Common Legal Terms

In any criminal case, there are legal terms used. Here are the definitions of those most common terms used in a criminal case.

acquittal
Judgment that a criminal defendant has not been proved guilty beyond a reasonable doubt. In other words, a verdict of "not guilty."

affidavit
A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.

affirmed
In the practice of the court of appeals, it means that the court of appeals has concluded that the lower court decision is correct and will stand as rendered by the lower court.

appeal
A request made after a trial by a party that has lost on one or more issues that a higher court (appellate court) review the trial court's 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."

appellate
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.

arraignment
A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.

bail
Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his appearance on the day and time set by the court.

bench trial
Trial without a jury in which a judge decides which party prevails.

brief
A written statement submitted by each party in a case that explains why the court should decide the case, or particular issues in a case, in that party's favor.

chambers
A judge's office, typically including work space for the judge's law clerks and secretary.

capital offense
A crime punishable by death.

case law
The law as reflected in the written decisions of the courts.

chief judge
The judge who has primary responsibility for the administration of a court;
chief judges are determined by seniority.

clerk of court
An officer appointed by the judges of the court to assist in managing the flow of cases through the court, maintain court records, handle financial matters, and provide other administrative support to the court.
common law
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.

complaint
A written statement filed by the plaintiff that initiates a civil case, stating the wrongs allegedly committed by the defendant and requesting relief from the court.

conviction
A judgment of guilt against a criminal defendant.

counsel
Legal advice; a term also used to refer to the lawyers in a case.

court
Government entity authorized to resolve legal disputes. Judges sometimes use "court" to refer to themselves in the third person, as in "the court has read the briefs."

court reporter
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.

defendant
In a criminal case, the person accused of the crime.

deposition
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. See discovery.

discovery
The process by which lawyers learn about their opponent's case in preparation for trial. Typical tools of discovery include depositions, interrogatories, requests for admissions, and requests for documents. All of these devices help the lawyer learn the relevant facts and collect and examine any relevant documents or other materials.

docket
A log containing the complete history of each case in the form of brief chronological entries summarizing the court proceedings.

evidence
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.

public defender
An attorney employed by the courts on a full-time basis to provide legal defense to defendants who are unable to afford counsel.

felony
A serious crime carrying a penalty of more than a year in prison. See also misdemeanor.

file
To place a paper in the official custody of the clerk of court to enter into the files or records of a case.

grand jury
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. See also indictment and U.S. attorney.

habeas corpus
A writ (court order) that is usually used to bring a prisoner before the court to determine the legality of his or her imprisonment. Someone imprisoned in state court proceedings can file a petition in federal court for a "writ of habeas corpus," seeking to have the federal court review whether the state has violated his or her rights under the U.S. constitution. Federal prisoners can file habeas petitions as well. A writ of habeas corpus may also be used to bring a person in custody before the court to give testimony or to be prosecuted.

hearsay
Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.

impeachment
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.

indictment
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. See also information.

information
A formal accusation by a government attorney that the defendant committed a misdemeanor. See also indictment.

injunction
A court order prohibiting a defendant from performing a specific act, or compelling a defendant to perform a specific act.

judge
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.

judgment
The official decision of a court finally resolving the dispute between the
parties to the lawsuit.

jurisdiction
The legal authority of a court to hear and decide a case; 2. The geographic area over which the court has authority to decide cases.

jury
The group of persons selected to hear the evidence in a trial and render a verdict on matters of fact. See also grand jury.

jury instructions
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.

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

lawsuit
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.

litigation
A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.

magistrate judge
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.

misdemeanor
An offense punishable by one year of imprisonment or less. See also felony.

mistrial
An invalid trial, caused by fundamental error. When a mistrial is declared, the trial must start again with the selection of a new jury.

motion
A request by a litigant to a judge for a decision on an issue relating to the case.

nolo contendere
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.

