Complete Court Reporter's Handbook (fixed)

The body of the civil law is jus_.

Civile

The body of the common law or the common right is jus___.

Commune

The body of the divine law is expressed as jus_.

Divinum

Can an arraignment or sentence ever take place in a civil action? Why or why not?

No, an arraignment involves the bringing of a person before a court of law regarding a criminal transgression. The sentencing of an individual follows the finding of a defendant guilty of a crime.

The carrying out of threatened physical harm or violence is.

Assault and battery

A certain Judge insists that female court reporters wear black dresses in his courtroom. Is he violating their civil rights?

While no judge has the right to insist on what a person wears, the court reporter should respect the protocol of the court setting.

The legal rights a citizen possesses (such as the right to vote, the right to hold office, the right to own property, etc.) are called jus___.

Civitatis

A consideration that is dependent upon the death of a person is_.

causa mortis

Trial court, the court where a case is first heard and decided, before any appeals

Nisi prius

The court reporter provides a ________ record.

Verbatim

The Court's official decision concerning a legal proposition before it is a ________.

Judgment

A dead body may be referred to as the ______ _______ of a crime, as may other facts constituting the body of a crime.

Corpus delicti

A debatable or undecided question is ____. (Academic usage)

Moot

The defendant at a criminal jury trial suddenly becomes physically abusive. He breaks loose from the bailiff who was holding him and starts to charge toward you! What would you do in this situation?

This depends on the circumstances, but, of course, you would try to protect yourself from any physical harm.

A defendant who is released on his or her own ____________ is not required to raise bail money.

recognizance

The deposition you are reporting is running late; it's now 6:15 pm. You've been at the deposition all day. The lawyers are asking if everyone agrees to stay around another hour or two to complete the deposition. What would you say?

This would depend upon your physical stamina and whether or not you have important matters that require your attention such as family obligations. The lawyers should respect your ability to stay late and should inquire whether or not you are available to stay,. If they do not ask, you should raise the point.

During a jury trial the defendant who is testifying becomes very belligerent when accused of answering a question one way. He asks you as the court reporter to read back his answer to the question that was asked of him. What would you do in this situation?

It is not the function of the witness to request the court reporter to read back testimony. You should ignore the request of the defendant and wait for the judge to ask you to read back.

During a recess in a criminal trial you happen to overhear one of the witnesses for the prosecution discussing changing his or her story if the price is right. After the recess, when the witness resumes the stand, you notice a sudden change in his testimony. What would you do in this situation?

You must be very careful in situations like this as what you hear must be corroborated by other evidence. It would be good to seek the advice of a senior court reporter or a judge/lawyer you can confide in and ask for advice on how to proceed.

An exact reproduction or copy is a____.

Facsimile

An expression that means by the very act or fact, in and of itself, is___.

ipso facto

The freelance firm you work for seems to be sending you out on assignments less and less; it seems as though you are being passed over. Reporters who have been with the agency less time than you have are getting more assignments than you. What would you do?

It would be your responsibility to request a meeting with your employer and ask why you have been passed over for routine assignments. It may be a mistake or it may point out some dissatisfaction on the part of the employer. It is necessary that communication between the employer and employee be open and trustworthy.

A freely given declaration, signed by a maker, sworn to before a notary public is a (an).

affidavit

The Government may take a person's property for the good of the public after paying a fair price for the property by what is called _______ ______.

Eminent domain

A _______ holds property under a trust and administers the trust.

Trustee

How many grand jury members are necessary in order to make a quorum?

16. (To return an indictment, at least 12 members must vote in favor)

The Judge for whom you work asks you to change the record in a certain case and make his "overruled" a "sustained." How will you handle this situation?

Under no circumstances should a reporter ever change the record. You should refuse to make any changes and report the judge's request to his superior.

