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| the person whose deposition is being taken |
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| witness testimony given under oath and recorded for use in court at a later date |
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| witness, who by virtue of education, training, skill or experience, is believed to have knowledge in a particular subject beyond that of the average person |
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| a term describing a number of rules excluding evidence that would be adverse to a fundamental principle or relationship if it were disclosed (ex. Patient to doctor) |
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| compels a witness to attend in court and to provide books, documents or other tangible items under his or her control |
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| a court or forum of justice: aperson or body of persons having to hear and decide disputes so as to bind the parties |
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| a system of justice in which opposing parties usually represented by cousel present evidence to an impartial decision-maker (as a jury) by a process of questioning witnesses under the supervision of a judge |
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| testimony about a scientific, technical, or professional issue given by a person qualified to testify because of familiarity with the subject or special training in the field |
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| a statutory right of all parties (except the state) to change the presiding cour official (judge) with or without cause |
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| transfer of a case by a court in which the case is brought to another court where the case could have been properly brought and which would be more convenient for the parties and witnesses and better serve the interests of justice |
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| judge conducts to help settle law suit. Scheduled because all the courts or one particular judge require settlement conference before court (trial), or parties ask the court to meet to help settle the case. No court reporter and persons not involved may not attend |
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| the crime of attempting to influence the compositions and/or decisions of a jury during the course of a trial |
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| aka forswearing - the willful act of swearing a false oath or affirmation to tell the truth, whether spoken of in writing, concerning material to a judicial proceeding |
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| everything that is used to determine or demonstrate the truth of an assertion |
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| objective and subjective components of the believability of a source or a message |
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| information gathered by the first person from a second person concerning some event, condition, or thing of which the first person had no direct experience. Prohibitted in court |
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| determines whether there is enough evidence for a trial. Examine evidence presented by a prosecutor and issuing indictments. Traditionally larger thanand distinguishable from a petit jury |
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| hears the evidence presented by both sides, retires for deliberation, majority required for a verdict varies. Usually 12 jurors |
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| "white card" - delegation |
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| public officer constituted by law to serve the public in non-contentious matters usually concerned with estates, deeds, powers-of-attorney, and foreign and international business. |
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| a written command to a person to testify before a court or be punished. |
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| a formal set of written questions propounded by one litigant and required to be answered by an adversary, in order to clarify matters of evidence and help to determine in advance what facts will be presented at any trial in the case. |
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| is the act of a law enforcement agent inducing a person to commit an offense which the person would otherwise have been unlikely to commit |
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| damages not awarded in order to compensate the plaintiff, but in order to reform or deter the defendant and similar persons from pursuing a course of action such as that which damaged the plaintiff. |
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| more serious; punishable by imprisonment for one or more years in state or federal prison and fine: rape, burglary, murder |
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| generally punished much less severely than felonies, the federal government generally considers a crime punishable with incarceration for one year or less to be a misdemeanor. |
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| a common law crime involving theft. Under the common law, larceny is the trespassory taking (caption) and carrying away (asportation, removal) of the tangible personal property of another with the intent to deprive him or her of it permanently |
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| the intent to do something forbidden by the law |
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| a crime of violence against another person. |
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| intentional harmful or offensive contact with a person under civil law |
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| "guilty mind" - one cannot be guilty if his mind is not guilty (testing of mental awareness) |
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| a person who agrees to be responsible for the debt or obligation of another |
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| the act of killing another human being. |
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| the unlawful killing of another human being with intent (or malice aforethought), and generally this state of mind distinguishes murder from other forms of unlawful homicide |
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| the killing of a human being, in a manner considered by law as less culpable than murder. |
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| an assault by a person involving sexual intercourse with or sexual penetration of another person without that person's consent. |
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| the crime of deliberately and maliciously setting fire to structures or wildland areas |
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| a crime the essence of which is entry into a building for the purposes of committing an offence. |
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| "body of crime" - it must be proven that a crime has occurred before a person can be convicted of committing the crime. |
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| United Kingdom (called punative damages in US) damages not awarded in order to compensate the plaintiff, but in order to reform or deter the defendant and similar persons from pursuing a course of action such as that which damaged the plaintiff. |
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| a doctrine used in both criminal law and tort law when the intention to harm one individual inadvertently causes a second person to be hurt instead. |
