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Here's a few commonly used legal terms that should make your research a bit easier. This is by no means an exhaustive list and only meant to give you some knowledge of the jargon before you get started.
Abscond
To travel covertly out of the jurisdiction of the courts, or to conceal oneself in order to avoid their process.
Accomplice
Individual who voluntarily engages with another in the commission or attempted commission of a crime.
Acquittal
To be found not guilty of a violation of law.
Affidavit
Written statement of fact, signed and sworn to before a person having authority to administer an oath.
Bail
In criminal cases, a sum of money posted by or on behalf of a defendant to guarantee his appearance in court after being released from jail
Caption
The heading or introductory clause of papers connected with a case in court, which shows the names of the parties, name of the court, docket number of the case, etc
Class Action
Lawsuit brought by a representative member(s) of a large group of people on behalf of all members.
Competency
A witness's ability to observe, recall and recount under oath what happened. Criminal defendants must also be competent to stand trial; they must understand the nature of the proceedings and have the ability to assist their lawyers.
Dismissal
Termination of a legal proceeding prior to finding. A dismissal can be with or without prejudice.
Diversion
Procedures for handling relatively insignificant juvenile problems informally, without referral to Juvenile Court. In criminal cases, the formal continuance of a case for a certain length of time, usually a year, with the goal of dismissal if the defendant meets certain conditions.
En banc
A proceeding in which the entire membership of an appellate court participates in the decision, rather than leaving the decision to a smaller "panel" of the court's members. In Utah, the Court of Appeals is prohibited from sitting en banc.
Felony
A serious crime, which is punishable by imprisonment of at least one year, or by execution, or by fine or both fine and imprisonment. It is distinguished from a misdemeanor as the maximum imprisonment for a misdemeanor is less than one year.
Inadmissible
That which under the established rules of evidence, cannot be admitted or received in court.
Indictment
Written accusation of a grand jury, charging that a person or business committed a crime.
In loco parentis
A person who has custodial/parental responsibility and authority although not actually being a parent (literally: "in place of the parents"). Although this can be established by written contract it is often assumed in common situations; thus a sibling or babysitter may have limited rights to act in loco parentis until the legal custodial parties (parents etc.) can be contacted.
Libel
An untrue statement published in print and communicated to a third party with the purpose to damage the reputation of another.
Mens Rea
Mens rea is the Latin term for "guilty mind" used in the criminal law. The standard common law test of criminal liability is usually expressed in the Latin phrase, actus non facit reum nisi mens sit rea, which means that "the act will not make a person guilty unless the mind is also guilty".
Miranda Rights
A list of rights that police in the United States must read to suspects in custody before questioning them, pursuant to the Supreme Court decision in Miranda v. Arizona.
Mistrial
Erroneous or invalid trial. Usually declared because of prejudicial error in the proceedings, hung jury, or when the proceedings must be interrupted.
Non compos mentis
Not of sound mind; insane.
Plea
A statement made by the defendant as to his/her guilt or innocence to the charge made against him or her.
Plea Bargain
The process by which the accused and the prosecutor negotiate a mutually satisfactory disposition of the case. Such bargains are not binding on the court.
Punitive damages
Lawyers regularly employed by the government to represent people accused of crimes who cannot afford to hire their own. The term may also be used to refer to a private firm receiving public money to defend indigent criminal defendants.
Slander
The tort of making false oral statements damaging to another person's reputation; the oral form of defamation.
Subpoena
Coming from the Latin for "under penalty" (sub poena), a subpoena is a court process used to cause a witness to appear and give testimony, commanding him or her to appear before the court or magistrate therein named, at a time therein mentioned, to testify for the party named, under a penalty therein mentioned. This is formally called a subpoena ad testificandum, to differentiate it from a subpoena duces tecum, which refers to documents.
On proof of service of a subpoena upon the witness, and that he is material, a citation may be issued against him or her for contempt, or (conceivably) a bench warrant for his or her arrest may be issued, if he or she neglects to attend as commanded. The equivalent command to a defendant is a summons.
Tort
A civil wrong (as opposed to a criminal wrong), which may be either intentional or accidental. If someone is driving and hits an unoccupied parked car, they commit a tort in that they have caused a wrong to another party which does not rise to the level of a crime. If they fail to stop at the scene of the accident, they also commit a crime, which is a criminal wrong in addition to, and separate from the tort.
Waive
To give up a right or claim voluntarily. |
