Glossary
This glossary may be used to find the definitions of many legal terms.
In many instances, there are synonyms and plain language options provided for the terms.
You may search within this glossary:
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Note that this glossary may not contain all legal terms.
| Term | Definition | Plain Language | Synonyms | Type | |
|---|---|---|---|---|---|
| Abstract of record | A complete history in short; abbreviated form of the case as found in the record. Short explanation of the details of a case. | General Terms, News Reporter Guide, Court Reporting | |||
| Acquit | To find a defendant not guilty in a criminal trial. | find not guilty | find not guilty, clear, absolve | General Terms, News Reporter Guide, Court Reporting | |
| Adversary system | The system of trial practice in the U.S. and some other countries in which each of the opposing, or adversary, parties has full opportunity to present and establish its opposing contentions before the court. Both the defense and prosecution get to present their sides. | General Terms, News Reporter Guide, Court Reporting | |||
| Affidavit | A voluntary declaration of facts written down and sworn to by the affiant before an officer authorized to administer oaths, such as a notary public. Usually in support of a motion or in response to a request of the court. | sworn statement | sworn statement | General Terms, Guardian and Conservator, Estates, News Reporter Guide, District Court Civil, County Court Civil, Court Reporting | |
| Affirm | 1. Declare solemnly and formally, but not under oath; A witness's solemn formal promise to tell the truth during the testimony. 2. The assertion of an appellate court that the judgment of lower court is correct and should stand. | swear | confirm, certify, swear, agree or declare to be factual/true, profess, state with conviction; uphold, approve, endorse, sustain, verify, agree | General Terms, News Reporter Guide, Court Reporting | |
| Allegation | The assertion, declaration or statement of a party to a lawsuit often made in a pleading or legal document, setting out what the party expects to prove at the trial. | charge, claim | accusation, claim | General Terms, News Reporter Guide, Court Reporting | |
| Amicus curiae | Someone that gives advice to the court about the law in a case, but isn't part of the case. Comes from the Latin for "friend of the court." | friend of the court | adviser to the court, friend in court | General Terms, News Reporter Guide, Court Reporting | |
| Answer | 1. A pleading by which defendant endeavors to resist the plaintiff's allegation of facts. 2. An official response to claims made in a lawsuit. | response | response | General Terms, News Reporter Guide, District Court Civil, County Court Civil | |
| Appeal | 1. A request to take a case to a higher court for review. 2. When someone that loses at least part of a case asks a higher court (called an "appellate court") to review the decision and say if it was right. | request review | question, contest | General Terms, News Reporter Guide, Court Reporting | |
| Appearance | 1. A scheduled time when parties in a case or their attorneys are formally heard in court. 2. The formal proceeding by which a defendant submits himself or herself to the jurisdiction of the court. | presence, showing up | General Terms, News Reporter Guide, Court Reporting | ||
| Appellant | The party appealing a decision or judgment to a higher court. | the person who files an appeal | petitioner, aggrieved party, appealer | General Terms, Domestic Relations, News Reporter Guide, District Court Civil, County Court Civil, Court Reporting | |
| Appellate jurisdiction | The power of a court to review a case that has already been tried by a lower court. | authority to review | authority to review | General Terms, News Reporter Guide, Court Reporting | |
| Appellee | The party against whom an appeal is taken. | other party in an appeal | defendant or respondent | General Terms, Domestic Relations, News Reporter Guide, District Court Civil, County Court Civil, Court Reporting | |
| Arbitration | A process by which a neutral third party with authority to render a binding or non- binding decision, assists two or more people to resolve a dispute or controversy. The hearing and settlement of a dispute between opposing parties by a third party whose decision the parties have agreed to accept. | Court Reporting, General Terms, News Reporter Guide, Office of Dispute Resolution | |||
| Arraignment | When a person that is accused of committing a crime is (a) taken to court, (b) told about the charges, and (c) asked to plead "guilty" or "not guilty". | indictment, charge, citation | General Terms, News Reporter Guide, Court Reporting | ||
| Arrest/custody | 1. To take into custody; to deprive a person of liberty by legal authority. 2. The legal capture of a person that is charged with a crime (temporary holding at scene of crime for questioning is not arrest). | capture | capture, detain, jail | General Terms, News Reporter Guide, Court Reporting | |
| Attachment | A remedy by which plaintiff is enabled to acquire a lien upon property or effects of defendant for satisfaction of judgment which plaintiff may obtain in the future. | lien | lien | General Terms, News Reporter Guide | |
| Attorney of record | The attorney whose name appears as counsel to a party in the permanent records or files in a case. | General Terms, News Reporter Guide | |||
| Attorney-at-law | A lawyer; one who is licensed to act as a representative for another in a legal matter or proceeding. | lawyer | lawyer | General Terms, News Reporter Guide | |
| Bail | 1. A security deposit (usually money) given to release a defendant from custody and to make sure that they go to court when they're supposed to. 2. To set at liberty a person arrested or imprisoned on security (or bail). 3. Technically, bail is the person who becomes surety for an accused person that they will appear in court. | guarantee | bond, pledge, guarantee | General Terms, News Reporter Guide, Court Reporting | |
| Bailiff | A court attendant whose duties are to keep order in the courtroom and to have custody of the jury. | General Terms, News Reporter Guide | |||
| Bar | Historically, the partition separating the general public from the space occupied by the judges, attorneys, jury, and others during a trial. More commonly, the whole body of lawyers qualified to practice in any jurisdiction. A "case at bar" is a case now under the court's consideration. | courtroom; lawyers, the legal profession | General Terms, News Reporter Guide | ||
