before trial and jury trial vocab

impaneling

the process by which jurors are selected and sworn to their task

voir dire

process of questioning prospective jurors or witnesses in order to ascertain their qualification and determine any basis for challenge

peremptory challenge

in the process of jury selection, each side in a civil or criminal trial has the right to exclude a certain number or prospective jurors without cause or giving a reason

challenge for cause

reasons that a lawyer gives for removing a juror or judge from a case

sequester

to separate. Sometimes juries are separated from outside influences during their deliberations

Jury Instructions/Charge

A judge’s directions to the jury before it begins deliberations regarding the factual questions it must answer and the legal rules that it must apply

felony

a serious crime that can be punished by at least one year in prison or death

capital offense

a crime punishable by death

misdemeanor

a crime punishable by up to one year in jail

infraction

a minor violation of a law that is not a misdemeanor or a felony and can’t be punished by time in prison. Minor traffic offense are an example

statute of limitations

the time within which a lawsuit must be filed or a criminal prosecution begun. The deadline can very, depending on the type. ofcivil case or the crime charged

complaint

the legal document that usually begins a civil lawsuit and is also used to start a criminal case. It says what the accuser thinks the defendant did and asks the court for help

probable cause

a good reason to believe that a crime has been (or is being) committed. It is required fro all lawful searches, seizures, and arrests

warrant

court authorization, most often for law enforcement officers, to conduct a search or make. an arrest

miranda rights

the requirement that police inform a person of his/her constitutional rights before questioning him/her. These rights include the right to remain silent and the right to an attorney

citation

a court order or summons that tells a defendant what the charges are (also tells the defendant to go to court and/or bail)

allege

to say or charge that something is true even though it is not proved yet

deposition

a written or oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial

jurisdiction

the legal authority of a court to hear and decide a certain type of case. It is also used as a synonym for venue, meaning the geographic area over which the court has territorial jurisdiction to decide cases

charge

in criminal law, each act that the defendant is accused of is called a

due process

in criminal law, the constitutional guarantee that a defendant will receive a fair and impartial trial

affidavit

a written statement made under oath

indictment

the formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies it is also called a “true bill”

prosecute

to charge someone with a crime. A prosecutor tries a criminal case on behalf of the government

counsel

legal advice; a term also used to refer to the lawyers in a case

count

each separate charge in a criminal case

venue

the geographic area in which a court has jurisdiction. A judicial district

arraignment

a proceeding in which a criminal defendant is brought into court, told of the charges against him/her, and asked to plead guilty or not guilty

pretrial conference

a meeting of the judge and lawyers to plan the trial, to discuss which matters should be presented to the jury, to review proposed evidence and witnesses, and to set a trial schedule. Typically, the judge and the parties also discuss the possibility of settlement of the case

nolo contendere

no contest. This plea has the same effect as. a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose

plea

in a criminal case, the defendant’s statement pleading “guilty” “not guilty”, or “no contest” in answer to the charges

discovery

procedures used to obtain disclosure of evidence before trial