Legal Terms Defined
-
Acquittal: What an accused criminal defendant receives if he/she is found not guilty. It is a verdict (a judgment in a criminal case) of not guilty.
-
Affidavit: Any written document in which the signer swears under oath before a notary public or someone authorized to take oaths (like a county clerk), that the statements in the document are true.
- Felony: A crime sufficiently serious to be punishable by death or a term in state or federal prison, as distinguished from a misdemeanor which is only punishable by confinement to county or local jail and/or a fine.
- Liability: Legal responsibility for one’s acts or omissions.
- Memorandum: An informal writing. A brief writing to preserve a thing or an event against loss of memory in respect thereof. A writing used by a witness to assist and refresh his/her memory while on the witness stand.
- Misdemeanor: A lessor crime punishable by a fine and/or county jail time for up to one year. They are tried in the lowest local court such as municipal, police, or justice courts.
- Motion: A request that a judge make a ruling or takes some other action. Motions are either granted or denied by a judge.
- Notice: Information, usually in writing in all legal proceedings, of all documents filed, decisions, request, motions, petitions, and upcoming dates.
- Order: A written command or direction given by a judge.
- Petition: A written request to the court that it take a particular action.
- Plaintiff: A person who brings a lawsuit against another person.
- Pleading: The initial case documents filed with the court, for example, the complaint and answer, or the petition and response.
- Presentence Investigation (PSI): The investigation into the history of a person convicted of a crime before sentencing to determine if there are extenuating circumstances which should ameliorate the sentence or a history of criminal behavior to increase the harshness of the sentence.
- Response: A court paper that directly answers the points raised by the other side’s pleading.
- Retainer Agreement: The employment of a lawyer by a client; the specific agreement between a lawyer and the client; the first payment by a client to a lawyer either for one specific case or so the lawyer will be available for unspecified future cases.
- Summons: A document issued by the court at the time a lawsuit is filed, stating the name of both the plaintiff and defendant, the title and file number of the case, the court and its address, the name and address of the plaintiff’s attorney, and instructions as to the need to file a response to the complaint within a certain time (such as 30 days after service), usually with a form on the back on which information of service of summons and complaint is to be filled out and signed by the process server.
- Testimony: Oral evidence given under oath by a witness in answer to questions posed by attorneys at trial or at a deposition.
- Voir Dire: From French meaning “to see to speak,” the questioning of prospective jurors by a judge and attorneys in court. Voir Dire is used to determine if any juror is biased and/or cannot deal with the issues fairly, or if there is cause not to allow a juror to serve.
- Warrant: An order of a court which directs a law enforcement officer to arrest and bring a person before the judge, such as a person who is charged with a crime, convicted of a crime but failed to appear for sentencing, owes a fine or is in contempt of court.
- Witness: A person who testifies under oath in a trial (or a deposition which may be used in a trial if the witness is not available) with first-hand or expert evidence useful in a lawsuit.
For easy to read, user friendly resources for addititonal legal terms, go to:
*More Information Coming Soon*
|
