Glossary
Affidavit - A written or printed declaration or statement under oath.
Burden of proof - Measure of proof required to prove a fact. Obligation of a party to probe facts at issue in the trial of a case.
Case - Any proceeding, action, cause, lawsuit or controversy initiated through the court system by filing a complaint, petition, indictment or information.
Burden of proof - Measure of proof required to prove a fact. Obligation of a party to probe facts at issue in the trial of a case.
Citation - Summons to appear in court. 2. Reference to authorities in support of a legal argument.
Civil Law - All law that is not criminal law. Usually pertains to the settlement of disputes between individuals, organizations or groups and having to do with the establishment, recovery or redress of private and civil rights.
Criminal Law - Body of law pertaining to crimes against the state or conduct detrimental to society as a whole. Violation of criminal statues which are punishable by law.
Damages - Compensation recovered in the courts by a person who has suffered loss, detriment or injury to his/her person, property or rights, through the unlawful act or negligence of another.
Defendant - 1 (criminal) Person charged with a crime. 2. (civil) Person against whom a civil action is brought.
Defense Attorney - 1 (criminal) Person charged with a crime. 2. (civil) Person against whom a civil action is brought.
Evidence - Any form of proof legally presented at a trial through witnesses, records, documents, etc.
Exception - A formal objection of an action of the court, during the trial of a case, in refusing a request or overruling an objection; implying that the party excepting does not acquiesce in the decision of the court and will seek to obtain its reversal.
Expert evidence - Testimony given by those qualified to speak with authority regarding scientific, technical or professional matters.
Felony - A crime of grave nature than a misdemeanor.
Fraud - An intentional perversion of truth; deceitful practice or device resorted to with intent to deprive another of property or other right or in some manner do him/her injury.
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.
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, you must prove that your lawyer's actions were negligent.
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.
