Legal Glossary

The legal glossary is a comprehensive index of legal terms aimed at educating and helping consumers better understand some of the legal terminology and jargon that is often used in describing legal matters.

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Evidence that supports a fact without an inference.

Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.

A log containing brief entries of court proceedings.

In the bench or full bench. Refers to court sessions with the entire membership of a court participating, rather than the usual quorum. U.S. courts of appeals usually sit in panels of three judges, but may expand to a larger number in certain cases they deem important enough to be decided by the entire court. They are then said to be sitting en banc.

Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.

Evidence which tends to show the defendant’s innocence.

Physical evidence or documents that are presented in a court proceeding. Common exhibits include contracts, weapons, and photographs.

Jurisdiction given to federal courts in cases involving the interpretation and application of the U.S. Constitution, acts of Congress, and treaties. In some cases, state courts can decide these issues, too, but the cases can always be brought in federal courts.

A crime carrying a penalty of more than a year in prison.

To place a paper in the official custody of the clerk of court to enter into the files or records of a case. Lawyers must file a variety of documents throughout the life of a case.

A body of citizens who listen to evidence of criminal allegations, which are presented by the government, and determines whether there is probable cause to believe the offense was committed. As it is used in federal criminal cases, the government refers to the lawyers of the U.S. Attorney's office who are prosecuting the case. Grand jury proceedings are closed to the public, and the person suspected of having committed the crime is not entitled to be present or have an attorney present. States are not required to use grand juries, but the federal government must do so under the Constitution.

A writ that is often used to bring a prisoner before the court to determine the legality of his imprisonment. A prisoner wanting to argue that there is not sufficient cause to be imprisoned would file a writ of habeas corpus. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.

Statements by a witness who did not see or hear the incident in question but learned about it through secondhand information such as another’s statement, a newspaper, or a document. Hearsay is usually not admissible as evidence in court, but there are many exceptions to that rule.

(1) The process of calling something into question, as in impeaching the testimony of a witness. (2) The constitutional process whereby the House of Representatives may impeach (accuse of misconduct) high officers of the federal government for trial in the Senate.

In the manner of a pauper. Permission given to a person to sue without payment of court fees on claim of indigence or poverty.

Evidence which tends to show the defendant’s guilt.

The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.

A formal accusation by a government attorney that the defendant committed a misdemeanor.

Court proceeding in which the defendant learns of his rights and the charges against him and the judge decides bail.

An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.

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