Legal Glossary

Acquittal

Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt

Action

Legal proceedings.

Actus reus

A Latin phrase that means the "guilty act" which, when proved beyond a reasonable doubt in combination with the mens rea, i.e. the "guilty mind", produces criminal liability in common law-based criminal law

Adversarial system

In court, the evidence is tested under the adversarial system; two parties in a contest to have their view of the facts accepted by the court.

Advocate

A lawyer who speaks on behalf of their client. A witness is not an advocate.

Affidavit

A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.

Affirmation

A formal declaration made by a witness before they give their evidence to say that they will tell the truth. If a witness lies having affirmed in court, they may be charged with perjury. An affirmation carries the same weight as taking the oath. Appeal Where someone is unhappy with a court decision, they may be able to ask a higher court to reconsider what the first court decided.

Allegation

A charge made against someone or something before proof has been found

Arraignment

A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.

Bail

Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his appearance on the day and time appointed.

Barrister

A qualified lawyer. They are asked to work on cases by solicitors, not directly by the public. They can do cases in all courts. They work from chambers, are self-employed sole traders and wear wigs and gowns in certain courts (UK)

Bench trial

Trial without a jury in which a judge decides the facts.

Brief

The document summarising the case that is prepared by a solicitor and sent to the barrister so they can appear in court.(UK)

Brief

A written statement submitted by the lawyer for each side in a case that explains to the judges why they should decide the case or a particular part of a case in favour of that lawyer's client.

Burden of proof

Who has to prove a fact; this is generally the prosecution in a criminal case.

Case

A particular legal proceeding.

Case law

The law as laid down in cases that have been decided in the decisions of the courts.

Case management conference

A hearing in civil cases, where the judge gives or confirms directions for the future of the case. At this stage, an agenda may be set out for any experts a date for a meeting, a request for a statement of issues and a deadline for the return of this to court.

Causation

The relationship between what happened and any injury suffered.

Chain of Custody

The identity of persons who handle evidence between the time of commission of the alleged offence and the ultimate disposition of the case.

It is the responsibility of each transferee to ensure that the items are accounted for during the time that it is in his or her possession, that it is properly protected, and that there is a record of the names of the persons from whom they received it and to whom they delivered it, together with the time and date of such receipt and delivery.

Chambers

A judge's office.

Circumstantial evidence

All evidence except eyewitness testimony.

Civil law

Disputes between two people or organisations where one wants money or some form of remedy from the other because of something that happened.

Claim form with particulars of case (replaces statement of claim and writ)

A formal document in civil cases produced by the claimant, giving their view of the case and what they want if they win.

Claimant

The person who takes the case to a civil court against the defendant.

Client

Someone involved in a case that has a solicitor representing them. The expert witness's client is the instructing solicitor, not the party.

Common law

The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.

Compensation

Money paid to someone who has been injured. It is intended to put them back into the same position they would have been in before the injury.

Complaint

A written statement by the plaintiff stating the wrongs allegedly committed by the defendant

Conduct money

The money repaid to a witness of fact for the cost of transport from home to court, plus a fee, plus any loss of pay.

Conference or consultation

A meeting between a barrister and the solicitor, client or witness.

Contra preoferentem or preferendum

This is the rule in contract law that is applied when interpreting a clause, especially an exclusion clause, in an action that says that, where ambiguity as to a terms meaning exists, it should be read against the party who wrote it. That is, the preferred interpretation will be the one that helps the party who drafted it the least

Contract

An agreement between two or more persons that creates an obligation to do or not to do a particular thing.

Conviction

A judgement of guilt against a criminal defendant.

Corpus delicti

Literally interpreted as meaning the 'body of the crime'; refers to those essential facts that show a crime has taken place.

Costs

The legal and other expenses in taking a matter to court.

Costs Judge (previously Taxing Master)

A procedural judge who assesses legal fees to see they are fair.

Counsel

Traditionally, the term used to refer to a barrister (UK).

Counsel

Legal advice; a term used to refer to lawyers in a case.

Counterclaim

A claim that a defendant makes against a plaintiff.

Court

Formal place where decisions are made between competing sides. Hearings follow a set procedure and are generally open to the public.

Court

Government entity authorized to resolve legal disputes. Judges sometimes use "court" to refer to themselves in the third person, as in "the court has read the briefs." (US)

Court bundle

The documents relevant to the case used in court. They are set out in order and numbered.

Cross-examination

The set of questions asked of a witness in court by the lawyer who represents the party who opposes the party who called that witness. The intention is to test and discredit the witness's evidence. Cross-examination follows examination-in-chief.

Damages

Money awarded by the court as compensation to the claimant.

Decision

The judgment of the court.

Default judgement

A judgement rendered because of the defendant's failure to answer or appear.