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| the act of defending oneself, one's property or the well-being of another from physical harm |
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| the Latin term for the "guilty act" which, when proved beyond a reasonable doubt in combination with the mens rea, "guilty mind", produces criminal liability |
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| one (or more) primary actor(s) in a criminal offense for which other actors may be criminally liable as accomplices, accessories or conspirators |
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| a person who assists a criminal but is not present at the crime |
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| an inchoate offense that consists of a person offering money or something else of value in order to incite or induce another to commit a crime with the specific intent that the person solicited commit the crime |
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| an agreement between persons to break the law in the future, in some cases having committed an act to further that agreement |
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| the defendant has failed to commit the actus reus (the Latin term for the "guilty act") of the full offense, but has the direct and specific intent to commit that full offense |
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| the act of dishonestly appropriating or secreting assets, usually financial in nature, by one or more individuals to whom such assets have been entrusted. |
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| a person or persons obtains property by lying about a past or existing fact |
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| is a possible legal defense, one of four of the most important justification defenses[1], by which defendants argue that they should not be held liable because the actions that broke the law were only performed out of an immediate fear of injury |
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Definition
| formal legal document that sets out the basic facts and legal reasons (see: cause of action) that the filing party (the plaintiffs) believes are sufficient to support a claim against another person, persons, entity or entities (the defendants) that entitles the plaintiff(s) to a remedy (either money damages or injunctive relief). |
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| a formal accusation that a person has committed a criminal offense. |
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| formal reading of a criminal complaint in the presence of the defendant to inform him of the charges against him |
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| an official responsible for investigating deaths, particularly some of those happening under unusual circumstances, and determining the cause of death. |
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| "by itself" or "by themselves" |
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| (meaning whereby) used to illustrate that the existence of a thing or an idea is on the basis of external circumstances not explicit. |
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| the communication of a statement that makes a claim, expressly stated or implied to be factual, that may give an individual, business, product, group, government or nation a negative image. |
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| on first examination, a matter appears to be self-evident from the facts |
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| sum paid by A to B by way of compensation for a particular loss suffered by B. |
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| sum paid by A to B by way of compensation for a particular loss suffered by B. |
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| the written communication of a statement that makes a claim, expressly stated or implied to be factual, that may give an individual, business, product, group, government or nation a negative image |
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| protection and preservation of the privacy rights of individuals. |
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| intentional infliction of emotional distress |
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| a tort claim of recent origin for intentional conduct that results in extreme emotional distress. Some courts and commentators have substituted mental for emotional, but the tort is the same |
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| taking away or asportation of a person against the person's will, usually to hold the person in false imprisonment, a confinement without legal authority |
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| obtain political rights or equality |
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| penalties or other means of enforcement used to provide incentives for obedience with the law, or with rules and regulations |
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| permits persons in positions of authority or trust to make statements or relay or report statements that would be considered slander and libel if made by anyone else |
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| a tort, and possibly a crime, wherein a person is intentionally confined without legal authority. |
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| taking into legal custody |
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| lawsuits that are based on a theory that seems absurd, or where the claim results in damages that greatly exceed what one would expect from reading a brief summary of the case. |
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| a person against whom a judgment ordering him to pay a sum of money has been obtained and remains unsatisfied. |
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| a person unlawfully obtains either money, property or services from a person, entity, or institution, through coercion. |
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| The act of accusing or charging with a crime or with a lighter offense. |
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| "Any enlisted members of the Army for distinguished service whether in action or otherwise, of valuable character to the United States, as, for example, extraordinary exertion in the preservation of human life, or in the preservation of public property, or rescuing public property from destruction by fire or other-wise, or any hazardous service by which the Government is saved loss in men and material." |
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| formal written statement filed with a court by parties in a civil action, such as a complaint, a demurrer, or an answer. |
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| temporary restraining order |
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Definition
| usually lasts while a motion for preliminary injunction is being decided, and the court decides whether to drop the order or to issue a preliminary injunction. |
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| failure to assert one’s rights in a timely manner can result in claims being barred by laches |
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| legal term which refers to the inclusion of additional counts or additional defendants on an indictment. |
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| rule in the law of evidence that allows a fact to be introduced into evidence if the truth of that fact is so notorious or well known that it cannot be refuted |
