AAERT Module 1

action

a lawsuit

adverse witness

a witness whose testimony is prejudicial to the case of the party who called him whether or not the witness is actually hostile

affiant

person who signs an affidavit

affidavit

written statement of facts made under oath af

affirm

to declare solemnly and formally; although not using the form of an oath, an affiant is still subject to the penalties of perjury.

aggravating — mitigating circumstances

considerations which increase (aggravate) or decrease (mitigate) a sentence imposed in criminal cases under sentencing guidelines.

allocution

formal statement by a convicted defendant as to whether there is any reason why judgement should not be rendered against him; when sentencing bargain has been agreed to in exchange for a guilty plea, the defendant must admit guilt.

ammendment

change/correction, whether beneficial or not, whether adding or subtracting a

answer — complaint

response by defendant denying plaintiff’s complaint

arbitration

dispute mediation by impartial third party

arraignment

bringing an accused person into court to plead to a criminal charge ar

arrest — custody

restraint and detention of a person suspected of a crime

bail — own recognizance

bail is the amount of money deposited as a form of collateral to guarantee that a person charged with a crime will appear in court when scheduled.

bench conference

a discussion between attorneys and the judge outside the hearing of the jury or courtroom audience. Not on record.

bench warrant

authority to find and bring someone to court who has failed to appear b

beyond a reasonable doubt — preponderance of evidence

beyond a reasonable doubt is the standard for conviction in a criminal trial; preponderance of evidence is the standard for winning in a civil manner

bifurcation

trial of certain issue separately, as guilt/penalty or complaint/damages

Black Law Dictionary

a standard legal reference work, including abbreviations and other materials

black letter law

basic principles of law, especially when published in statutes.

briefs

papers submitted by attorneys, either pre- or post-trial, explaining their clients’ positions.

burden of proof — standard of evidence

the obligation to provide affirmative proof on an issue; the standard of evidence is how much evidence or of what type is needed to bear the burden

calendar

court schedule c

case in chief

primary presentation of evidence by a party c

case law

printed decisions and opinions of appellate jurisdictions

cause of action

situation causing a lawsuit

certiorari, writ of

an appellate court order (especially from the Supreme Court) granting a hearing to an appellant; if a hearing is granted the lower court is ordered to provide a certified record of the case for the appellate judges to review.

chain of custody

record showing proper maintenance of “real” evidence, such as seized narcotics or weapons, as opposed to mere documents.

challenge

objection to having someone serve as a juror; a challenge may be for cause, as when the person does not speak English, or peremptory, with no reason given

chambers

a judge’s office within a courthouse ch

charge to the jury

instructions from the judge concerning the law which governs a case

chattel

an article of personal or movable property

circuit court of appeal

federal appellate level immediately below the supreme court cl

class action

a suit joined by a group of people who share a common interest in a matter

closing statement — summation

an attorney’s final statement in a trial; the concluding argument of each party’s counsel, made before jury deliberation

cloud on title — quiet title

a cloud on title is a claim or lien which impairs an owner’s otherwise free right to use his property; to remove a claim, an action is brought to quiet title.

Code of Federal Regulations — CFR

Federal regulatory rules and regulations which implement federal law; these regulations, once promulgated, have the force of law c

collateral estoppel

a bar to re-litigating an issue already been tried between the same parties

colloquy

any formal conference, conversation, or discussion between lawyers, the judge, or other parties during a judicial proceeding

common law

customary, old, or “judge-made” law, as opposed to “positive” or statutory law

complaint — answer

plaintiff’s initial pleading which a defendant initially answers

concurrent sentences

two or more sentences served at the same time co

conflict of interest

conflict between the private interests and public obligations of someone in a position of authority or trust

confront accusers

right of a person accused of a crime to face those making the accusation

consecutive sentences

two or more sentences which must be served one after the other con

contempt

willfully disobeying a court order; obstructing a court’s functions or lessening its dignity co

counter-claim

defendant’s claim against a plaintiff

court minutes

summary records of events in a case, kept by the court clerk

cross-examination

questions by an opposing party after the side calling the witness has examined d

deadlocked

a jury unable to agree on a verdict

declarant — declaration

one having an interest in a matter who makes an unsworn statement; such a statement is the declaration

defendant

person against whom a lawsuit is filed

demurrer

assertion by a defendant that, although certain facts alleged against him/her may be true, they do not entitle the plaintiff to prevail.

