The person charged. The person who has allegedly committed the offence
Acknowledgement of service
When the particulars of a claim form (outlining details of the claim) are served on (delivered to) a defendant, they receive a response pack including a form which they must use to acknowledge they have received the claim. The defendant must file (return) the acknowledgment form within 14 days of receiving the particulars of the claim. The particulars can be served with, or separately from the claim form.
Acquittal
A decision by the trial jury or judge that a person is not guilty of an offense.
Acquittal
Discharge of defendant following verdict or direction of not guilty
Act
Law, as an act of parliament
Action
Proceeding taken in a court of law. Synonymous with case, suit lawsuit.
Action
see CLAIM
Actus Reus and Mens Rae
Actus reus translates to “guilty act” and mens rae translates to “guilty mind.” To prove that a defendant is guilty of a criminal act, a lawyer must prove both that a criminal act was committed, and that it was committed intentionally.
Adjourned generally or sine die
Temporary suspension of the hearing of a case by order of the Court (maybe for a short period, e.g. to next day or sine die). See LATIN TERMS
Adjournment
the postponing of the hearing of a case until a later date.
Adjudication
A judgment, decree or decision of a court, tribunal or adjudicator in alternative dispute resolution (ADR) cases where disputes are resolved outside of the court
Administration order
An order by a County Court directing a debtor to pay a specified monthly installment into Court in respect of outstanding debts. The Court retains the payments made and at intervals distributes it between the creditors on a pro-rata basis
Administrative Court
the Administrative Court is part of the High Court. It deals with applications for judicial review.
Admiralty Court
Part of the High Court. An admiralty claim is a claim for the arrest of a ship at sea to satisfy a debt.
Admission (including part admissions)
A party involved in a claim may admit the truth of all or part of the other party’s case, at any stage during proceedings. For example, a defendant may agree that he or she owes some money, but less than the amount being claimed. If the defendant makes an admission, the claimant may apply for judgment, on the admission.
Adoption
An act by which the rights and duties of the natural parents of a child are extinguished and equivalent rights and duties become vested in the adopter or adopters, to whom the child then stands in all respects as if born to them in marriage
Adultery
Voluntary sexual intercourse between a married person and another person who is not the spouse, while the marriage is still valid. This is a common fact relied on for divorce
Adversarial
Arrangements designed to bring out the truth of a matter, through adversarial (conflict based) techniques such as cross-examination.
Adversary system
Basic U.S. trial system in which each of the opposing parties has opportunity to state his viewpoints before the court. Plaintiff argues for defendant's guilt (criminal) or liability (civil). Defense argues for defendant's innocence (criminal) or against liability civil)
Advocate
A barrister or solicitor representing a party in a hearing before a Court
Affidavit
(see Statement) A written statement of evidence confirmed on oath or by affirmation to be true and taken before someone who has authority to administer it
Affirm
The assertion of an appellate court that the judgment of the lower court is correct and should stand.
Affirmance
A decision by an appeals court that upholds the decision of a lower court.
Affirmation
Declaration by a witness who has no religious belief, or has religious beliefs that prevent him/her taking the oath. They declare by affirmation that the evidence he/she is giving is the truth
Allegation
An assertion, declaration or statement of a party to an action made in a pleading, stating what he expects to prove.
The process by which a judge assigns a defended civil case, to one of three case management tracks, the small claims track, the fast track or the multi-track
Allocation questionnaire
A case (claim) is allocated to a case management track, when an allocation questionnaire has been returned completed by the people involved (parties) in the case. Reponses to the questionnaire provide a judge with information on case value and other matters, to assist him or her to allocate the case to the correct track
Alternate jurors
extra jurors chosen in case one of the twelve (or six) jurors become unavailable to serve during the trial.
Alternative dispute resolution
These are schemes such as arbitration and mediation which are designed to allow parties to find a resolution to their problem, without legal action. A party’s refusal to consider ADR could lead to sanctions (penalties) against that party, by a judge, even if the party wins the case
Amendment
The process by which corrections to court documents, such as statements of case, can be made. A statement of case can be amended at any time, before it is served or with permission of all other parties or the court, (once served). The court may reject the amendment, even if the party concerned has permission of other parties to the case
Amount offered in satisfaction
An amount of money offered by a defendant to pay a debt or to settle another type of claim, for example in a personal injury case
Ancillary relief
Additional claims (e.g. in respect of maintenance) attached to the petition for divorce/judicial separation/nullity
Annul
To declare no longer valid
Answer
A formal response to a claim, admitting or denying the allegations in the claim.
Appeal - Review of a case by a higher court.
Appeal
1. A defendant who has been found guilty of a crime may “appeal” his or her case, requesting that a higher court hear it. The appeals process may take a case from a local district court, to the Supreme Court of America.
2. Application to a higher court or other body for review of a decision taken by a lower court or tribunal. A request for review by a higher court of proceedings in a lower court. The higher court may overturn or uphold (i.e. reject) the lower court’s decision. Often, permission (leave) is required, to for an appeal to occur.
Appearance
1. The formal proceeding by which a defendant submits to the jurisdiction of the court. 2. A written notification to the plaintiff by an attorney stating the he is representing the defendant.
Appellant
A person appealing to a higher court or body against a decision made in a lower court or body
Appellate argument
A court proceeding at which an appeal is orally argued before appellate judges.
