Legal Terminology A & B Module 2

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

Action

A lawsuit

Affiant

Signer of an affidavit

Affidavit

Written statement of facts made under oath

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 circumstances

Considerations which increase a sentence imposed in criminal cases under sentencing guidelines

Allocution

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

Amendment

Change/correction, whether beneficial or not, whether adding or subtracting

Answer

Response by defendant denying plaintiff's complaint

Arbitration

Dispute mediation by an impartial third party

Arraignment

Bringing an accused person into court to plead to a criminal charge

Arrest

Restraint and detention of a person suspected of crime (temporary holding at the scene of a crime for mere questioning is not an arrest)

Bail

Commonly, bail refers to an 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; such a discussion may or may not be on the record

Bench warrant

Authority to find and bring to court someone who has failed to appear

Beyond a reasonable doubt

The standard for conviction in a criminal trial

Bifurcation

Trying certain issues separately, (e.g., guilt vs. penalty).

Black letter law

Basic principles of law especially when published in statutes

Black's Law Dictionary

A standard legal reference work, including abbreviations and other materials

Briefs

Papers submitted by attorneys, either pre- or post-trial, explaining or defending their clients' positions

Burden of proof

The obligation to provide affirmative proof on an issue