An official website of the United States government Official websites use. gov A. The gov website belongs to an official government organization of the United States. Acquittal: sentence according to which the guilt of a criminal defendant has not been proven beyond of any reasonable doubt.
Confirmed: Judgment handed down by appellate courts in which the decree or order is declared valid and will be maintained as decided in the lower court. Alford Declaration: A statement by the defendant that allows him to assert his innocence, but allows the court to sentence the defendant without holding a trial. Basically, the defendant admits that the evidence is sufficient to prove his guilt. This statement is often made for the purpose of negotiating a settlement with the prosecutor on minor charges or a sentence.
Accusation: Something that someone says happened. Appeal: A request made after a trial asking another court (usually the appellate court) to decide if the trial was conducted properly. To submit such a request is to appeal or file an appeal. Both the plaintiff and the defendant can appeal, and the party that does so is called the appellant.
Appeals can be filed for a variety of reasons, including an incorrect procedure and asking the court to change its interpretation of the law. Appeal: on appeals; an appellate court has the power to review the judgment of another court or lower court. Accusation of charges: Procedure in which a person accused of committing a crime appears in court, is informed of the charges, and is asked to plead guilty or not guilty. Bankruptcy: refers to statutes and judicial proceedings involving individuals or companies that cannot pay their debts and request the help 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 choose to have 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. Binding precedent: a previous court decision that must be enforced without a compelling reason or without significantly different facts or issues. Courts are often subject to decisions from appellate courts with authority to review their decisions.
For example, district courts are subject to decisions of the appellate court that can review their cases, and all courts, both state and federal, are subject to decisions of the Supreme Court of the United States. Offense punishable by capital punishment: a crime punishable by death. In the federal system, it applies to crimes such as first-degree murder, genocide, and treason. Jurisprudence: the use of court decisions to determine how other laws (such as laws) should be applied in a given situation.
For example, a trial court may use a previous Supreme Court decision that has similar problems. Indictment: The law that the police believe the defendant has broken. Indictment presented to 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.
Circumstantial evidence: Any evidence other than direct evidence (such as eyewitness testimony). 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. Common Law: The legal system that originated in England and is now used in the United States. It is based on court decisions rather than on laws passed by the legislature.
Continuation: A judge's decision to postpone the trial until a later date. Contract: an agreement between two or more people that creates an obligation to do or not to do a particular thing. Conviction: Guilty sentence against a criminal defendant. Lawyer: legal advice; a term used to refer to attorneys in a case.
Counterclaim: A claim that a defendant files against a plaintiff. Often, counterclaims can be brought in the same proceeding as the plaintiff's lawsuits. 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.
Judicial journalist: a person who makes a word-for-word record of what is said in court and produces a transcript of the process if requested. Cross-examination: questioning of a witness by the other party's lawyer. Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate plaintiffs for their injuries. Absent judgment: Judgment handed down because the defendant did not respond or did not appear.
Respondent: in a civil lawsuit, the person being sued; in a criminal case, the person accused of the crime. Defense table: table where the defense attorney sits with the defendant in the courtroom. Deposition: An oral statement made before an officer authorized by law to take oaths. These statements are often taken to question potential witnesses, to obtain their discovery, or to be used later in the trial.
Direct evidence: Evidence that supports a fact without inference. Discovery: Examination by attorneys, before trial, of the facts and documents held by opponents to help attorneys prepare for the trial. File: A record containing brief entries of court proceedings. 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 may 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 sitting on the bench. Evidence: Information presented in testimony or in a document that is used to persuade the investigator (judge or jury) to decide the case by one party or another.
Exculpatory evidence: Evidence that tends to prove the defendant's innocence. Evidence: physical evidence or documents that are presented in a judicial procedure. Common exhibits include contracts, weapons, and photographs. 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. Felony: A crime that carries a penalty of more than one year in prison. File: placing a document in the official custody of the court clerk to be incorporated into the files or records of a case. Lawyers must submit a variety of documents over the life of a case. 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. Habeas corpus: a resource often used to bring a prisoner to court to determine the legality of their imprisonment. A prisoner who wants to argue that there is no sufficient cause to be imprisoned will file a writ of habeas corpus.
It can also be used to bring a detained person to court to testify or to be prosecuted. Hearing testimony: statements from a witness who did not see or hear the incident in question, but who learned about it through second-hand information, such as someone else's statement, a newspaper, or a document. Rumors are generally not admissible as evidence in court, but there are many exceptions to that rule. Accusation: The process of questioning something, such as challenging the testimony of a witness.
Incriminating evidence: Evidence that tends to prove the defendant's guilt. Indictment: Formal charge issued by a grand jury stating that there is sufficient evidence that the defendant committed the crime to justify holding a trial; used primarily for serious crimes. In forma pauperis - In a poor man's way. Permission granted to a person to sue without paying court fees for indigence or poverty.
