principles established in earlier cases to decide new cases that have similar facts and raise similar legal issues. A judge will disregard precedent if a party can show that the earlier case was wrongly decided, or that it differed in some significant way from the current case.
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Precedent –
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A meeting of the judge and lawyers to plan the trial, to discuss which matters should be presented to the jury, to review proposed evidence and witnesses, and to set a trial schedule. Typically, the judge and the parties also discuss the possibility of settlement of the case.
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Pretrial conference –
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A function of the federal courts that takes place at the very start of the criminal justice process–after a person has been arrested and charged with a federal crime and before he or she goes to trial. Pretrial services officers focus on investigating the backgrounds of these persons to help the court determine whether to release or detain them while they await trial. The decision is based on whether these individuals are likely to flee or pose a threat to the community. If the court orders release, a pretrial services officer supervises the person in the community until he or she returns to court.
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Pretrial services –
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The rules for conducting a lawsuit; there are rules of civil procedure, criminal procedure, evidence, bankruptcy, and appellate procedure.
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Procedure –
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A slang expression sometimes used to refer to a pro se litigant. It is a corruption of the Latin phrase "in propria persona."
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Pro per –
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Representing oneself. Serving as one's own lawyer.
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Pro Se –
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To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
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Prosecute –
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Temporary.
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Pro Tem –
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A written account of the proceedings in a case, including all pleadings, evidence, and exhibits submitted in the course of the case.
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Record –
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Send back.
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Remand –
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The act of a court setting aside the decision of a lower court. A reversal is often accompanied by a remand to the lower court for further proceedings.
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Reverse –
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A penalty or other type of enforcement used to bring about compliance with the law or with rules and regulations.
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Sanction –
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A federal judge who, after attaining the requisite age and length of judicial experience, takes senior status, thus creating a vacancy among a court's active judges. A senior judge retains the judicial office and may cut back his or her workload by as much as 75 percent, but many opt to keep a larger caseload.
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Senior Judge –
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The punishment ordered by a court for a defendant convicted of a crime.
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Sentence –
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A set of rules and principles established by the United States Sentencing Commission that trial judges use to determine the sentence for a convicted defendant.
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Sentencing guidelines –
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The delivery of writs or summonses to the appropriate party.
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Service of process –
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Parties to a lawsuit resolve their dispute without having a trial. Settlements often involve the payment of compensation by one party in at least partial satisfaction of the other party's claims, but usually do not include the admission of fault.
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Settlement –
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To separate. Sometimes juries are sequestered from outside influences during their deliberations.
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Sequester –
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A declaration made by a chapter 7 debtor concerning plans for dealing with consumer debts that are secured by property of the estate.
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Statement of intention –
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Degree of proof required. In criminal cases, prosecutors must prove a defendant's guilt "beyond a reasonable doubt." The majority of civil lawsuits require proof "by a preponderance of the evidence" (50 percent plus), but in some the standard is higher and requires "clear and convincing" proof.
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Standard of Proof –
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A law passed by a legislature.
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Statute –
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The time within which a lawsuit must be filed or a criminal prosecution begun. The deadline can vary, depending on the type of civil case or the crime charged.
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Statute of Limitations –
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Latin, meaning "of its own will." Often refers to a court taking an action in a case without being asked to do so by either side.
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Sua Sponte –
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The act or process by which a person's rights or claims are ranked below those of others.
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Subordination –
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A command, issued under a court's authority, to a witness to appear and give testimony.
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Subpoena –
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A command to a witness to appear and produce documents.
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Subpoena duces tecum –
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A decision made on the basis of statements and evidence presented for the record without a trial. It is used when it is not necessary to resolve any factual disputes in the case. Summary judgment is granted when — on the undisputed facts in the record — one party is entitled to judgment as a matter of law.
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Summary judgment –
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Akin to a preliminary injunction, it is a judge's short-term order forbidding certain actions until a full hearing can be conducted. Often referred to as a TRO.
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Temporary restraining order –
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Evidence presented orally by witnesses during trials or before grand juries.
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Testimony –
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See statute of limitations
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Toll –
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A civil, not criminal, wrong. A negligent or intentional injury against a person or property, with the exception of breach of contract.
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Tort –
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A written, word-for-word record of what was said, either in a proceeding such as a trial, or during some other formal conversation, such as a hearing or oral deposition.
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Transcript –
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The most widely used test for evaluating undue hardship in the dischargeability of a student loan includes three conditions: (1) the debtor cannot maintain––based on current income and expenses––a minimal standard of living if forced to repay the loans; (2) there are indications that the state of affairs is likely to persist for a significant portion of the repayment period; and (3) the debtor made good faith efforts to repay the loans.
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Undue hardship––
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A lawyer appointed by the President in each judicial district to prosecute and defend cases for the federal government. The U.S. Attorney employs a staff of Assistant U.S. Attorneys who appear as the government's attorneys in individual cases.
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U.S. attorney –
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An officer of the U.S. Department of Justice responsible for supervising the administration of bankruptcy cases, estates, and trustees; monitoring plans and disclosure statements; monitoring creditors' committees; monitoring fee applications; and performing other statutory duties.
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U.S. trustee –
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The appellate court agrees with the lower court decision and allows it to stand.
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Uphold –
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The geographic area in which a court has jurisdiction. A change of venue is a change or transfer of a case from one judicial district to another.
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Venue –
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The decision of a trial jury or a judge that determines the guilt or innocence of a criminal defendant, or that determines the final outcome of a civil case.
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Verdict –
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Jury selection process of questioning prospective jurors, to ascertain their qualifications and determine any basis for challenge.
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Voir Dire –
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A transfer of a debtor's property with the debtor's consent.
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Voluntary transfer –
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Court authorization, most often for law enforcement officers, to conduct a search or make an arrest.
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Warrant –
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A person called upon by either side in a lawsuit to give testimony before the court or jury.
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Witness –
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A written court order directing a person to take, or refrain from taking, a certain act.
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Writ –
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An order issued by the U.S. Supreme Court directing the lower court to transmit records for a case which it will hear on appeal.
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Writ of certiorari –
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