Legal Court Terms and Procedures: Definitions for Law StudentsLatest updated version with expert curated questions and answers (GUARANTEED SUCCESS)

Appellate brief

A written argument submitted to an appeals court explaining why a lower court's decision should be upheld or reversed.

Attorney general

The chief legal officer of a state or the federal government.

Attorney-client privilege

Legal protection that keeps communications between a lawyer and client confidential.

Challenge for cause

Removal of a juror because they show bias or cannot be impartial.

Commissioner

A judicial officer who handles minor cases, arraignments, and administrative duties.

Contempt of court

Disobeying or disrespecting the court, resulting in penalties.

Court of general jurisdiction

A court that can hear a wide variety of criminal and civil cases.

Court of last resort

The highest court in a state or country (e.g., state supreme court, U.S. Supreme Court).

Court of limited jurisdiction

A court with authority over specific types of cases (e.g., traffic, small claims).

Defense attorney

Lawyer who represents the accused in criminal cases.

District attorney (DA)

The chief prosecutor for a local government area.

Due process

Fair treatment under the law and constitutional guarantees.

En banc

When all judges on an appellate court hear a case together.

Expert witness

A specialist allowed to give professional opinions in court.

Going rate

The usual punishment for a crime in a specific court.

Grand jury

A group that decides if there is enough evidence for an indictment.

In chambers

Private discussion with the judge outside the courtroom.

Jurisdiction

A court's legal authority to hear a case.

Jury nullification

When a jury returns a "not guilty" verdict despite evidence, because they disagree with the law.

Justice of the peace

A judge who handles minor offenses, marriages, and small civil matters.

Lay witness

A non-expert witness who testifies about what they saw or experienced.

Local legal culture

Courtroom norms, values, and practices shared by legal actors.

Magistrate

Judicial officer who handles early stages of criminal cases.

Peremptory challenge

Removing a juror without stating a reason (limited in number).

Petit jury

Trial jury that determines guilt or innocence.

Prosecutorial discretion

Prosecutor's power to decide charges, plea deals, and case priorities.

Recusal

When a judge or prosecutor steps aside due to conflict of interest.

Referee

Court officer who handles certain hearings and reports findings to a judge.

Remand

Sending a case back to a lower court for further action.

Special prosecutor

Independent attorney appointed to handle cases with conflicts of interest.

Subpoena

Court order requiring someone to appear or produce documents.

Venire

The pool of potential jurors.

Voir dire

Jury selection process involving questioning jurors.

Writ of certiorari

Order by a higher court to review a lower court's case.

Arraignment

First court appearance where charges are read and a plea is entered.

Bail

Money or conditions ensuring a defendant returns to court.

Bench trial

Trial without a jury; the judge decides guilt.

Beyond a reasonable doubt

Highest burden of proof in criminal cases.

Bifurcated trial

A trial split into two phases (guilt and sentencing).

Booking

Police process of recording an arrest.

Burden of proof

Obligation to prove allegations (prosecutor in criminal cases).

Capital crime

Crime punishable by death.

Case-in-chief

Main evidence presented by each side.

Change of venue

Moving a trial to a different location.

Clear and convincing evidence

Medium burden of proof.

Complaint

Document stating the charges against a defendant.

Cross-examine

Questioning the opposing side's witnesses.

Direct examination

Questioning your own witnesses first.

Directed verdict

Judge rules due to insufficient evidence before jury deliberation.

Discovery

Sharing evidence between prosecution and defense.

Double jeopardy

Protection against being tried twice for the same crime.

Due process clause

Constitutional protection of fair procedures.

Hearsay evidence

Information given secondhand; usually not allowed.

Hung jury

Jury cannot reach a unanimous verdict.

Indictment

Formal charge issued by a grand jury.

Information

Formal charge issued by a prosecutor, not a grand jury.

Mistrial

Invalid trial due to error or misconduct.

No contest (nolo contendere)

Plea accepting punishment but not admitting guilt.

Opening statements

First presentations outlining each side's case.

Plea

Defendant's answer to charges (guilty, not guilty, etc.)

Plea bargain

Agreement to reduce charges or sentence for a guilty plea.

Preliminary hearing

Judge decides if enough evidence exists for trial.

Preponderance of the evidence

More likely than not (civil standard).

Preventive detention

Holding a defendant in jail to prevent harm.

Sequestered

Jury isolated from outside influence.

Concurrent sentences

Sentences served at the same time.

Consecutive sentences

Sentences served back-to-back.

Cruel and unusual punishment

Punishment prohibited by the 8th Amendment.

Determinate sentence

Fixed length sentence.

Deterrence

Punishment meant to discourage crime.

Habeas corpus

Petition challenging unlawful imprisonment.

Habitual offender statute

Harsher punishment for repeat offenders.

Incapacitation

Removing offenders from society to prevent crime.

Indeterminate sentence

Range of time (e.g., 5-10 years).

Presentence Investigation (PSI)

Report for sentencing.

Presumptive sentencing model

Guidelines that set expected sentences.

Recidivists

Repeat offenders.

Rehabilitation

Reforming offenders.

Retribution

Punishment as moral revenge.

Statutory minimum

Minimum sentence required by law.

Auburn system

Silent, group work system.

Community corrections

Alternatives to prison (probation, halfway houses).

Crime control model

Emphasizes tough punishment to reduce crime.

Elmira Reformatory

First reformatory for young offenders; emphasized rehabilitation.

Faith-based prison programs

Religious programs aimed at rehabilitation.

Halfway house

Transitional housing for inmates reentering society.

Hulks

Old ships used as prisons.

Indentured servitude

Labor as punishment in early history.

Industrial prison

Prisons focused on factory labor.

Institutional corrections

Traditional prison facilities.

Martinson Report

1970s study claiming 'nothing works' in rehabilitation.

Medical model

Crime seen as illness needing treatment.

Penitentiary

Prison focused on penitence and isolation.

Pennsylvania system

Solitary confinement system.

Privatization

Private companies run prisons.

Public Safety Realignment (PSR)

Moves non-violent offenders to county supervision.

Punishment model

Emphasizes retribution and deterrence.

Rehabilitation model

Focuses on reforming offenders.

Reintegration model

Helps offenders return to society.

Restorative justice

Repairing harm between offender, victim, community.