Appellate judges (Appeals Court)
Judges that decide an appeal.
Applicant
Person making the request or demand, e.g. person who issues an application
Application
The act of applying to a civil court to ask it to do something, for example to start proceedings
Application for a stay
A request to be released while an appeal is pending.
Apportioning
To place or assign
Appraisement or appraisal
Valuation of goods seized under warrant of execution prior to sale
Arbitration
A process in which both sides agree to use an independent arbitrator (an impartial person) who gives a binding decision in the matter. The hearing and settlement of a dispute between opposing parties by a third party whose decision the parties have agreed to accept.
Arbitrator
The person making the claim (claimant) has to choose between going to arbitration and court – it is not usually possible to take a claim to court after it has been through arbitration
Arraignment
The procedure in which an accused person is brought before the court to answer charges. The accused may admit guilt or plea “not guilty.” If the accused pleas “not guilty,” a date for trial will be arranged.
A court proceeding at which a person is informed of the charges against him or her. There is a day arraignment court from 9:00 a.m. to 5:00 p.m., and an evening arraignment court from 5:00 p.m. to 1:00 a.m., in each borough. In Manhattan, there is also a "lobster shift" arraignment court, which is open on Thursday, Friday, and Saturday from 1:00 a.m. to 9:00 a.m
Arrest
The act of being taken into custody by the police.
Assisted person (legally)
A party to legal proceedings who is receiving legal aid
Assured tenancy
A tenancy defined by the Housing Act 1996 where the tenant enjoys security of tenure
At issue
The time in a lawsuit when the complaining party has stated his claim and the other side has responded with denial and the matter is ready to be tried.
Attachment of earnings order
An order that instructs an employer to deduct a regular amount, fixed by the court, from a debtor's earnings and to pay that money into court. The court pays the money to the person or people to whom it is owed
Attorney at law
A lawyer; one who is licensed to act as a representative for another in a legal matter or proceeding.
Attorney of record
An attorney , named in the records of a case, who is responsible for handling the cause on behalf of the party he represents.
Automatic transfer
Providing that a number of criteria are met, proceedings must be transferred automatically to the court nearest to the defendant’s home.
Award
Result of an arbitration hearing or the amount of damages assessed by a Court
Bail
By posting bail an accused person (or a relative, spouse, associate, or friend of an accused person) secures his or her release from jail while awaiting trial. Bail money is held to guarantee that the accused party will appear before trial. Bail money is returned after the trial is complete, minus any applicable administrative fees.
Bailiff
Bailiffs and enforcement officers are people authorised to remove and sell possessions in order to pay the money a debtor owes to a person or an organisation. They may also conduct evictions, and arrest people.
A bailiff can also serve (deliver) court documents on people
Bankrupt
Insolvent - unable to pay creditors and having all goods/effects administered by a liquidator or trustee and sold for the benefit of those creditors; as a result of an order under the Insolvency Act 1986
Bankruptcy
A legal proceeding where a person or business is relieved of paying certain debts.
Best evidence - Primary evidence; the best evidence which is available; any evidence falling short of this standard is secondary.
Bar
The collective term for barristers
Barrister
(see Counsel; Silk) A member of the bar: a lawyer entitled to represent clients in all the courts
Bench warrant
A warrant, court order issued by the judge for an absent defendant to be arrested and brought before a Court
Beyond a reasonable doubt
The burden of proof that the prosecutor must meet at trial in proving that a person is guilty of an offense
Bill of costs
(see Taxation of costs, Summary assessment and Detailed assessment.
Bill of indictment
A written statement of the charges against a defendant sent for trial to the Crown Court, and signed by an officer of the Court
Bind over
In the Crown Court or (more usually) the Magistrates Court, and signed by an officer of the Court
Bind over for sentence
An order which requires the defendant to return to Court on an unspecified date for sentence. Failure to observe this order may result in a forfeit or penalty to be enforced
Bound / binding
A binding decision is one that must be obeyed by the people concerned. For example, it is not possible to go to court after a binding decision has been issued by an arbitrator
Brief
Written instructions to counsel to appear at a hearing on behalf of a party prepared by the solicitor and setting out the facts of the case and any case law relied upon, a legal document, prepared by an attorney which presents the law and facts supporting his client's case
Burden of proof
Measure of proof required to prove a fact. Obligation of a party to probe facts at issue in the trial of a case.
Business address
Premises or place from which business activities take place
Calendar
List of cases arranged for hearing in court.
Calendar part
A courtroom where a case is scheduled for further proceedings.
Calendared
Setting a date for court action to occur in a case.
Capital Defender's Office
Furnishes lawyers specially trained to defend individuals accused of homicides for which death is a possible sentence.
Capital Punishment
Capital punishment, or “the death penalty,” may be used as a punishment for persons who have committed capital offenses such as first-degree murder and treason. In the United States the death penalty is employed by electrocution, lethal injection, gas poisoning, hanging, or firing squad.
Caption
The caption of a pleading, or other papers connected with a case in court, is the heading or introductory clause which shows the names of the parties, name of the court, number of the case, etc.
Case
Any proceeding, action, cause, lawsuit or controversy initiated through the court system by filing a complaint, petition, indictment or information, an action, suit or claim in a court of law. It can also mean the arguments put forward by parties in a court of law
Case disposal
The case is taken out of the court process (see Disposal).