deposition — deponent — deposed

questioning by attorneys of a party or witness under oath; the person being questioned is the deponent, who then is said to have been deposed. d

direct examination

the first questioning by the attorney (or an unrepresented party) who called the witness

direct testimony

answers given to questions posed by the attorney who calls the witness; also, testimony given under oath by a person appearing pro se d

discovery

pretrial gathering and subsequent exchange of evidence

dismissed with prejudice — without prejudice

case dismissal: with prejudice it cannot be brought again; without prejudice, it can be brought again when appropriate

docket number

identifying number assigned when case is filed with the court

emend

to change or correct to improve the quality of a document

entrap

induce a person to commit a crime who otherwise would not commit one

equity

branch of law dealing with just results in specific cases, not strict general rules

errata

substantive errors found in a deposition or other document

evidence

items, whether written, oral, audible, visual, presented to support allegations in a case, including physical objects such as guns, narcotics, fingerprints, etc

examination

questions posed to a witness or deponent

execute

to sign, complete, perform

exhibit

a tangible item of evidence, whether a document or other object

expert — lay witness

one having special expertise which may assist a court but who is not connected with the case; lay witnesses are all others

extradition

bringing someone in custody from one state to another state or country

F.2d, F.3d

second and third sets of published federal appellate decisions; the Federal Reporter series of volumes f

federal question

a case or issue which involves federal law or constitutional claims

forum

venue, tribunal

grand jury

a special jury in criminal law which determines if evidence is sufficient to warrant a trial; if the evidence is sufficient the grand jury issues an indictment.

gravamen

the part of a charge that weighs most heavily against the accused, or the primary subject matter of an issue

hearsay — hearsay rule — exceptions

statement made by someone other than the witness who is testifying; second- or third- party statements; set of rules defining what is and what is not hearsay

hostile witness

a witness called by one side, but whose interests lie with another party.

hypothecate

to pledge property as collateral for debt

impeached — rehabilitated

testimony contradicted with sufficient proof as to affect a witness’s credibility with further evidence

indictment — charges — counts

formal criminal charge laid against a person; the counts of the indictment are the individual acts alleged to have broken the law

inference

logical conclusion drawn from a basis assumed or known to be true

informant

someone who gives information, especially against someone else i

injunction

an order either forbidding or, in some circumstances, compelling an action.

interlocutory

provisional, temporary, not yet finalized

interrogatories

written questions posed before trial; written answers may be used during trial

intervenor

a person voluntarily joining in action, with permission of the court

intestate

dying without having prepared a valid will

joinder

joining lawsuits together or joining parties together in a single suit

judgement

official court decision

junior mortgage

a mortgage next in line to a prior mortgage; a senior mortgage is paid off first

jurisdictional — geographical (territorial)

area within which a court may exercise its authority to hear cases

jurisdiction — limited and general

limited jurisdiction: a court may only consider certain matters’; general jurisdiction: a court may hear any matter constitutionally permitted

jurisdiction — original

no court, other than the specific one holding original jurisdiction, may initially consider the matter in question

jurisdiction — subject matter

cases or issues a court is authorized to hear

juror challenge — peremptory — for cause

either party may challenge a prospective juror; peremptory means no reason must be given; for cause means some rational reason underlies the challenge.

jury instructions

the court’s explanation of the law applicable in a case, given to the jury before their deliberations begin

jury venire

an entire panel from which a jury is drawn, short for venire facias

justiciable — nonjusticiable

an issue which a court is capable to decide; a question appropriate for judicial consideration; a nonjusticiable issue is one a court simply cannot entertain, such as political questions reserved for congress or state legislature

landmark or benchmark decision

important holding or ruling that affects large segments of society, establishes important new legal principles, or challenges established ones

lay — not expert witness

a lay witness is one without special knowledge or expertise; generally any fact witness is considered lay

lien

legal right to claim on specific property which attaches to the property until the debt is satisfied

mechanic’s lien

statutory claim created to ensure payment to constractors and suppliers on construction projects