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| when the parties to a dispute (both disputes that are being litigated before the courts, and disputes where court action has not been started) reach an agreement as to the case, which is said to 'settle' the claim. |
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Term
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Definition
| ractical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility. |
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Definition
| the detention of a person in jail or prison. People are most commonly incarcerated upon suspicion or conviction of committing a crime. |
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| the body of laws that are enforced by the State in its own name and impose penalties for their violation, as opposed to civil law that seeks to redress private wrongs. |
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| refers to that branch of law dealing with disputes between individuals and/or organizations, in which compensation may be awarded to the victim. |
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| (sometimes called a claim) is a set of facts sufficient to justify a right to sue |
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| common court order granted by a court in an attempt to satisfy a judgment obtained by a plaintiff. |
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Definition
| is "issued by a superior court to compel a lower court or a government officer to perform mandatory or purely ministerial duties correctly |
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| legal pleading filed by a party defending against claims or defenses in a lawsuit. |
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Definition
| a written command to a person to testify before a court or be punished. |
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Definition
| court has made a determination (a judgment) without a full trial. |
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Definition
| formal written statement filed with a court by parties in a civil action, such as a complaint, a demurrer, or an answer. |
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Definition
| sets forth the maximum period of time, after certain events, that legal proceedings based on those events may be initiated. |
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| a legal document issued by a court (a judicial summons) or by an administrative agency of government (an administrative summons) for various purposes. |
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Definition
| a formal sworn statement of fact, signed by the declarant (who is called the affiant or deponent) and witnessed (as to the veracity of the affiant's signature) by a taker of oaths, such as a notary public. |
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| court order to 'attach' or seize an asset |
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| an injunction entered by a court prior to a determination of the merits of a legal case, in order to restrain a party from going forward with a course of conduct until the case has been decided. |
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| a legal doctrine at common law, where a party is barred from claiming or denying an argument on an equitable ground |
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| a claim brought against a co-party in the same side of a lawsuit. That is, a plaintiff brings a claim against another plaintiff, or a defendant brings a claim against another defendant |
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| is the first pleading by a defendant, usually filed and served upon the plaintiff within a certain strict time limit after a civil complaint or criminal information or indictment has been served upon the defendant |
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Definition
| made by the defendant to a civil proceeding, in a main action against the plaintiff or against the plaintiff and other people. This claim may be an attempt to offset or reduce the amount/implications of the plaintiff's original claim against the defendant, or it may be a different claim. |
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Definition
| form of lawsuit where a large group of people collectively bring a claim to court |
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| In origin it refers to an oath to tell the truth (Latin verum dicere), in other words to give a true verdict. |
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Definition
| usually refers to a right in jury selection for the defense and prosecution to reject a certain number of potential jurors who appear to have an unfavorable bias without having to give any reason |
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| a formal protest raised in court during a trial to disallow a witness's testimony or other evidence which would be in violation of the rules of evidence or other procedural law. |
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| sufficient preliminary evidence of the authenticity and relevance for the admission of material evidence in the form of exhibits or testimony of witnesses. |
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| act of establishing or confirming something (or someone) as authentic, that is, that claims made by or about the subject are true. This might involve confirming the identity of a person, the origins of an artifact, or assuring that a computer program is a trusted one. |
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| the obligation to shift the assumed conclusion away from an oppositional opinion to one's own position. The burden of proof may only be fulfilled by evidence. |
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| concerns the mental capacity of an individual to participate in legal proceedings |
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| the act of seizing property from the owner under process of law for the benefit of creditors or the state |
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| a process for requesting a formal change to an official decision. |
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| is the party who, having lost part or all their claim in a lower court decision, is appealing to a higher court to have their case reconsidered |
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| The Appellee, or the opposing party, in an Appeal |
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| not allowed, without permission |
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| accomplice; ex. A getaway driver |
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| where one person asks someone else to join them in crime |
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| when you agree with a solicitation to commit a crime/unlawful |
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| intent to commit a particular crime and TAKING STEPS toward the crime |
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| defamation of character is transmitted to a third person other than the patient or party to whom the statement refers |
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| a judicial contest aiming to determine and enforce legal rights |
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| the determination of a controversy and the pronouncement of a judgment |
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| unreasonable delay in bringing an action |
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