Case Management Conference (CMC)
This is a meeting between all parties to a case and the Judge to check the progress of the case, with regards to costs and other matters. The numbers of CMCs held depend on the complexity of the case
Case management tracks
Civil cases are allocated to one of three case management tracks, depending on financial value, issues of law and the likely duration (length) of the case. The three tracks are (i) the small claims track in which cases to the value of five thousand pounds can be considered and the claimant does not have to have legal representation (ii) the fast track for cases of value between five and fifteen thousand pounds and (iii) the multi- track for cases of value over fifteen thousand pounds. Legal representation is advisable in the fast and multi-tracks
Case number
A unique reference number allocated to each case by the issuing Court
Case value
The financial value of a case - known as case value - is one of the factors used to asses which track a case (claim) should be allocated to. See also case management tracks
Caseload
The number of cases a judge handles in a specific time period.
Cause of action
A legal claim.
Caution
i) Notice given to the Land Registry by any person with an interest in particular land to ensure that no action is taken in respect of the land without the person's knowledge ii) Warning, given by a Police Officer, to a person charged with an offence iii) Warning, given by a Police Officer, instead of a charge
Caveat
A notice given to the registrar that effectively prevents action by another party without first notifying the party entering the caveat
Central Booking
Police Department office where fingerprints and photographs are taken after an arrest.
Centralised Attachment of Earnings Payments (CAPS)
A computer system that manages attachments of earnings orders in bulk.
Certificate of Legal Aid Costs
A certificate of costs allowed following taxation by a judicial or taxing officer (Previously referred to as an Allocatur)
Certificate of service
A document stating the date and manner in which the parties were served (given) a document. For example where a claim form is served by the claimant court rule requires the claimant to file a certificate of service within seven days of service of the claim form otherwise he may not obtain judgment in default.
Certificate under penalty of perjury
A written statement, certified by the maker as being under penalty of perjury. In many circumstances, it may be used in lieu of an affidavit.
Certiorari
Procedure for removing a case from a lower court or administrative agency to a higher court for review.
Cessate
A grant of representation of limited duration which has ceased and expired
Challenge for cause
A request by a party that the court excuse a specific juror on the basis that the juror is biased. A motion to excuse a juror from serving on a jury because he or she could not be fair or for some other reason allowed by law.
Chambers
i) Private room, or Court from which the public are excluded in which a District Judge or Judge may conduct certain sorts of hearings ii) Offices used by a barrister
Chancery Division
The Chancery Division is part of the High Court It deals with cases involving land law, trusts and company law.
Charge
A formal accusation against a person that a criminal offence has been committed (see also Charging order)
Charging Order
A court order directing that a charge be put on the judgment debtors’ property, such as a house or piece of land to secure payment of money due. This prevents the debtor from selling the property or land - without paying what is owed to the claimant
Circuit Judge
A judge between the level of a High Court Judge and a District Judge, who sits in the County Court and/or Crown Court
Citation
Summons to appear in court. 2. Reference to authorities in support of a legal argument.
Citizen’s Advice Bureau (CAB)
A charity which can offer free legal and financial advice to the general public.
Civil
Matters concerning private rights and not offences against the state
Civil case or claim
A civil dispute that involves court action. See claim
Civil Justice or civil law
A branch of the law which applies to the rights and dealings of private citizens, (including such matters as unpaid debts, negligence and the enforcement of contracts). It does not include criminal, immigration, employment or family matters
Civil Justice Reforms
The result of the Access to Justice report by Lord Woolf The aim is to provide more effective access to Justice through quicker, cheaper and more proportionate justice for defended cases It introduced a unified set of Rules and Practice Directions for the County and High Courts, and Judicial Case Management The reforms came into effect on 26 April 1999
Civil Law
Civil law differs from criminal law in that: Accusations are brought forward by victims instead of the state or federal government.
Guilt is punishable by fines and/or loss of property or freedom instead of imprisonment.
The issues it handles are non-criminal in nature. All law that is not criminal law. Usually pertains to the settlement of disputes between individuals, organizations or groups and having to do with the establishment, recovery or redress of private and civil rights.
Civil Procedure
The rules and procedures to be followed for civil cases in the county courts and High Court
Civil Procedure Rules
The rules and procedures for proceedings in civil courts England and Wales. An important feature is active case management by the courts.
Claim
Proceedings issued in the County or High Court. Previously know as an Action. See also Civil case or claim. The assertion of a right to money or property.
Claim form
Proceedings in a civil court start with the issuing of a claim form. The form, which is issued by the court (after the claimant has filed the form in court), includes a summary of the nature of the claim and the remedy (compensation or amends) sought
Claimant
The person issuing the claim. Previously known as the Plaintiff
Clerk of the court
An officer of a court whose principal duty is to maintain court records and preserve evidence presented during a trial.
Closing argument
The closing statement, by counsel, to the trier of facts after all parties have concluded their presentation of evidence.
Code
A collection, compendium or revision of laws systematically arranged into chapters, table of contents and index and promulgated by legislative authority.
Codicil
An addendum signed and executed which amends or adds something to a will
Coercion
Coercion exists when an individual is forced to behave in a particular way, by threats of violence, for example. The person concerned does not act freely
Collaboration / collaborative
Working together to solve a problem
Commercial Court
Part of the Queen’s Bench Division of the High Court.
