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Glossary - continued
• Hearing - An in-court proceeding before a judge, generally open to the public.
• Hearsay - Evidence based on what the witness has heard someone else say, rather than what the witness has personally experienced or observed.
• Hung Jury - A jury whose members cannot agree on a verdict.
• Judgment - Final determination by a court of the rights and claims of the parties in an action.
• Lay advocate - a paralegal who specializes in representing persons in administrative hearings.
• Magistrate - Court official with limited authority.
• Malpractice - Professional misconduct or unreasonable lack of skill. A claim of malpractice must prove two things. One, you must prove that you could have won your case were it not for your lawyer's negligence. And, secondly, y ou m ust prove that your lawyer's actions were negligent.
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• Misdemeanor - Criminal offenses less than felonies; generally those punishable by fine or imprisonment of less than 90 days in a local facility. A gross misdemeanor is a criminal offense for which an adult could be sent to jail for up to one year, pay a fine up to $5,000 or both.
• Oath - Written or oral pledge by a person to keep a promise or speak the truth.
• Objection - Statement by an attorney taking exception to testimony or the attempted admission of evidence and opposing its consideration as evidence.
• Petition - Written application to a court requesting a remedy available under law.
• Petition for review - A document filed in the state Supreme Court asking for a review of a decision made by the Court of Appeals.
• Perjury - Making intentionally false statements under oath. Perjury is a criminal offense.
• Plaintiff - The party who begins an action; the party who complains or sues in an action and is named as such in the court's records. Also called a petitioner.
• Plea - A defendant's official statement of "guilty" or "not guilty" to the charge(s) made against him.
• Respondent - 1. Party against whom an appeal is brought in an appellate court the prevailing party in the trial court case. 2. A juvenile offender.
• Restitution - Act of giving the equivalent for any loss, damage of injury.
• Settlement - 1. Conclusion of a legal matter. 2. Compromise agreement by opposing parties in a civil suit before judgment is made, eliminating the need for the judge to resolve the controversy.
• Settlement conference - A meeting between parties of a lawsuit, their counsel and a judge to attempt a resolution of the dispute without trial.
• Statute - A law created by the Legislature.
• Statute of limitations - Law that specifies the time within which parties must take judicial action to enforce their rights.
• Subpoena duces tecum - "Under penalty you shall take it with you." A process by which the court commands a witness to produce specific documents or records in a trial.
• Testimony - Any statement made by a witness under oath in a legal proceeding.
• Tort - An injury or wrong committed, with or without force, to the person or property of another, which gives rise to a claim for damages.
• Venue - The specific county, city or geographical area in which a court has jurisdiction.
• Verdict - Formal decision made by a judge or jury (trier of facts).
• Voir dire - (pronounced "vwar-deer") - "To speak the truth." The process of preliminary examination of prospective jurors, by the court or attorneys, regarding their qualifications.
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