In court, trial attorneys can file motions, meet with judges, or select jury members. Outside of court, trial attorneys can review files, interview witnesses, or take. Trial attorneys represent clients in both civil and criminal cases. Your primary job is to argue the facts of a case before a judge or jury on behalf of your client. Outside of court, trial attorneys can review files, interview witnesses, or take statements.
Criminal defense attorneys and constitutional attorneys can also act as trial attorneys. Absolution: A sentence according to which the guilt of a criminal defendant has not been proven beyond a reasonable doubt. Approved: Judgment handed down by an appellate court in which the order or order is declared valid and will prevail as decided in the lower court. Appeal: About appeals; an appellate court has the power to review the judgment of another court or lower court.
Bankruptcy: refers to statutes and judicial proceedings involving individuals or companies that cannot pay their debts and request the assistance of the court to start from scratch. Under the protection of the bankruptcy court, debtors can pay off their debts, perhaps paying off a portion of each debt. Bankruptcy judges preside over these proceedings. Trial without jury: trial without a jury in which a judge decides the facts.
In a jury trial, the jury decides the facts. Occasionally, defendants will waive their right to a trial by jury and will opt for a trial without a jury. Beyond a reasonable doubt: standard required to convict a criminal defendant for a crime. The prosecution must prove guilt so that the jury has no reasonable doubt that the defendant is guilty.
Indictment before the jury: instructions from the judge to the jury about the law that applies to the facts of the case being tried. Chief Judge: The judge who has primary responsibility for the administration of a court. The chief judge also decides cases, and the choice of chief judges is determined by seniority. Court Clerk: Official appointed by the court to work with the chief judge in overseeing the administration of the court, especially to help manage the flow of cases in court and maintain court records.
Continuation: A judge's decision to postpone the trial until a later date. Conviction: Guilty sentence against a criminal defendant. Court: Government entity authorized to resolve legal disputes. Judges sometimes use the court to refer to themselves in the third person, such as when the court has read the briefs. Damages: Money paid by defendants to plaintiffs who have won in civil cases to compensate plaintiffs for their injuries.
Absent judgment: Judgment handed down because the defendant did not respond or did not appear. On the bench: on the bench or on the full bench. It refers to court sessions in which all members of a court participate, rather than the usual quorum. Courts of appeal usually meet in panels of three judges, but they can be expanded to a larger number in certain cases that they consider important enough for all courts to decide on them.
It is then said that they are meeting in plenary session. Evidence: Information presented in testimony or in a document that is used to persuade the investigator (judge or jury) to decide the case for one party or another. Federal Issue: Jurisdiction granted to federal courts in cases related to the interpretation and application of the Constitution of the United States, laws of Congress, and treaties. In some cases, state courts can also decide on these issues, but cases can always be brought before federal courts.
Grand jury: a body of citizens that hears the evidence of criminal charges brought by the government and determines if there are probable reasons to believe that the crime was committed. As used in federal criminal cases, the government refers to the attorneys of the United States 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 has no right to be present or to have an attorney present. States are not required to use grand juries, but the federal government must do so under the Constitution. Indictment: The formal indictment issued by a grand jury stating that there is sufficient evidence that the defendant committed the crime to justify holding a trial; it is primarily used for serious crimes.
Initial hearing: judicial proceeding in which the defendant learns about his rights and the charges against him and the judge decides to release him on bail. Court order: court order that prohibits (or obliges) the performance of a specific act to prevent irreparable harm or injury. Judge: Government official with authority to decide on lawsuits submitted to the courts. The judicial officers of the Supreme Court and the highest court in each state are called judges.
Judgment: The official decision of a court that ultimately determines the respective rights and claims of the parties to a lawsuit. Jurisdiction: (The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility in the same case. Some issues can be heard in state and federal courts.
The plaintiff initially decides where to file the lawsuit, but in some cases, the defendant may request a change of court. The geographical area over which the court has authority to decide cases. A federal court in a state, for example, can normally only decide a case that has arisen as a result of actions in that state. Jury: Person who is part of the jury. Jury: people selected in accordance with the law and who have sworn to investigate and deliver a verdict on questions of fact.
In some cases, state court juries can be as small as six members. Federal juries for civil lawsuits must have six juries. Criminal lawsuits they must be twelve. Instructions from the jury: An explanation from the judge to the jury before deliberations begin on the questions to be answered and the law that governs the case.
Each party suggests the jury's instructions to the judge, but the judge chooses the final wording. Jury group: the group of people from whom the actual jury is chosen. The jury is randomly selected from a source, such as voter registration banks. The attorneys in the case choose real jurors from the jury group through a process called voir dire. Jurisprudence: the study of the law and the structure of the legal system.
Legal Secretary (or Staff Attorney): Assists judges in researching and drafting opinions. Librarian: meets the information needs of judges and lawyers. Trial judges: Judicial officers who help U.S. district court judges prepare cases for trial.