Commissioner of Oaths
Solicitors authorised by the Lord Chancellor to administer oaths and affirmations to a statement of evidence
Commit
To lawfully send a person to prison, a reformatory or an asylum
Committal
i) Committal for trial: Following examination by the Magistrates of a case involving and indictable or either way offence, the procedure of directing the case to the Crown Court to be dealt with ii) Committal for Sentence: Where the Magistrates consider that the offence justifies a sentence greater than they are empowered to impose they may commit the defendant to the Crown Court for sentence to be passed by a judge iii) Committal Order: An order of the Court committing someone to prison iv) Committal Warrant (see WARRANT OF COMMITTAL)
Common law
Law which derives its authority solely from usage and customs of immemorial antiquity or from the judgments and decrees of courts. also called "case law." The law established, by precedent, from judicial decisions and established within a community.
Comparative negligence
Negligence of a plaintiff in a civil suit which decreases his recovery by his percentage of negligence compared to a defendant's negligence.
Compensation
Usually a sum of money offered in recompense (to make amends) for an act, error or omission that harmed someone. The harm suffered may have been loss, personal injury or inconvenience
Competency
In the law of evidence, the presence of those characteristics which render a witness legally fit and qualified to give testimony.
Complainant
A person who makes a complaint
Complaint
1. (criminal) Formal written charge that a person has committed a criminal offense. 2. (civil) Initial document entered by the plaintiff which states the claims against the defendant.
Verified written accusation by a person.
Expressing discontent for something
Concurrent Jurisdiction
Some juvenile crime cases may fall under the jurisdiction of both the juvenile court system and the criminal court system. In such cases the prosecutor is allowed to choose where the case will be tried.
Concurrent Sentence
A direction by a Court that a number of sentences of imprisonment should run at the same time
Concurrent Writ
A duplicate of the original writ bearing the same date and expiring at the same time as the original
Conditional Discharge
A discharge of a convicted defendant without sentence on condition that he/she does not re-offend within a specified period of time. A sentence allowing for release from jail without supervision by the Department of Probation, but which requires compliance with conditions set by the court.
Conduct Money
i) Money paid to a witness in advance of the hearing of a case as compensation for time spent attending Court ii) Commonly used to describe expenses paid to a debtor to cover the costs of traveling to Court
Consecutive Sentence
An order for a subsequent sentence of imprisonment to commence as soon as a previous sentence expires. Can apply to more than two sentences.
Contempt of Court
Disobedience or wilful disregard to the judicial process.
In civil cases, for example, failing to appear as a witness without informing the court or the party that called you. A person found to be in civil contempt of court could be fined. Any act that is meant to embarrass, hinder or obstruct a court in the administration of justice. Direct contempt is committed in the presence of the court; indirect contempt is when a lawful order is not carried out or refused.
Contents of trial (civil)
see trial contents
Continuance
Adjournment of the proceedings in a case from one day to another.
Contributory Negligence
Partial responsibility of a claimant for the injury in respect of which he/she claims damages
Conviction
A finding of guilt of an offense, following either a guilty plea or a trial verdict.
Court of Appeals: The highest court in New York State, located in Albany, New York.
Co-respondent
A person named as an adulterer (or third person) in a petition for divorce
Corroborating evidence
Evidence supplementary to that already given and tending to strengthen or confirm it.
Corroboration
Evidence by one person confirming that of another or supporting evidence, for example forensic evidence (bloodstain, fibres etc) in murder cases
Costs
An allowance for expenses in prosecuting or defending a suit. Ordinarily does not include attorney's fees.
Costs (civil)
In civil proceedings the general rule is the person who wins the case is entitled to his or her costs. The court may decide to reduce the costs to be paid by the losing side if it feels that the winner has behaved unreasonably. The award of costs is at the court’s discretion
Counsel
A Barrister or solicitor in legal proceedings
Count
An individual offence set out in an indictment
Counter claim
Claim presented by a defendant in opposition to, or deduction from, the claim of the plaintiff.
Counterclaim
A claim made by a defendant against a claimant in an action. There is no limit imposed on a counterclaim, but a fee is payable according to the amount counterclaimed
County Court
County courts deal with civil matters such as disputes over contracts, unpaid debts and negligence claims. County courts deal with all monetary claims up to £50,000. There are 218 county courts in England and Wales. The county court is a court of the first instance – where civil cases start
County court judgment (CCJ)
A judgment of the county court that orders a defendant to pay a sum of money to the claimant. CCJs are recorded on the Register of County Court Judgments for six years and can affect a defendant’s ability to borrow money
Court
1. Place where justice is administered. 2. Judge or judges sitting on the court administering justice.
Court
Body with judicial powers (see also Courtroom)
Court administrator
Manager of administrative, non judicial affairs of the court.
Court commissioner
A judicial officer at both trial and appellate court levels who performs many of the same duties as judges and justices.
Court fees
The County Court will charge to issue a claim in a civil case and to launch enforcement proceedings if the defendant ignores the judgment of the court. You will also be charged if you make applications to the court
Court of Appeal
Divided into: i) civil and ii) criminal divisions and hears appeals: i) from decisions in the High Court and county courts and,
ii) against convictions or sentences passed by the Crown Court, (see also Public trustee Monies held in Court, in the name of the Accountant General, for suitors, minors, Court of Protection patients etc)
Court of appeals
Intermediate appellate court to which most appeals are taken from superior court.