Information: A formal accusation by a government lawyer that the defendant committed a misdemeanor. 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: A court order that prohibits (or requires) performing a specific act to prevent irreparable harm or injury. Interview: meeting with the police or prosecutor. Subject matter: (The controversial point in a disagreement between the parties in a lawsuit.
To ship officially, that is, to issue an order. Judge: Government official with authority to decide lawsuits brought before 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 tried in both 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 generally only decide a case that arose out 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 and criminal lawsuits must have twelve.
Instructions for the jury: The judge explains to the jury, before starting deliberations, 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 the juries themselves from among the jurors through a process called voir dire.
Jurisprudence: the study of the law and the structure of the legal system. Lawsuit: legal action initiated by a plaintiff against a defendant based on a complaint alleging that the defendant failed to comply with a legal obligation, resulting in harm to the plaintiff. Legal Secretary (or Staff Attorney): Assists judges in researching and drafting opinions. Librarian: meets the information needs of judges and lawyers.
Litigation: a case, controversy, or lawsuit. The participants (plaintiffs and defendants) in the lawsuits are called litigants. 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. Misdemeanor: Usually a misdemeanor, a less serious offense than a felony, punishable by less than one year in prison. Void trial: an invalid judgment caused by a fundamental error. When a trial is declared void, the trial must begin all over again, beginning with the selection of a new jury. Motion: Attempt to get the court to hear a limited matter.
Motions can be filed before, during, and after the trial. It has the same effect as the guilty plea when it comes to the criminal sentence, but the plea cannot be considered an admission of guilt for any other purpose. Sometimes, a guilty plea can later be used to prove guilt in a lawsuit, but the declaration of nolo contdere forces the plaintiff in the lawsuit to prove that the defendant committed the crime. Oath: Promise to tell the truth.
Objection: A lawyer's protest, challenging a statement or question made at trial. The most common objections include having an attorney “guide” the witness or having a witness make a statement that is a rumor. 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 members of the jury).
Parties: plaintiffs and defendants (petitioners and defendants) in lawsuits, also known as appellants and appellants in appeals, and their attorneys. Minor jury (or trial jury): group of citizens who hear the evidence presented by both parties in the trial and determine the facts in dispute. Federal criminal juries are comprised of 12 people. Federal civil juries consist of six people.
Plaintiff: The person who files the complaint in a civil lawsuit. Guilty plea: In a criminal case, the statement of the defendant pleading guilty or not guilty in response to charges at a public hearing. You can also file a declaration of no contention or a statement from Alford. A guilty plea allows the defendant to waive a trial. 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. Precedent: judicial decision issued in a previous case with facts and laws similar to those of a dispute that is currently being processed before a court. Usually, precedent will govern the decision of a subsequent similar case, unless one of the parties can show that it was wrongly decided or that it deferred in a significant way. Some precedents are binding, meaning they must be respected.
There is no need for the court to follow other precedents, but they can be considered influential. Procedure: the rules for processing a lawsuit; there are rules of civil, criminal, evidentiary, bankruptcy, and appellate procedure. Preliminary hearing: hearing where the judge decides if there is sufficient evidence to require the defendant to 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. Probable cause: number of suspicions that lead one to believe that certain facts are probably true. The Fourth Amendment requires probable cause for the issuance of an arrest or search warrant.
Probation: An alternative sentence to imprisonment in which the court releases convicted defendants under supervision provided that certain conditions are met. Probation officers (or officers of the pre-trial detention services): screen applicants for provisional release and monitor convicts released under judicial supervision. Pro se: Latin term that means to act in their own name; in courts, it refers to people who present their own cases without a lawyer. Prosecute: accusing someone of a crime.
A prosecutor judges a criminal case on behalf of the government. Public Defenders: They represent defendants who cannot afford an attorney in criminal matters. Pretrial detention: When an appellate court returns a case to a lower court to continue with the procedure. Often, the lower court is required to do something different, but that doesn't always mean that the court's final decision will change.
Journalist: Keeps a record of court proceedings, prepares a transcript, and publishes the court's opinions or decisions. Revocation: When an appellate court overturns a lower court's decision due to an error. The revocation is usually followed by pre-trial detention. For example, if the defendant argued on appeal that certain evidence should not have been used in the trial, and the appellate court agrees, the case will be remanded to pre-trial detention for reconsideration by the trial court without that evidence.
Search warrant: orders that objects be searched in a specific location that, if found, can be used in court as evidence. Search warrants require probable cause in order to be issued. Sentencing: The punishment ordered by a court for a defendant convicted of a crime. Federal courts take into account the guidelines of the United States Sentencing Commission when deciding the appropriate punishment for a given crime.