| Bench | 1. The desk and chair (not an actual bench) where a judge sits in the courtroom. Sometimes bench means judge, for example, a bench trial, means a trial by a judge, without a jury. And to "approach the bench," means to move closer to the judge. 2. The seat occupied by the judge; more broadly, the court itself. | the judge | judge's desk in the courtroom | General Terms, News Reporter Guide | |
| Bench trial | Trial held before a judge sitting without a jury; jury waived trial. | non-jury trial | non-jury trial | General Terms, News Reporter Guide | |
| Bench warrant | An order given by the judge (or "bench") to arrest a person. | General Terms, News Reporter Guide, Court Reporting | |||
| Beneficiary | A person or organization with a right to receive benefits, for example from a will, life insurance policy, or public agency. | heir | heir, receiver | General Terms, Guardian and Conservator, Estates, News Reporter Guide, Court Reporting | |
| Bind over | 1. A judge's decision before a trial that says there is enough evidence for a trial. 2. To hold for trial. | hold for trial | hold for trial | General Terms, News Reporter Guide, Court Reporting | |
| Bond form | Signed by Defendant, promising to appear as scheduled; shows monetary amount or condition of pretrial release from custody. | Appearance Bond, promise to appear | General Terms, News Reporter Guide | ||
| Brief | A written document presented to the court by a lawyer usually setting forth both facts and law in support of his or her case. | General Terms, News Reporter Guide, Court Reporting | |||
| Burden of proof | In the law of evidence, the necessity or duty of affirmatively proving a fact or facts in dispute. Responsibility to prove the facts. | General Terms, News Reporter Guide, Court Reporting | |||
| Capital case | A criminal case in which death sentence may be imposed. | death penalty case | General Terms, News Reporter Guide, Court Reporting | ||
| Case | Any proceeding, action, cause, lawsuit or controversy initiated through the court system by filing a complaint, petition, indictment or information. | lawsuit, action | General Terms, News Reporter Guide, Court Reporting | ||
| Cause | A suit, litigation or action, civil or criminal. | legal action | lawsuit, legal action | General Terms, News Reporter Guide | |
| Cause of action | 1. Situation causing a lawsuit. 2. The rights which a party has to institute a judicial proceeding. | reason for lawsuit | reason for lawsuit | General Terms, News Reporter Guide, Court Reporting | |
| Certiorari (writ of) | To be informed of; writ from a higher to a lower court, ordering a transcript of proceedings for review; appellate court order (especially from the Supreme Court) granting a hearing to an appellate. If hearing is denied, the prior ruling stands; if hearing is granted, the lower court is ordered to provide a certified record for the appellate court to consider. | order for record | General Terms, News Reporter Guide, Court Reporting | ||
| Change of venue | When a civil or criminal case is moved from one court jurisdiction to another. Changing the location of a trial. Can be from one district to another district, or from one court to another in the same district. | move a trial | General Terms, News Reporter Guide, Court Reporting | ||
| Charge | Formal accusation of having committed a criminal offense. | indict | accuse, blame, indict | General Terms, News Reporter Guide | |
| Chief Justice | Presiding judge of the Supreme Court. | General Terms, News Reporter Guide, Court Reporting | |||
| Citation | Electronic or handwritten ticket generally issued by law enforcement officer. | ticket | ticket | General Terms, News Reporter Guide | |
| Citation to Discover Assets | Find information about a person's income, bank accounts, and property for collection. Order in Aid of Execution, Debtor's Exam. | Debtor's Exam | General Terms, News Reporter Guide | ||
| Civil action | 1. A legal proceeding in which one person (plaintiff) sues another (defendant) who has caused him injury or loss. The plaintiff seeks compensation from the defendant for his loss. 2. A lawsuit between or among private parties for declaration, enforcement or protection or a right, or for redress or prevention of a wrong. A lawsuit to get property back, to force someone to complete a contract, or to protect someone's civil rights. | civil case | lawsuit | General Terms, News Reporter Guide, Court Reporting | |
| Civil law | All law that is not criminal law. | General Terms, News Reporter Guide, Court Reporting | |||
| Claim | 1. A creditor's statement that s/he has a right to payment from a debtor or the debtor's property. 2. The assertion of a right to money or property. | request | request, declare | General Terms, News Reporter Guide, Court Reporting | |
| Clerk magistrate | County court official with some judicial responsibilities. | General Terms, News Reporter Guide, Court Reporting | |||
| Codicil | A supplement or an addition to a will. It is signed with the same formalities as a will. The codicil can be changed, revoked, cancelled, or destroyed at any time. | addition to a will | General Terms, Guardian and Conservator, Estates, News Reporter Guide, Court Reporting | ||
| Common law | 1. The law of a country based on custom, usage, and the decision of law courts. 2. Customary, old, or "judge-made" law, as opposed to statutory law. | General Terms, News Reporter Guide, Court Reporting | |||
| Commutation | The change of a punishment from a greater degree to a lesser degree, as from death to life imprisonment. | reduce a sentence | General Terms, News Reporter Guide | ||
| Comparative negligence | 1. A rule of law applied in negligence cases in which responsibility and damages are based on the proportional fault of each of the parties directly involved. 2. The doctrine by which acts of the opposing parties in a civil action are compared in the degrees of "slight," "ordinary, "and "gross" negligence. | General Terms, News Reporter Guide, Court Reporting | |||
| Complainant | The person or group who starts a case against another person. In a civil case, the complainant is the plaintiff. In a criminal case, the complainant is the state. | plaintiff | General Terms, News Reporter Guide, Court Reporting | ||
| Complaint | The first written statement in a lawsuit, in which the plaintiff's claims against the defendant are listed. Also called the "initial pleading" or "petition." A complaint is also used to start a criminal case. | statement of charges | accusations, grievance, first pleading | General Terms, News Reporter Guide, Court Reporting |