The Latin phrase for "in the same words" is written __ ____ _____.

in haec verba

The Latin phrase for under the covers or in secrecy is ___ ____.

sub rosa

A Latin term meaning "law" is ___.

lex

The law of nature is expressed in law as jus _______.

Naturae

The law of the property is jus ____________.

Proprietatis

The lawyers enter into a ___________ to exclude evidence of a defendant's prior crimes.

Stipulation

A legal document that orders a person to appear to give testimony at a deposition or trial is called a/an ________.

Subpoena

The legal principles governing the law of things are expressed as jus _____.

Rerum

Legal Terminology: Affidavit; affiant

An affidavit is a sworn written declaration that is voluntary, given by an affiant.

Legal Terminology: Appellant

An appellant is a person who takes an appeal from one court to another.

Legal Terminology: Arson

The felonious burning of property is arson.

Legal Terminology: Assault

A demonstration of an unlawful attempt by one person to inflict immediate injury on another is termed assault.

Legal Terminology: Assault and Battery

The unlawful touching of a person with the intent and purpose of actually doing physical injury, with a reasonable ability to carry the intention with execution, is assault and battery

Legal Terminology: Battery

Battery is the unlawful touching of another without their consent.

Legal Terminology: Bona fide

Bona fide denotes that an act was done without deceit or fraud or in good faith.

Legal Terminology: Causa mortis

The Latin phrase causa mortis means in contemplation of approaching death.

Legal Terminology: Chose in action

A chose in action is a thing to which one has a right but which one does not yet possess. It refers to a personal right to sue for a debt, damages, or recovery of property (intangible rights that can only be claimed by going to court)

Legal Terminology: Common-law marriage

A common-law marriage is one that has not been solemnized in the ordinary way. It is created by an agreement to marry followed by cohabitation.

Legal Terminology: Community Property

Property owned in common by husband and wife, each owing an undivided one-half interest, is community property.

Legal Terminology: Corporeal property

Corporeal property is property that is material or that has body or substance. Land is corporeal property; rent is incorporeal.

Legal Terminology: Corpus delicti

The basic facts that constitute an act of crime are called the corpus delicti.

Legal Terminology: Counsel

Another name for a lawyer or attorney, referring to someone who gives legal advice, is counsel.

Legal Terminology: Court of Record

Legal Terminology: A court of record is a tribunal, which regularly employs a court reporter.

Legal Terminology: Culpable

The word culpable means deserving censure or blame.

Legal Terminology: Curia

Curia means court. Lawsuits in curia are held in open court.

Legal Terminology: Decree

An order or sentence of a court of equity (fair and impartial) is called a decree.

Legal Terminology: Defendant

The defendant in a lawsuit is the person against whom the action is being brought.

Legal Terminology: Docket

A docket is a summary of legal acts and decisions by a court in a case. It also refers to the court's calendar of legal proceedings.

Legal Terminology: Eminent domain

The phrase eminent domain refers to the right of the State to appropriate private property for public use for the general welfare upon payment of just compensation to the owner of the property.

Legal Terminology: Evidence

Evidence consists of testimony and exhibits offered during a legal proceeding.

Legal Terminology: Ex parte

Ex parte means from one side only, or in the interest of one party only.

Legal Terminology: Facsimile

A facsimile is an exact copy or likeness. The abbreviated fax comes from the word facsimile.

Legal Terminology: Flotsam

In legal terminology, flotsam is wreckage of a ship or its cargo that is found floating on the sea. Jetsam refers to goods cast overboard to lighten a vessel in distress and that sink or remain in the water.

Legal Terminology: In Camera

When a legal proceeding or part of a trial is held in the Judge's chambers, it is referred to as in camera, which means "in chambers."

Legal Terminology: In personam

The Latin phrase in personam refers to a remedy where the proceedings are against a person, rather than against a thing.

Legal Terminology: Intestate

A person who dies intestate dies without making a will.

Legal Terminology: Ipso Facto

Ipso facto means by the act itself, unaided by any other act.