Delivery of the process: notification of orders or citations to the appropriate party. Settlement: The parties to a lawsuit settle their difference without having to hold a trial. Settlements usually involve the payment of compensation by one party to satisfy the other party's claims. 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. Statement: Description that a witness gives to the police and that the police write down. Statute: law passed by a legislature. Statute of limitations: law that establishes the time period within which parties must take steps to assert their rights. Suspension: Temporary pause or suspension of a judicial proceeding.
Suspensions are generally designed to end when a specific event occurs (for example, a subpoena: an order for a witness to appear and testify). Duces Tecum subpoena: order addressed to a witness to submit documents. Summary judgment: a decision made on the basis of statements and evidence submitted for registration without a trial. It is used when there is no dispute as to the facts of the case and one of the parties has the right to pass judgment 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. Testify: Answer questions in court.
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 results in property damage and personal injury in a car accident. Trial: A hearing that takes place when the defendant pleads not guilty and the parties must appear in court to present evidence.
Confirm: an appellate court's decision not to overturn a lower court decision. Attorney (or federal prosecutor): Attorney appointed by the president in each judicial district to prosecute and defend cases on behalf of the federal government. Marshal (or bailiff): enforce rules of behavior in courtrooms. Headquarters: the geographical location where a case is being tried.
Verdict: The decision of a smaller jury or judge. Victim Advocate: Work with prosecutors and help victims of crime. Voir dire: process by which judges and lawyers select a small jury from among those eligible to serve, questioning them to determine if they know the facts of the case and 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.
Order of certiora: order issued by the Supreme Court ordering the lower court to transmit the records of a case that it will hear on appeal. Usually, the Supreme Court is not required to hear case appeals. The denial of the “certificate” by the Supreme Court allows the previous ruling to be upheld. Executive Office of the United States Attorney, United States Department of Justice, 950 Pennsylvania Avenue, NWRoom 2242 Washington, DC 20530-0001 Do you have a question about government services? In a criminal case, the accused person is called the defendant.
Defendants are represented by an attorney, who may be an attorney from the Federal Public Defender's Office if they can't afford private counsel. It's important to keep in mind that while they may seem similar, their daily schedules and the way they approach a case can vary greatly. Below, we outline some of the main differences, from objectives to job description, workload, salary, and some famous examples. Defense attorneys can be accurately considered to be law enforcement officers. When representing a solitary person against all the power of the State, the lawyer must “monitor” the police to determine if there has been an unconstitutional search, a forced confession, an illegal list of suggestions, or the falsification of testimony.
The defense attorney must try to ensure that the prosecutor meets the professional requirement not only to convict, but also to do justice and fulfill his obligations to hand over Brady-related material to the defense. Perhaps most difficult of all is the need to remind the judge of the constitutional mandate and professional obligation to protect the rights of the accused, rather than treating him as a list number to be processed quickly and sent to the jail. A public defender is an attorney appointed to represent individuals who otherwise cannot reasonably afford an attorney to defend themselves in a trial. A number of countries provide public defenders to individuals, such as the United Kingdom, Belgium, Hungary and Singapore, and some states in Australia.
Brazil is the only country where the Constitution establishes a law office paid by the government for the specific purpose of providing full legal assistance and free representation to people in need. The Sixth Amendment to the United States Constitution, as interpreted by the Supreme Court, requires that the United States government provide legal advice to indigent defendants in criminal cases. Public defenders in the United States are attorneys employed by or under contract with county, state, or federal governments. Defense attorneys must fight against judges who, especially in minor crime cases, can set bail at a level they believe is too high for the defendant, and then tell him that, if he pleads guilty, the sentence will be “time served” and he will be released.
There are a small number of Public Defender's Service offices in England and Wales with lawyers directly employed by the Legal Aid Agency to provide advice in police stations and representation in trial and crown courts. Defense attorneys don't need a computer degree, but they need strategy, control, and the right questions to challenge the illusion of digital certainty in court. The Code of Professional Responsibility and the Model Rules of Professional Conduct do not provide for exceptions for public defenders. The lack of sufficient funding for defense services for indigent people is very scarce and, therefore, many defenders have such a large number of cases that it questions whether Gideon's mandate has been fulfilled.
A search warrant orders that objects be searched in a specific location that, if found, can be used as evidence in a court of law. However, what you wouldn't expect is that prosecutors will try to punish the defendant whose lawyer insists on filing motions. More correctly, a public defender is an attorney who works for a public defense office, a government funded agency that provides legal representation to indigent defendants. In the federal criminal court system and in some states and counties, representation is carried out through a publicly funded public defense office. Court-appointed attorneys are reimbursed shockingly low hourly rates and, in general, the maximum limits that will be reimbursed per case are totally inadequate.