Some criminal and civil lawsuits may be decided when both parties agree to have the case heard by a trial judge rather than a district court judge. Void trial: an invalid judgment caused by a fundamental error. When the trial is declared void, the trial must begin all over again, beginning with the selection of a new jury. Objection: A protest from an attorney challenging a statement or question made at trial.
Common objections include having a lawyer “guide” the witness or having a witness make a statement that is hearsay. Once an objection is filed, the judge must decide whether to allow the question or statement. Oral argument: an opportunity for lawyers to summarize their position before the court in an appeal and also to respond to questions from judges. Panel: (in appellate cases, a group of judges (usually three) assigned to decide the case; (in the jury selection process, the group of potential jurors).
Minor jury (or trial jury): group of citizens who hear the evidence presented by both parties in the trial and determine the controversial facts. Federal criminal juries are comprised of 12 people. Federal civil juries consist of six people. Plea agreement (or plea agreement): Agreement between the defendant and the prosecutor in which the defendant pleads guilty in exchange for a concession from the prosecutor.
It may include minor charges, the dismissal of the charges, or the prosecutor's recommendation to the judge for a lighter sentence. Preliminary hearing: hearing in which the judge decides if there is sufficient evidence to require that the defendant go to trial. Preliminary hearings don't require the same rules as trials. For example, rumors are usually admissible during the preliminary hearing, but not during the trial.
Pre-trial meeting: Meeting between the judge and lawyers to discuss what issues should be presented to the jury, review evidence and witnesses, set a schedule, and discuss the solution of the case. Sometimes, jurors stay away from outside influences during their deliberations. Sidebar: a conference between the judge and the lawyers held out of reach of the jury and spectators. Suspension: Temporary pause or suspension of a judicial proceeding.
Suspensions are generally designed to end at the conclusion of a specific event (for example, a summary judgment: a decision made on the basis of statements and evidence submitted for record without trial).It is used when there is no controversy as to the facts of the case and one of the parties has the right to be tried as a matter of law. Temporary Restraining Order: Prohibits a person from taking an action that could cause irreparable harm. This differs from a court order in that it can be granted immediately, without prior notice to the opposing party and without a hearing. It is expected to last only until a hearing can be held.
Testimony: Evidence presented orally by witnesses during trials or before a grand jury. Tort: A civil offense or the breach of a duty to another person as established by law. A very common tort is the negligent operation of a motor vehicle that causes property damage and personal injury in a car accident. Attorney (or federal prosecutor): attorney appointed by the president in each judicial district to prosecute and defend cases on behalf of federal government.
Verdict: The decision of a smaller jury or judge. Voir dire: process by which judges and lawyers select a small jury from among those who are eligible to serve on the jury, questioning them to determine if they know the facts of the case and if they are willing to decide the case solely on the basis of the evidence presented to the court. Voir dire is a phrase that means to tell the truth. Witness: a person summoned by either party to a lawsuit to testify before the court or jury.
Executive Office of United States Attorneys, United States Department of Justice, 950 Pennsylvania Avenue NWRoom 2242 Washington, DC 20530-0001. The exact nature of an attorney's work varies depending on the legal jurisdiction and legal system, as well as the lawyer's area of practice. In many jurisdictions, the legal profession is divided into several branches, including lawyers, attorneys, transporters, notaries, and canon lawyers who perform different law-related tasks. An attorney (also called an attorney, attorney or counselor) is a licensed professional who advises and represents to others in legal matters. Today's lawyer may be young or old, male or female.
Nearly a third of all attorneys are under the age of thirty-five. Nearly half of today's law students are women and, ultimately, women may be as numerous in the profession as men. Working as a lawyer generally involves the practical application of abstract legal theories and knowledge to solve specific problems. In general, geographical limitations can be problematic for an attorney who discovers that his client's cause requires him to litigate in court beyond the normal geographical scope of his license. Many states also have provisions for attorneys to participate in specific cases in states where they are not licensed.
Entertainment attorneys represent athletes, artists, musicians, actors, and other media-related clients or brands. Order of certiora: order issued by the Supreme Court ordering the lower court to transmit the records of a case in which will hear on appeal. An attorney specializing in medical malpractice specializes in cases where patients have been harmed due to the negligence or errors of their healthcare professional. To be licensed in more than one state, an attorney generally must meet each state's bar association admission requirements.
Family attorneys may work in smaller law firms that specialize in family law or in non-profit organizations. A real estate lawyer specializes in real estate transactions, whether you buy, sell, or lease. It's also wise to compare the costs of different attorneys to ensure you're getting a fair price for what you need. In some merged common law jurisdictions, the relationship between the client and the lawyer begins with an initial interview in which the lawyer knows the client personally, after which he discovers the facts of the client's case, clarifies what the client wants to achieve, and shapes the client's expectations as to what can actually be achieved.
On a daily basis, a business lawyer can conduct legal research, draft and review legal documents, and negotiate contracts. Government attorneys are found at the federal, state, or local levels, and in all three branches of government. Some types of lawyers can benefit from strong interpersonal skills; others are based on their analytical skills.