Court of Protection
The branch of the High Court with jurisdiction over the estates of people mentally incapable of handling their own financial affairs
Court sanction
See sanction
Court superior
State trial court of general jurisdiction.
Court supreme
"Court of last resort." Highest court in the state and final appellate court.
Courtroom
The room in which cases are heard
Courts of limited jurisdiction
Includes district, municipal and police courts.
Covenant
A formal agreement or a contract constituting an obligation to perform an act
Creditor
A person to whom money is owed by a debtor
Crime
If a person fails to act in accordance with the law, he or she has committed a crime. State and federal laws determine what constitutes a crime. Minor offenses are referred to as misdemeanors and major offenses are referred to as felonies. Conduct declared unlawful by a legislative body and for which there is a punishment of a jail or prison term, a fine or both.
Criminal
Person who has been found guilty of a criminal offence
Criminal Court
The court where criminal proceedings begin. Misdemeanor cases remain in this court.
Criminal Justice Agency (C.J.A.)
An organization whose employees interview individuals who have been arrested to find out about their backgrounds in order to help judges decide whether to set bail, order release without bail (R.O.R.), or order confinement in jail while a case is pending.
Criminal Law
Criminal law is concerned with cases in which a crime has been committed. Criminal cases are brought to trial by the state or the federal government, and criminal offenses may be punished by fines and/or imprisonment. Crimes are specified as misdemeanors or felonies.
Body of law pertaining to crimes against the state or conduct detrimental to society as a whole. Violation of criminal statues are punishable by law.
Cross examination
The questioning of a witness by the party opposed to the one who produced the witness.
Crown Court
The Crown Court deals with all crime committed for trial by Magistrates Courts. Cases for trial are heard before a judge and jury. The Crown Court also acts as an appeal Court for cases heard and dealt with by the Magistrates. The Crown Court can also deal with some civil and family matters.
The Crown Court is divided into tiers, depending on the type of work dealt with.
First Tier
Defended High Court Civil work.
All classes of offence in criminal proceedings.
Committals for sentence from the Magistrates' Court.
Appeals against convictions and sentences imposed at Magistrates' Court.
Second Tier
All classes of offence in criminal proceedings.
Committals for sentence from Magistrates' Court.
Appeals against convictions and sentences imposed at Magistrates' Court.
Third Tier
Class 4 offences only in criminal proceedings.
Committals for sentence from Magistrates' Court.
Appeals against convictions and sentences.
Damages
Compensation recovered in the courts by a person who has suffered loss, detriment or injury to his/her person, property or rights, through the unlawful act or negligence of another. An amount of money claimed as compensation for physical/material loss, e.g. personal injury, breach of contract
Date of service (civil claims)
The date of service of the claim is the date upon which the defendant receives the claim form issued by the court on behalf of the claimant. If the ‘particulars of claim’ section is completed or the particulars of claim are attached, the defendant must acknowledge receipt within 14 days
De novo
"Anew." A trial de novo is a completely new trial held in a higher or appellate court as if the original trial had never taken place.
Debt recovery after judgment
See Enforcement
Debtor
A person who owes money to someone or to an organisation
Declamatory judgment
A judgment that declares the rights of the parties on a question of law.
Declaration
Court order setting out the rights of a party in the form of a statement
Decree
Decision or order of the court. A final decree completes the suit; an interlocutory decree is a provisional or preliminary decree which is not final. An order of the Court in proceedings commenced by petition
Decree Absolute
A final certificate, resulting from an application, dissolving a marriage
Decree Nisi
Order for divorce unless cause to contrary is shown within a set period
Deed
A legal document which sets out the terms of an agreement, which is signed by both parties
Default
A failure of a party to respond in a timely manner to a pleading; a failure to appear for trial.
Default Judgment
May be obtained without a hearing by the claimant if the defendant fails to reply or pay within a 14 day period after service of the claim. A claimant can apply for a default judgment if the amount claimed is specified or for a judgment on liability if the amount claimed is unspecified.
Defence or defending a claim (civil)
When the defendant disputes the claim made by the claimant
Defendant
1 (criminal) Person charged with a crime. 2. (civil) Person against whom a civil action is brought.
Defendant (civil)
The person who has a claim made against them. They can defend (dispute the claim) or admit liability, in part or in full
Defendant (criminal)
Person standing trial or appearing for sentence
defense
Evidence or arguments presented on behalf of a person accused of an offense.
Defense attorney
The attorney who represents the defendant.
Deliberations
A secret meeting at which the jury considers the evidence presented at trial to decide if a person is guilty of charged offenses.
Deponent
Person giving evidence by affidavit
Deposition
Sworn testimony taken and recorded in an authorized place outside of the courtroom, according to the rules of the court. A statement of evidence written down and sworn on oath, or by affirmation
Designated Civil Judge
A Judge designated to deal with the Civil Justice Reforms for a group of courts
Desk Appearance Ticket ("D.A.T.")
A document that charges a person with a violation. The ticket requires one's appearance at a specific court at a specified time.
Detailed Assessment (of costs)
When a court makes a costs order it may make a detailed assessment of costs, usually at the conclusion of proceedings. A costs officer would carry out the assessment. See also Summary assessment.