Defendant

In a criminal case, this is the person being prosecuted, generally by the CPS. In a civil case, the action is brought against this person.

Defendant

In a civil suit, the person complained against; in a criminal case, the person accused of the crime.

Deposition

An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.

Disclosure (previously Discovery)

In the lead up to a civil court case, the defendant and claimant must disclose or discover all the relevant evidence. There should be no surprise evidence at the trial.

Discoverable data

Electronic data that can be obtained by an opponent in a litigation process.

Discovery

The efforts to obtain information before a trial by demanding documents, depositions, questions and answers written under oath, written requests for admissions of fact, and the examination of the scene, for example.

Docket

A log containing brief entries of court proceedings.

Evidence

The means by which something is proved. Written evidence may be statements, reports, or other documents. Oral evidence is the spoken evidence of witnesses in court.

Examination-in-chief

The questions asked of a witness in court by the lawyer who represents the party who has asked that witness to give evidence. The intention is to allow the witnesses to give evidence, which proves the case the lawyer is presenting.

Exculpatory

Evidence that proves the innocence of the accused.

Exhibits

Items used in court to prove a case.

Expert witness

Expert witnesses are asked by solicitors to give an independent opinion on a case. They will not have been involved with the actual incident but will look at all the paperwork, may see a patient for example, or visit a scene and interview others. They will have a specialist field. In court, they are there to assist the court in understanding the case.

Fast track

Claims where the sum at stake is more than £5,000 but not more than £15,000 are usually allocated to the fast track. It is a means of rapidly resolving disputes of a relatively low value in a manner proportionate to the amount claimed.

Felony

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

File

To place a paper in the official custody of the clerk of court to enter into the files or records of a case.

Guilty

This word is only used in criminal trials.

It means the defendant is guilty of, i.e. responsible for, the criminal offence.

Hearsay

Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.

Indictment

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.

Injunction

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

Injury

Where someone is hurt and can claim money from the person who caused that hurt.

Innocent

The opposite of guilty, used only in criminal trials.

A defendant is innocent of the crime charged unless, and until, found guilty by the court.

Interrogatories

Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.

Issue

(1) The disputed point in a disagreement between parties in a lawsuit. (2) To send out officially, as in to issue an order.

Judge

A qualified lawyer who makes decisions in court.

Judgment

The decision of the judge.

Jurisdiction

The right of a court to make decisions regarding a specific person (personal jurisdiction) or a certain matter (subject matter jurisdiction).

Jury

Members of the public who decide guilt or innocence in criminal cases at a Crown Court or the cause of death at a Coroner's Court.

They reach a verdict.

There is no jury in civil cases except in defamation cases.

Lawyer

Includes both banisters and solicitors.

Lay witness

A witness not considered an expert in a particular field.

Legal aid

Taxpayers' money used to help people going to court who cannot afford the full fees of lawyers. In part, it is a loan because, if that person gets money because of the case, they may have to give some of it back to the state (UK).

Liable/liability

Generally used in civil trials e.g. personal injury.

It means responsible for the alleged 'injury' e.g. a Health Authority was held liable for failing to maintain a safe working environment; the doctor was held to be liable for negligence in failing to give the patient the correct treatment.

If someone is found liable by the court or admits liability then they will be responsible for paying damages.

Master

A procedural judge (UK)

Mens rea

A Latin phrase meaning Latin for a "guilty mind," or criminal intent in committing the act

Misdemeanour

Usually a petty offence, a less serious crime than a felony, punishable by less than a year of confinement.

Mistrial

An invalid trial, caused by fundamental error. When a mistrial is declared, the trial must start again from the selection of the jury

Multi track

The track for any claim not on the small claims track or fast track, i.e. claims over £15,000 or unusually complex matters.

Nolo contendere

No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.

Oath

A formal religious declaration made by a witness, before they give their evidence, to say that they will tell the truth.

If a witness lies having taken an oath in court, they may be charged with perjury.

An oath carries the same weight as an affirmation.

Obiter dicta

A Latin phrase referring to the remarks of a judge which are not necessary to reaching a decision, but are made as comments, illustrations or thoughts

Opinion

A judge's written explanation of a decision of the court or of a majority of judges. A dissenting opinion disagrees with the majority opinion because of the reasoning and/or the principles of law on which the decision is based. A concurring opinion agrees with the decision of the court but offers further comment.

Opinion evidence

The view of an independent expert in a specialist field on the facts of the case.

Oral argument

An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.

Panel

(1) In appellate cases, a group of judges (usually three) assigned to decide the case; (2) In the jury selection process, the group of potential jurors.

Parties

Plaintiffs and defendants (petitioners and respondents) to lawsuits, also known as appellants and appellees in appeals, and their lawyers.