Legal Terminology: Judgment

A judgment refers to the application of the law to the facts and pleadings in a civil case.

Legal Terminology: Jurisdiction

Jurisdiction refers to the legal authority of a court. There are different types of jurisdiction including original and appellate as well as criminal and civil.

Legal Terminology: Jus ad rem

The right to a thing is expressed as jus ad rem.

Legal Terminology: Jus Civile

Jus civile means the body of the civil law.

Legal Terminology: Jus civitatis

The right of a citizenship is jus civitatis.

Legal Terminology: Jus commune

The body of the common law or the common right is jus commune.

Legal Terminology: Jus divinum

When we speak of the divine law, we say jus divinum.

Legal Terminology: Jus gentium

The law of nations is expressed as jus gentium.

Legal Terminology: Jus; jura

Jus (plural: jura) means the law, taken as a system, an aggregate, or a whole. It also means a right or power.

Legal Terminology: Jus naturae

A legal term for the law of nature is jus naturae.

Legal Terminology: Jus proprietatis

Jus proprietatis is an expression meaning the law of property.

Legal Terminology: Jus rerum

To refer to the law of things, attorneys say jus rerum.

Legal Terminology: Lex and Lexicon

The Latin word lex refers to a collection of written or unwritten laws. A lexicon is a book of laws.

Legal Terminology: Litigant

A litigant is a party to a lawsuit.

Legal Terminology: Litigation

Litigation is a judicial contest for the purpose of enforcing a right.

Legal Terminology: Magistrate

A magistrate is a lower judicial officer, such as a justice of the peace, a police judge, or referee.

Legal Terminology: Moot

A moot point is one not settled by judicial decision, and therefore undecided.

Legal Terminology: Nisi prius

A nisi prius court is a court of original jurisdiction, or a court of first instance.

Legal Terminology: Pendente lite

A Latin term meaning during litigation or pending the suit is pendente lite.

Legal Terminology: Plaintiff

The person who begins a lawsuit is the plaintiff.

Legal Terminology: Pleadings

The pleadings in a case are the legal documents that contain the formal assertions setting forth the claims and defenses of the parties to a lawsuit.

Legal Terminology: Quorum

A quorum refers to the number of members of any organized body that are required to make decisions, conduct business, or otherwise act in any legal capacity.

Legal Terminology: Recognizance

To release a defendant on his or her own recognizance is to have the accused go free, but he or she must return to court at the appointed time.

Legal Terminology: Respondent or Appellee

The party against whom an appeal is filed is known as the respondent or appellee.

Legal Terminology: Sine die

Sine die is a Latin term meaning without day; without assignment of a date for a further hearing.

Legal Terminology: Stare decisis

Stare decisis is a Latin term that means to abide by already settled cases.

Legal Terminology: Status quo

Status quo means the same condition that existed at any specified time.

Legal Terminology: Stipulation

A stipulation is an agreement between opposing counsel in a pending legal action.

Legal Terminology: Subpoena

A written legal order directing a person to appear at a deposition or trial to give testimony is a subpoena.

Legal Terminology: Subpoena duces tecum

A subpoena duces tecum requires a person served to bring personally tangible items as evidence at a trial or deposition.

Legal Terminology: Sub rosa

Sub rosa means in strictest confidence; in secret; not for publication.

Legal Terminology: Summons

A summons is an official writ containing an order for a defendant to appear in court.

Legal Terminology: Supra

The Latin word supra means the above-mentioned or in addition to. It is used to indicate the same citation previously referred to.

Legal Terminology: Testimony

Evidence given under oath or affirmation by a competent witness is called testimony.

Legal Terminology: Transcript

Legal Terminology: A transcript is an official printed copy of the original court or legal proceedings.

Legal Terminology: Trustee

A person appointed or required by law to execute a trust is a trustee.

Legal Terminology: Venue

Venue refers to the place in which a case is to be tried; that is, its geographical location.