Determination (civil)
If the defendant offers to pay to the claimant an amount by instalments and the claimant refuses the offer, an officer of the court will make an assessment of what would be reasonable for the defendant to pay
Determination (criminal)
Act of scrutinising a bill of costs in criminal proceedings to see if the work done and amount claimed is reasonable
Devi
Person to whom freehold land is given by a will
direct examination
Questioning of a witness by the lawyer who called that witness.
Direct examination
The questioning of a witness by the party who produced the witness.
Directions (civil)
case management instructions given by the judge which give a time-table for pre-trial procedures. In cases allocated to the small claims track the judge will usually give standard directions, in cases allocate to the multi-track, there may be several hearings on directions
Disability
The inability of a person to handle their own affairs (e.g. through mental illness or a minor under 18 years of age) which prevents involvement in civil legal proceedings without representation
Disclosure
Parties to a civil case must disclose (show to the other party) documents they intend to rely on in court to support their case
Discontinuance
Notice given by the Court, on instruction by the claimant, that they no longer wish to proceed with the case
Discovery
A pretrial proceeding where a party to an action may be informed about (or "discover") the facts known by other parties or witnesses. A process lawyers use to find out information about a case.
Discovery of documents
(see INSPECTION OF DOCUMENTS) Mutual exchange of evidence and all relevant information held by each party relating to the case
Dismissal
To make order or decision that a claim be ceased
Dismissal with prejudice
Dismissal of a case by a judge which bars the losing losing party from raising the issue again in another lawsuit. The losing party is permitted to sue again with the same cause of action.
Disposal
See Case disposal
Disposition
1. Determination of a charge; termination of any legal action; 2. A sentence of a juvenile offender.
Dispute
A civil problem not dealt with in court, (a civil dispute which comes to court is called a civil case); challenging the views of the opposing party in a civil case
Dissent
The disagreement of one or more judges of a court with the decision of the majority.
District Judge
A judicial officer of the Court whose duties involve hearing applications made within proceedings and final hearings subject to any limit of jurisdiction Previously known as Registrars
District Registry
see High Court
Divisional Court
As well as having an original jurisdiction of their own, all three divisions of the High Court have appellate jurisdiction to hear appeals from lower Courts and tribunals. The Divisional Court of the Chancery Division deals with appeals in bankruptcy matters from the County Court. The Divisional Court of the Queen's Bench Division deals largely with certain appeals on points of law from many Courts. The Divisional Court of the Family Division deals largely with appeals from Magistrates Courts in matrimonial matters a 'next friend' or 'guardian ad litem'
Divorce
Dissolution or nullity of marriage
Dock
Enclosure in criminal Court for the defendant on trial
Docket
Book containing entries of all proceedings in a court.
Driving Under the Influence (DUI)
Driving under the influence of drugs and/or alcohol is considered a criminal act in the United States. A person found guilty of driving under the influence stands to lose his or her license, be fined, and face imprisonment. Consequences are normally more serious for repeat offenders.
Due process
Constitutional guarantee that an accused person receive a fair and impartial trial.
E
Either-way Offence
(see Indictable Offence, Summary Offence) An offence for which the accused may elect the case to be dealt with either summarily by the magistrates or by committal to the Crown Court to be tried by jury
Embezzlement
A category of white-collar crime, embezzlement deals with the misappropriation of company or government funds or property by an employee or civil servant who had been entrusted with them.
En banc
"On the bench." All judges of a court sitting together to hear a case.
Enforcement
Method of pursuing a civil action after judgment has been made in favour of a party. Process carried out by Magistrates Court to collect fines and other monetary orders made in the Crown Court
Enforcement enforcing a judgment
When a judgment/order has not been paid or terms obeyed with, enforcement proceedings can be issued to ensure compliance. A court can order such action as the seizure of a defendant’s property for sale
Enjoin
To require a person to perform, or abstain or desist from some act.
Entering judgment on admission
The claimant can ask the court to enter judgment on admission when the defendant has admitted all or part of the case and offered payment or other restitution
Entry of Judgment
Decision of the Court in favour of one or other of the parties
Estate
The rights and assets of a person in property
Evidence
Any form of proof legally presented at a trial through witnesses, records, documents, etc. Testimony and exhibits introduced at a hearing or trial. Documentary or other material which is used to support a person’s case in a court of law
Exception
A formal objection of an action of the court, during the trial of a case, in refusing a request or overruling an objection; implying that the party excepting does not acquiesce in the decision of the court and will seek to obtain its reversal.
Execution
(see Levy) Seizure of debtors goods following non payment of a Court order
Executor
A person or persons specified to carry out the provisions of a will
Exempt
To be freed from liability or allegiance
Exhibit
Paper, document or other object received by the court as evidence during a trial or hearing.
Exhibits
Physical evidence introduced at a hearing or trial.
Expert evidence
Testimony given by those qualified to speak with authority regarding scientific, technical or professional matters.
Expert Witness
Person employed to give evidence on a subject in which they are qualified or have expertise
Extortion
A criminal offense, extortion occurs when one party blackmails another or takes property or money through threats or intimidation.
Fact-findinq hearing
A proceeding where facts relevant to deciding a controversy are determined.
Fair Preponderance
Evidence sufficient to create in the minds of the triers of fact the belief that the party which bears the burden of proof has established its case.