Party

Someone who is involved in a civil case, the claimant or the defendant. Sometimes a third party is also involved.

Payment into court

Where one party in a civil case gives money to the court to try to end the case. The other party can withdraw that money and end the case. If they do not, then they are liable for the legal costs of the case from then on, if the judge orders a lesser sum to be paid at the trial. Both parties can now make payments into court.

Plaintiff

The person who files the complaint in a civil lawsuit.

Plea

In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.

Pleadings

Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.

Precedent

A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.

Pre-trial conference

A meeting of the judge and lawyers to discuss which matters should be presented to the jury, to review evidence and witnesses, to set a timetable, and to discuss the settlement of the case.

Prima facie

Latin phrase which means 'at first look'

Probable cause

Indication that a crime has been committed, evidence of the specific crime exists, and the evidence for the specific crime exists at the place to be searched.

Probation

A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.

Procedure

The rules for the conduct of a lawsuit; there are rules of civil, criminal, evidence, bankruptcy, and appellate procedure.

Prosecute

To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.

QC

Queens Counsel (UK)

Queen's Counsel

A senior barrister (UK)

Also known as a 'Silk' (UK)

Ratio decidendi

A Latin phrase meaning the reason for the decision

Reasonable

Used in defining negligence (see above). The standard or test for the court is, for example, did the doctor do what a reasonable doctor would have done in the same situation.

Record

A written account of all the acts and proceedings in a lawsuit.

Recorder

A type of judge.

Re-examination

The set of questions asked of a witness in court by the lawyer who represents the party who has asked that witness to give evidence. This follows the cross-examination. The aim is to repair damage done under cross-examination, and clarify and explain any matters arising under cross-examination.

Res ipsa loquitur

A Latin phrase meaning the thing speaks for itself

A party may suggest that the only way something could have occurred was if the other party was negligent.

Search warrant

The legal document that allows law enforcement to search an office, place of business, or other locale for evidence relating to an alleged crime.

Section 9 statement (UK)

In criminal cases, witnesses make statements in a format defined by law.

The statement sets out what the witness has to say that is relevant to the case. There is a declaration signed by the witness stating that the contents are true. The purpose of a section 9 statement is to avoid that witness having to give evidence from the witness box.

The lawyers will look at the statement and if the content is agreed, the witness does not need to come to court. The contents of the statements are then read to the court.

If the contents are not agreed, the witness will have to give oral evidence. They may re-read their section 9 statement before going into the courtroom, but may not take it into the witness box.

However, sometimes the lawyers will ask questions about the content of the section 9 statement and the judge will allow the witness to have a copy.

Generally, the lawyers are looking for inconsistencies, for example, between what was in the statement and what was said in oral evidence.

Sentence

The punishment ordered by a court for a defendant convicted of a crime.

Settlement

An agreement between the parties to end the case without going to the very end of a trial.

Silk

A Queen's Counsel (UK).

Small claims track

Disputes worth less than £5,000 are resolved on this track, in a relatively informal manner.

Solicitor

A qualified lawyer (UK).

They instruct barristers to 'appear', i.e. speak, on behalf of their clients in certain courts.

Solicitors do not wear wigs (white ones that is, as worn by barristers - they may wear toupees or rugs, but that is their personal preference - not a requirement of the court).

Standard of proof

The level of proof a person has to attain so that the court will decide in their favour.

In criminal cases, the level is beyond reasonable doubt.

In civil cases, it is on the balance of probabilities.

Statements of case

Documents that each party produces setting out their view of the case in civil claims.

They cover the particulars of claim and defence.

Subpoena

A command to a witness to appear and give testimony.

Subpoena duces tecum

A command to a witness to produce documents.

Temporary restraining order

Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.

Testimony

Evidence presented orally by witnesses during trials or before grand juries.

Transcript

A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.

Trial

A hearing in court to determine an issue.

U.S. attorney

A lawyer appointed by the President in each judicial district to prosecute and defend cases for the federal government.

Verdict

The decision of a jury or a judge.

Vicarious liability

Where some person or organization is legally liable for what someone else has done, e.g. a health authority may be liable for the work done by an occupational therapist employed by them.

Voir dire

The process of qualifying a witness as an expert in their particular field.

Warrant

A written order directing the arrest of a party. A search warrant orders that a specific location be searched for items, which if found, can be used in court as evidence.

Without prejudice

Without pre judging an issue.

A party may suggest to the other party that the case be ended on certain terms without admitting or pre judging anything.

If the case goes to a court, the judge will not be told of the suggestion.

Witness

A person called upon by either side in a lawsuit to give testimony before the court or jury.

Witness of fact

Someone who saw, heard or did something or knew what was going on.

Writ

A formal written command, issued from the court, requiring the performance of a specific act.