opinion
A judge's written explanation of the decision of the court. Because a case may be heard by three or more judges in the court of appeals, the opinion in appellate decisions can take several forms. If all the judges completely agree on the result, one judge will write the opinion for all. If all the judges do not agree, the formal decision will be based upon the view of the majority, and one member of the majority will write the opinion. The judges who did not agree with the majority may write separately in dissenting or concurring opinions to present their views. A dissenting opinion disagrees with the majority opinion because of the reasoning and/or the principles of law the majority used to decide the case. A concurring opinion agrees with the decision of the majority opinion, but offers further comment or clarification or even an entirely different reason for reaching the same result. Only the majority opinion can serve as binding precedent in future cases. See also precedent.

oral argument
An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.

panel
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.

plaintiff
The person who files the complaint in a civil lawsuit.

plea
In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges. See also nolo contendere.

pleadings
Written statements filed with the court which describe a party's legal or factual assertions about the case.

precedent
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.

procedure
The rules for conducting a lawsuit; there are rules of civil procedure, criminal procedure, evidence, bankruptcy, and appellate procedure.

Pre-sentence report
A report prepared by a court's probation officer, after a person has been convicted of an offense, summarizing for the court the background information needed to determine the appropriate sentence.

pretrial conference
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.

pretrial services
A department of the district court that conducts an investigation of a criminal defendant's background in order to help a judge decide whether to release the defendant into the community before trial.

probation
A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision of a probation officer, who makes certain that the defendant follows certain rules (e.g., gets a job, gets drug counseling, etc.); A department of the court that prepares a pre-sentence report.

probation officer
Officers of the probation office of a court. Probation officer duties include conducting presentence investigations, preparing presentence reports on convicted defendants, and supervising released defendants.

pro se
A Latin term meaning "on one's own behalf"; in courts, it refers to persons who present their own cases without lawyers.

prosecute
To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.

record
A written account of the proceedings in a case, including all pleadings, evidence, and exhibits submitted in the course of the case.

remand
The act of an appellate court sending a case to a lower court for further
proceedings.

reverse
The act of an appellate court setting aside the decision of a trial court. A reversal is often accompanied by a remand to the lower court for further proceedings.

sentence
The punishment ordered by a court for a defendant convicted of a crime.

sentencing guidelines
A set of rules and principles established by the states or the United States Sentencing Commission that trial judges use to determine the sentence for a convicted defendant.

service of process
The delivery of writs or summonses to the appropriate party.

sequester
To separate. Sometimes juries are sequestered from outside influences during their deliberations.

statute
A law passed by a legislature.

statute of limitations
A law that sets the deadline by which parties must file suit to enforce their rights. For example, if a state has a five year statute of limitations for breaches of contract, and John breached a contract with Susan on January 1, 1995, Susan must file her lawsuit by January 1, 2000. If the deadline passes, the "statute of limitations has run" and the party may be prohibited from bringing a lawsuit; i.e. the claim is "time-barred." Sometimes a party's attempt to assert his or her rights will "toll" the statute of limitations, giving the party additional time to file suit.

subpoena
A command, issued under authority of a court or other authorized government entity, to a witness to appear and give testimony.

subpoena duces tecum
A command to a witness to appear and produce documents.

summary judgment
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.

temporary restraining order
Prohibits a person from taking an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held. Sometimes referred to as a ”T.R.O.“

testimony
Evidence presented orally by witnesses during trials or before grand juries.

tort
A civil wrong or breach of a duty to another person. The "victim" of a tort may be entitled to sue for the harm suffered. Victims of crimes may also sue in tort for the wrongs done to them. Most tort cases are handled in state court, except when the tort occurs on federal property (e.g., a military base), when the government is the defendant, or when there is diversity of citizenship between the parties.

transcript
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.

uphold
The appellate court agrees with the lower court decision and allows it to stand. See affirmed.

U.S. Attorney
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.

venue
The geographical location in which a case is tried.

verdict
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.

voir dire
The process by which judges and lawyers select a trial jury from among those eligible to serve, by questioning them to make certain that they would fairly decide the case. "Voir dire" is a phrase meaning "to speak the truth."

warrant
A written order authorizing official action by law enforcement officials, usually directing them to arrest the individual named in the warrant. A search warrant orders that a specific location be searched for items, which if found, can be used in court as evidence.

witness
A person called upon by either side in a lawsuit to give testimony before the court or jury.

writ
A formal written command or order, issued by the court, requiring the performance of a specific act.

writ of certiorari
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.