Family Division
see High Court
Fast Track
The path to which defended claims of not more than £15,000 are allocated. See also: Allocation; Case Management tracks
Federal Court
Federal courts try both civil and criminal cases. It is the duty of federal judges to ensure that the rights provided to citizens by the U.S. Constitution and federal laws are protected.
Fees and costs
see Court fees
Felony
An offense which is punishable by a sentence of imprisonment of more than one year, or a sentence of death for murder in the first degree. A felony or “high crime” is a crime that may be punished by a year or more of imprisonment in a state or federal prison. Examples of felonies include murder, kidnapping, rape, and burglary.
Felony complaint
The first document filed with the court that sets out the initial charges in a felony case.
Fiat
A decree or command
Fieri-Facias (FI-FA)
(see Sheriff) High Court version of warrant of execution in County Court. A directive by a High Court to a sheriff to seize sufficient goods of a debtor to satisfy judgment debt
File
1. The complete court record of a case. 2. "To file" a paper is to give it to the court clerk for inclusion in the case record. 3. A folder in a law office (of a case, a client, business records, etc.)
Filing
The process of delivering or presenting forms and other documents to a court. For example a claim or a defence to a claim must be filed
Fine
A sum of money imposed upon a convicted person as punishment for a criminal offense. A sentence that requires the payment of money.
Fingerprint report (rap sheet)
A summary of a defendant's prior and/or currently pending arrests and convictions.
Fingerprints
Reproductions of unique finger marks, which are used to identify people.
Fixed costs
Costs in civil cases that are set at a certain level and can be claimed in specific circumstances. For example, if a defendant does not acknowledge a claim, the claimant can obtain judgment and an order for fixed costs to offset the cost of beginning the claim
Fraud
A defining aspect of fraud is breach of trust. Fraud is committed when one party deceives or misleads another, and through that deception acquires money or property, or abuses the victim's rights. Fraud may go undetected for a period of time as the victim usually relies on the perpetrating party for information. Subcategories of fraud include securities fraud, tax fraud, Internet fraud, identity fraud, and health fraud. An intentional perversion of truth; deceitful practice or device resorted to with intent to deprive another of property or other right or in some manner do him/her injury.
Garnishee
A summons issued by a plaintiff, against a third party, for seizure of money or other assets in their keeping, but belonging to the defendant
General jurisdiction
Refers to courts that have no limit on the types of criminal and civil cases they may hear. Superior courts are courts of general jurisdiction.
Grand Jury
A group of citizens who decide if the prosecutor has enough evidence to pursue felony charges against a person. A body of persons sworn to inquire into crime and, if appropriate, bring accusations (indictments) against the suspected criminals.
Group Litigation Orders
A Group Litigation Order can be made in a claim in which there are multiple parties or claimants. The order will provide for the case management of claims which give rise to common or related issues of fact or law
Guarantor
Someone who promises to make payment for another if payment is not made by the person responsible for making the repayments of a loan or hire purchase agreement
Guardian
A person appointed to safeguard/protect/manage the interests of a child or person under mental disability (see Next Friend)
Guardian ad litem
A person appointed by a court to manage the interests of a minor or incompetent person whose property is involved in litigation.
Hearing
A court proceeding where testimony is given, exhibits are reviewed, and/or legal arguments are made, to help a judge decide an issue in a case. An in-court proceeding before a judge, generally open to the public.
Hearsay
Evidence based on what the witness has heard someone else say, rather than what the witness has personally experienced or observed.
High Court
A civil Court which consists of three divisions:- i) Queen's Bench (can be known as King's Bench Division if a King is assuming the throne) - civil disputes for recovery of money, including breach of contract, personal injuries, libel/slander; ii) Family - concerned with matrimonial maters and proceedings relating to children, e.g. wardship; iii) Chancery - property matters including fraud and bankruptcy
High Court Enforcement Officers
An enforcement officer appointed by the Lord Chancellor to enforce High Court judgments and orders
High Court Judge
see Judge and High Court
Home court (civil)
The court nearest to the defendant’s home or place of business
Homicide
An offense involving the killing of one person by another.
Housing claim
The procedure that a landlord may use in a county court to recover land or property (and money for arrears of rent or damage to property, if applicable). See also Possession Claim Online (PCOL)
Hung Jury
A jury whose members cannot agree on a verdict. Term used to describe a trial jury that cannot reach a unanimous verdict.
Hypothetical question
A combination of facts and circumstances, assumed or proved, stated in such a form as to constitute a coherent state of facts upon which the opinion of an expert can be asked by way of evidence in a trial.
I
Immunity
Freedom from duty or penalty.
Impartial
Not having or showing any favouritism to one side in a dispute
Impeachment of a witness
An attack on the credibility of a witness by the testimony of other witnesses.
Inadmissible
That which, under the established rules of evidence, cannot be admitted or received.
Independent
Person or organisation not connected to any of the parties in a dispute or legal case
Indictable Offence
A criminal offence triable only by the Crown Court. The different types of offence are classified 1, 2, 3 or 4. Murder is a class 1 offence
Indictment
A document that contains the felony (and perhaps also misdemeanor) charges that were voted by the grand jury.
Induction
Writ or order by a court prohibiting a specific action from being carried out by a person or group.
Infant
Also known as a minor: A person under 18 years of age which prevents them from acting on their own behalf in legal proceedings (see Next Friend)
Informed consent
A person's agreement to allow something to happen (such as surgery) that is based on a full disclosure of facts needed to make the decision intelligently.
