GLOSSARY OF
LEGAL TERMS
Judges and lawyers
often speak and write in jargon that can leave the frustrated layperson
muttering about "mumbo-jumbo." But legalese is no more difficult to
crack than other jargon, and should not be considered especially intimidating.
State and federal
courts often use the names of key previous rulings (they call them precedents)
as part of their shorthand. A familiar example would be a judge asking
a prosecutor, "Was the suspect Mirandized?" Most fans of cops-and-robbers
movies and TV shows recognize the reference to a ruling, although the
1966 Supreme Court decision in Miranda vs. Arizona might not spring
to mind. In it, the court said police must tell criminal suspects in
custody about their rights before attempting to interrogate them.
If a bureau often
is called on to report about court decisions, the ultra-authoritative
Black's Law Dictionary would be a valuable resource for the office.
To get you started,
the following are some commonly encountered legal terms.
ADDITUR:
In some cases in which one side (plaintiff) is seeking money from the
other (defendant), amounts awarded by the jury are found insufficient
and increased by the judge. The A-word is loved by plaintiffs, hated
by defendants.
AMICUS CURIAE:
Latin for "friend of the court." It is, most often, unsolicited advice
given to a trial judge or appeals court by a person or organization
interested, but not involved, in a dispute.
APPELLANT:
The side that lost in the trial court and has filed an appeal. Sometimes
called the petitioner.
APPELLEE:
Generally, the side that won in the trial court, and whose victory is
being appealed by the losing side. Sometimes called the respondent.
ARRAIGNMENT:
In criminal cases, the accused individuals are taken before a judge
and informed about the charges against them. At the proceeding, they
get to enter a plea of guilty or not guilty. Sometimes called an initial
appearance or a preliminary hearing.
ASSAULT:
An attempt or threat to harm someone else, which causes the victim to
fear harm. It technically does not mean use of illegal force, which
would be a battery. Rule of thumb: "Made you flinch" is assault, not
battery.
BAIL: Money
or other form of security given to gain a person's release from custody.
A bail bond is one form of security. In such circumstances, it is always
accurate to say someone was released on bail; it may be inaccurate,
however, to say that person was released on bond.
BLUE SKY LAWS:
Nothing about the environment here. These are state statutes governing
securities sales, aimed at protecting investors against fraud.
BURDEN OF PROOF:
The duty to prove disputed facts. In criminal cases, the burden rests
on the prosecutors. In civil cases, the burden most often is carried
by the plaintiff..
COMMON LAW:
Older than our nation, it originated in England and came to America
with the colonists. It is law that comes from tradition and judicial
decisions, not from some legislative act. Sometimes called case law.
CONCURRENT SENTENCE:
Prison terms for two or more offenses to be served at the same time,
rather than one after the other. Example: Two 5-year sentences and one
3-year sentence, if served concurrently, result in a maximum of five
years behind bars.
CONSECUTIVE SENTENCE:
Prison terms for two or more offenses to be served one after the other.
Example: Two 5-year sentences and one 3-year sentence, if served consecutively,
result in a maximum of 13 years behind bars.
DAMAGES:
Money awarded for an injury or loss due to the unlawful act or negligence
of another.
DECLARATORY JUDGMENT:
A judge's statement about someone's rights. For example, a ruling that
a particular statute, as written, violates some constitutional right.
DE FACTO:
Some more Latin, meaning "in fact" or "actually." Something that exists
in fact but not legally.
DE JURE:
In law or lawfully.
DISMISSAL WITH
PREJUDICE: Prevents an identical lawsuit from being filed later.
But DISMISSAL WITHOUT PREJUDICE allows the later filing.
EXCLUSIONARY
RULE: Judge-made doctrine that says evidence obtained in violation
of a defendant's constitutional rights is not admissible at trial.
FELONY: A
serious crime usually punishable by at least one year in prison.
HABEAS CORPUS:
Latin for "You have the body." Most often, a writ of habeas corpus is
a judicial order forcing law enforcement authorities to produce a prisoner
they are holding, and to justify the prisoner's continued confinement.
A petition for a writ of habeas corpus often is filed in federal courts
by state prison inmates who say their state prosecutions violated federally
protected rights in some way.
IN CAMERA:
Latin again, and nothing about photography. In a judge's chambers, outside
the presence of a jury and the public. In private.
INJUNCTION:
A court order preventing one or more specific parties from taking some
action. A preliminary injunction often is issued to allow fact-finding
so a judge can determine whether a permanent injunction is justified.
LONG-ARM STATUTE:
Law that allows a court to exercise authority over a person or a business
outside the area in which the court usually has power.
MANSLAUGHTER:
Unlawful killing without intent to kill. It can be voluntary (such as
a deadly fist fight) or involuntary (such as an accident caused by a
speeding car).
MOOT: Not
subject to a court ruling because the controversy has not actually arisen,
or has ended.
NOLO CONTENDERE:
A no-contest plea. In some states, this plea means the charges are not
contested but also not admitted. In other states, it is the equivalent
of a guilty plea.
PEREMPTORY CHALLENGE:
A court may grant each side in a civil or criminal trial the right to
exclude a certain number of potential jurors without giving a reason.
PARDON: A
form of clemency, granted by the executive branch.
PAROLE: Supervised
conditional release of a prisoner.
PROBATION:
Alternative to imprisonment. Conditional freedom for offender.
REPLEVIN:
Seeking recovery of a possession wrongfully taken.
STANDARD OF PROOF:
Degree of proof required. In criminal cases, prosecutors must prove
someone's guilt "beyond a reasonable doubt." Some legal scholars say
that means 95 to 99 percent certainty. In some cases, the standard is
"clear and convincing," but the majority of lawsuits require "proof
by a preponderance of the evidence," or 50 percent plus.
STATUTE OF LIMITATIONS:
The time within which a lawsuit must be filed. The deadline can vary,
depending on the type of lawsuit.
TEMPORARY RESTRAINING
ORDER: Akin to a preliminary injunction, it is a judge's short-term
order forbidding certain actions until a full hearing can be conducted.
Often referred to as TRO.
TESTATE:
With a will. Absence of such a document is "intestate."
TORT: A civil,
not criminal, wrong. An injury against a person or property, with the
exception of breach of contract.
VOIR DIRE:
Jury selection process of questioning prospective jurors.
WARRANT:
Court authorization, most often for law enforcement officers to conduct
a search or make an arrest.