legal and court terminology. indictment a formal criminal charge against a person who then becomes...
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Legal and Court Terminology
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Indictment
A formal criminal charge against a person who then becomes the defendant.
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Arraignment
The defendant’s appearance in court to enter a plea of “guilty” or “not guilty.”
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Misdemeanor
a lesser crime punishable by a fine and/or county jail time for up to one year.
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Felony
a crime sufficiently serious to be punishable by death or a term in state or federal prison
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Prosecutor
Government attorney who presents the state's case against the defendant in a criminal case.
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Defense
the lawyer representing the defendant
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Bailiff
The officer who runs the courtroom at the judge’s direction.
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Clerk
The member of the judge’s staff who is responsible for legal research and other duties for the judge.
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Court Reporter / Stenographer
The person who records and transcribes everything that transpires in the courtroom.
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Bench
Where the judge or panel of judges sit.
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Chambers
Offices of the judge and judge’s staff.
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Jurisdiction
Authority to hear and decide a case.
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Docket
The list of cases on a court’s daily schedule.
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Burden of Proof
Duty to provide enough evidence to validate an allegation or charge. This burden is on the prosecution.
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Opening statement
an attorney’s first address to the jury at the beginning of the trial that summarizes what the case is about and what evidence they can expect
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Direct and Cross Examinations
DIRECT:DIRECT: Questioning of a witness called by the attorney doing the questioning.
CROSS: CROSS: Questioning of the other party’s witness.
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Rebuttal
testimony or argument made in order to disprove testimony or evidence submitted by the opposition.
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Objection
a lawyer's protest about the legal propriety of a question with the purpose of making the trial judge decide if the question can be asked
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Sidebar conference
attorneys “approach the bench” to
discuss matters outside the jury’s hearing
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Question of fact
issue determined by the jury based on submitted evidence
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Questions of law
legal issue decided by the judge
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closing statement/argument
final statement made by an attorney to the jury to summarize the evidence and argue their case
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Jury Charge or Instructions
The set of legal instructions given to the jury by the judge before the jury begins to deliberate.
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Verdict
the decision of a jury after a trial, which must be accepted by the trial judge to be final
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Acquittal
what an accused criminal defendant receives if he/she is found not guilty. It is a verdict (a judgment in a criminal case) of not guilty.