Injunction
A court order which either restrains a person from a course of action or behaviour, or which requires a person to follow another course of action.
Injure
1. Hurt or harm 2. Violate the legal rights of another person.
Insolvency
see Bankrupt
Inspection of Documents
(see Disclosure of documents) Arrangements made by the parties to allow mutual exchange and copying of documents
Instalments
A method of paying a debt in several parts at intervals. Payment by instalments is agreed to make the burden of repayment lighter
Instruction
Direction given by a judge regarding the applicable law in a given case.
Interest
A charge for borrowed money, a percentage of the sum borrowed
Interim order
An order made during proceedings which is not a final order
Interlocutory
Interim, pending a full order/decision, e.g. interlocutory judgment for damages pending further hearing to assess amount to be awarded and entered as final judgment
Interpleader
A claim by a third party to ownership of goods levied upon under a warrant of execution which is disputed by a creditor. The Court then issues an interpleader summons for the parties to attend Court to adjudicate on rightful ownership
Interrogatories
Written questions developed by one party's attorney for the opposing party. Interrogatories must be answered under oath within a specific period of time.
Intervention
Proceeding in a suit where a third person is allowed, with the court's permission, to join the suit as a party.
Intestate
Without leaving a will
Issue / issuing
To initiate legal proceedings in pursuit of a claim
Judge
An elected or appointed public official with authority to hear and decide cases in a court of law. An officer appointed to administer the law and who has authority to hear and try cases in a court of law
Judgment
Final determination by a court of the rights and claims of the parties in an action.
Judge pro tem - Temporary judge. The decision or sentence issued by a court in legal proceedings
Judgment on liability
See Default judgment
Judgment set aside
A judgment or order can be set aside (made void) at the request of a party to the case in certain circumstances, for example if they were too ill to attend court on the day of the judgment
Judicial directions
See directions
Judicial discretion (civil)
Judges have the power to decide how best to manage the case on the individual facts. They do not necessarily have to look at how similar cases are managed. The judge has very wide case management powers under Rule 3 of the civil procedure rules to decide on the evidence parties produce how best to manage their case
Judicial review
The High Court can review decisions of inferior (lower) courts, public bodies and other bodies to ensure that the decision making process has been lawful
Judicial/Judiciary
i) Relating to the Administration of justice or to the judgment of a Court ii) A judge or other officer empowered to act as a judge
Junior Counsel
(see Counsel; Silk) A member of the bar: the branch of the legal profession which has rights of audience before all Courts
Jurat
A statement contained at the conclusion of an affidavit which states the name of the person giving the evidence, the name of the person before whom and the place where the oath or affirmation was taken
Jurisdiction
The area and matters over which a court has legal authority. Authority of a court to exercise judicial power.
Jurisprudence
The science of law.
Juror
(see Jury) A person who has been summoned by a Court to be a member of the jury
Jury
Specific number of people (usually 6 or 12), selected as prescribed by law to render a decision (verdict) in a trial. Body of jurors sworn to reach a verdict according to the evidence in a Court
Jury box
where jury is seated.
Jury charge or jury instructions
Explanation of the law read by the judge to the jury.
Jury panel
A large number of people from whom the jury is selected.
Justice of the Peace
A lay magistrate - person appointed to administer judicial business in a Magistrates Court. Also sits in the Crown Court with a judge or recorder to hear appeals and committals for sentence
Juvenile
Person under 17 years of age
Juvenile Delinquency
Criminal acts committed by persons under the age of 18 are referred to as acts of juvenile delinquency. Jurisdiction over most juvenile delinquency cases is held by the juvenile justice system, which aims to rehabilitate rather than punish offending youth.
Juvenile Offender (J.O.)
A person who is sentenced for certain kinds of felony offenses that were committed when the person was thirteen, fourteen, or fifteen years old.
Landlord
A person or organisation which owns land and / or buildings which are leased to tenants
Landlord and Tenant Act
Act which empowers applications (seeking extension of a lease or some other action concerning tenancy
Larceny
A form of theft, larceny occurs when one party intentionally takes money or property from another. Grand larceny (usually defined as a theft of property over $500) is considered a felony, while petty larceny (a theft of property worth less than $500) is considered a misdemeanor.
Law
The combination of those rules and principles of conduct promulgated by legislative authority, derived from court decisions and established by local custom. The system made up of rules established by an act of parliament, custom or practice enjoining or prohibiting certain action (see also Common Law)
Law clerks
Persons trained in the law who assist the judges in researching legal opinions.
Law Lords
Describes the judges of the House of Lords who are known as the Lords of Appeal in ordinary
Lawsuit
A civil action; a court proceeding to enforce a right (rather than to convict a criminal).
Lawyer
A person licensed to practice law; other words for "lawyer" include: attorney, counsel, solicitor and barrister. The legal profession in the UK is divided into two branches. Barristers have the right to represent clients in higher courts whereas most solicitors are restricted to represent their clients in the lower courts
Lay
non-professional; for example: a lawyer would call a non-lawyer a lay person and a doctor would call a non-doctor a lay person.
Lay advocate
a paralegal who specializes in representing persons in administrative hearings
Lay representative
A person, not legally qualified, who accompanies another during a court hearing. The person may be a colleague, friend or spouse.
