Comprehensive Guide to Court Systems, Legal Procedures, and Court Roles

Court Systems

neutral panels established by government agencies to settle a variety of disputes among different parties of people and businesses

Appeal

transfer of a case from a lower to a higher level for a new hearing

Plaintiff

party initiating a lawsuit against an organization or individual

Defendant

party denying or defending against allegations made by the plaintiff

Victim

person against whom a crime has been committed

Defense Attorney

represents the defendant and ensures the defendant is protected according to the law

Judge

officer in charge of the court proceeding; ensures all evidence used in the trial is legal, instructs the jury and typically provides the sentence when a defendant is convicted

Prosecutor

attorney who is hired or appointed by the state or federal government to represent the plaintiff or the state

Bailiff

court officer responsible for giving out subpoenas, escorting defendants from jail to the courtroom, representing the jury to the judge and protecting safety of all in the courtroom

Court Reporter

records the official record of the trial; these word-for-word transcripts are used in appeals

Jury

responsible for deciding what is true in a case and in a criminal case, deciding whether or not the defendant has committed a crime

Civil Case

dispute between two or more parties consisting of the first party, or plaintiff, accusing the second party, or defendant, of causing injury or damage to the plaintiff; reasonable doubt is not required

Criminal Case

law has been broken requiring the state to bring charges against the offender; there must not be any reasonable doubt of guilt

Small Claims Courts

only hear civil cases; hear cases involving a limited amount of money; only allow damages of up to $3,000 to be recovered

Breach of Contract

when one party fails to perform under the requirements of a valid agreement with another party (contracts can be written or verbal)

State Courts

decide more than 95 percent of the nation's legal cases; can handle cases which may appeal all the way to the federal court level if a federal issue is involved; are divided into trial courts and appellate courts

Trial Courts

hear all criminal cases other than minor offenses; can also be called county, district, superior, circuit or common pleas courts; keep thorough formal records of proceedings in order to have documentation if needed for appeals; do not have a limitation on the dollar amount of damages

Appellate Courts

considered a reviewing court and determine appeals from the decisions of the trial courts; are generally called Supreme Courts of the State as they are the highest level of court system within a state

The Pleading

series of formal, written statements in which the plaintiff and defendant both state claims for defense regarding the matter being disputed

Issue of Fact

argument between the two parties regarding the events which took place and caused the lawsuit to arise

Issue of Law

argument between the two parties in regards to which legal rules apply to the facts stated in the case.

Pretrial Procedure

Occurs when parties disclose any evidence obtained proving the argued facts; used to push for settlements between parties so trial does not have to take place or to make trials more effective.

Judgment on Pleadings

Occurs when the judge determines there is no issue of fact or law, effectively ending the case.

Discovery

Includes the right of each party to obtain and present witnesses and evidence (such as documents and physical objects).

Summary Judgment

Final ruling by the judge based on the evidence presented in the discovery, often requested by the defendant to avoid going to trial.

Settlement

Agreement between the plaintiff and the defendant to end the dispute.

The Trial

Introduces the evidence and facts from the pleadings and pretrial procedure and determines the outcome of the case.

Jury Selection

Process of choosing potential jurors by disqualifying biased people who cannot be neutral or fair.

Conduct of Trial

Consists of opening statements by attorneys, direct and cross-examination of witnesses and closing arguments by attorneys.

Verdict

Jury's final decision based on all of the facts and evidence presented in the trial.

Acquit

To be released from criminal charges.

Arraignment

First official court appearance for the defendant; used to inform defendant of official criminal charges, take defendants plea, negotiate bail if necessary and set up dates for further proceedings.

No Contest

Plea used when defendant agrees with the facts of the crime but does not believe they are guilty, most commonly used to prevent guilty pleas from being used in civil court cases.

Jurisdiction

Having control or authority over someone or something.

Prejudicial Error

Error of fact considered so incorrect it is determined to be an error of law.

Reverse

Modify the judgment if considered necessary.

Remand

Send the judgment back to the lower court.

Affirm

Keep the decision of the lower court in effect.

Patents

Grant of property right to an inventor.

Trademark

Word, name, symbol or device used by manufacturers or merchants to identify and distinguish their goods from those of others.

Appeal by Right

Request by either of the parties for a higher court to review a case from a lower court; must be filed within a certain time frame.

Writ of Certiorari

Request made by the appellate court to reexamine the case.

Supreme Court

Highest level in the United States court system; consists of a Chief Justice and eight associate justices.

Judicial Branch of Government

Explains and applies laws by hearing legal trials and making rulings on them.

U.S. Constitution

Contains the fundamental laws of the United States.

Chief Justice

Holds a lifetime position unless he/she makes the decision to step down; is appointed by the president; is the head of the United States federal court system.

Justice of the Peace

Judge who handles minor legal issues, such as misdemeanors, small claims, traffic matters, marriage ceremonies, etc.