English legal glossary 2 страница

CONVICT - 1. A person who has been found guilty of a crime and is serving a sentence for that crime; a prison inmate. 2. To find a person guilty of an offense by either a trial or a plea of guilty.

CONVICTION - A judgment of guilty following a verdict or finding of guilty, a plea of guilty, or a plea of nolo contendere.

CORONER - Public official charged with duty to make inquiry into the causes and circumstances of any death which occurs through violence or suddenly, with marks of suspicion.

CORROBORATE - To support with evidence or authority; make more certain.

CORROBORATING EVIDENCE - Supplementary evidence that tends to strengthen or confirm the initial evidence.

CORROBORATION - Confirmation or support of a witness' statement or other fact.

COSTS - An allowance for expenses in prosecuting or defending a suit. Ordinarily this does not include attorney fees.

COUNSEL - A legal representative, attorney, lawyer.

COUNSEL TABLE - The physical location where the defense and prosecuting parties are seated throughout the duration of the trial.

COUNT - Each of the allegations of an offense listed in a charging document.

COUNTERCLAIM - A claim presented by a defendant in a civil lawsuit against the plaintiff. In essence, a counter lawsuit within a lawsuit.

COUNTERFEIT - To forge, to copy or imitate, without authority or right, and with the purpose to deceive or defraud, by passing off the copy as genuine.

COUNTY JAIL - A building or structure used to house alleged criminals and/or convicted criminals of local area crimes.

COURT - 1. A unit of the judiciary authorized to decide disputed matters of fact, cases or controversies. 2. Figuratively, the judge or judicial officer. Judges sometimes use "court" to refer to themselves in the third person, as in "the court has read the briefs."

COURT ADMINISTRATOR/CLERK OF COURT - An officer appointed by the Court or elected to oversee the administrative, non-judicial activities of the court.

COURT APPOINTED COUNSEL - A defense attorney designated by the court to represent a defendant who does not have the funds to retain an attorney.

COURT COSTS - The expenses of prosecuting or defending a lawsuit, other than the attorneys' fees. An amount of money may be awarded to the successful party (and may be recoverable from the losing party) as reimbursement for court costs.

COURT OF RECORD - A court in which the proceedings are recorded, transcribed, and maintained as permanent records.

COURT ORDER - A written direction or command delivered by a court or judge.

COURT REPORTER - A person who makes a word-for-word record of what is said in court and produces a transcript of the

proceedings upon request.

COURT, APPEALS - In some states, the highest appellate court, where it is the Court's discretion whether to hear the case on appeal.

COURT, DISTRICT - 1. Federal - A trial court with general Federal jurisdiction. 2. State - Meaning varies from state to state.

COURT, JUVENILE - A court having jurisdiction over cases involving children under a specified age, usually 18. Cases generally involve delinquent, dependent, and neglected children.

COURT, MUNICIPAL - A court having jurisdiction (usually civil and criminal) over cases arising within the city or community in which it sits.

COURT, NIGHT - A specialized court that deals with cases during the late evening and early morning hours.

COURT, SUPERIOR - Meaning varies from state to state.

COURT, TRAFFIC - A specialized court that hears crimes dealing with traffic offenses.

COURTROOM - The section of a courthouse in which the judge presides over the proceedings.

CREDIBILITY - The quality in a witness which makes his or her testimony believable.

CRIME - 1. An act of omission or commission in violation of law which carries criminal consequences. 2. Criminal activity in general relating to a specific time or place.

CRIMINAL - 1. One who has been convicted of a criminal offense. 2. That which is connected with the law of crimes; That which has the character of a crime (criminal justice; criminal intent).

CRIMINAL CASE - A case brought by the government against a person accused of committing a crime.

CRIMINAL INSANITY - Lack of mental capacity to do or abstain from doing a particular act; inability to distinguish right from wrong.

CRIMINAL RECORD - 1. Arrest record. A written account listing all the instances in which a person has been arrested. 2. A form completed by a police officer when a person is arrested.

CRIMINAL SUMMONS - An order commanding an accused to appear in court.

CROSS-CLAIM - A claim by codefendant or co-plaintiffs against each other and not against persons on the opposite side of the lawsuit.

CROSS-EXAMINATION - The questioning of a witness produced by the other side.

CUMULATIVE SENTENCES - Sentences for two or more crimes to run consecutively, rather than concurrently.

CUSTODY - 1. The care and control of a thing or person for inspection, preservation, or security. 2. The care, control, and maintenance of a child awarded by a court to one of the parents in a divorce or separation proceeding. 3. The detention of a person by virtue of lawful process or authority.

DAMAGES - Money awarded by a court to a person injured by the unlawful act or negligence of another person.

DEATH PENALTY - State-imposed death as punishment for a serious crime. Capital punishment .

DEATH ROW - The area of a state or federal prison where criminals who are sentenced to death are confined until their sentence is commuted or carried out.

DECISION - The judgment reached or given by a court of law.

DECLARATORY JUDGMENT - A judgment of the court that explains what the existing law is or expresses the opinion of the court without the need for enforcement.

DECREE - An order of the court. A final decree is one that fully and finally disposes of the litigation. An interlocutory decree is a preliminary order that often disposes of only part of a lawsuit.

DEFAMATION - That which tends to injure a person's reputation. Libel is published defamation, whereas slander is spoken.

DEFAULT - A failure to respond to a lawsuit within the specified time.

DEFAULT-JUDGMENT - A judgment entered against a party who fails to appear in court, respond to the charges, or does not comply with an order, especially an order to provide or permit discovery.

DEFENDANT - 1. In a criminal case, the person accused of the crime. 2. In a civil case, the person being sued.

DEFENSE - 1. Defendant's statement of a reason why the plaintiff or prosecutor has no valid case against defendant, especially a defendant's answer, denial, or plea. 2. Defendant's method and strategy in opposing the plaintiff or the

prosecution. 3. One or more defendants in a trial.

DEFENSE ATTORNEY - An attorney who represents the defendant.

DELIBERATE - 1. To discuss, ponder or reflect upon before reaching a decision. A judge will usually deliberate before announcing a judgment. 2. Intentional, characterized by consideration and awareness.

DELIBERATION - The jury's decision-making process after hearing the evidence and closing arguments and being given the court's instructions.

DELINQUENCY, JUVENILE - Antisocial behavior by a minor; especially behavior that would be criminally punishable if the actor were an adult, but instead is usually punished by special laws pertaining only to minors.

DEMURRER - A motion to dismiss a civil case because of the legal insufficiency of a complaint.

DEPENDENT CHILD - A child who is homeless or without proper care through no fault of the parent, guardian, or custodian.

DEPORTATION - The act of removing a person to another country. Order issued by an immigration judge, expelling an alien from the United States. A deportation has certain consequences regarding the number of years within which a deportee

may not legally immigrate. There are also criminal consequences for reentry within a prescribed time period.

DEPOSITION - A pretrial discovery device by which one party questions the other party or a witness for the other party. It usually takes place in the office of one of the lawyers, in the presence of a court reporter, who transcribes what is said. Questions are asked and answered orally as if in court, with opportunity given to the adversary to cross-examine. Occasionally, the questions are submitted in writing and answered orally.

DEPRIVATION OF CUSTODY - The court transfer of legal custody of a person from parents or legal guardian to another person, agency, or institution. It may be temporary or permanent.

DEPUTY D.A. - An assistant lawyer to the district attorney.

DESCENT AND DISTRIBUTION STATUTES - State laws that provide for the distribution of estate property of a person who dies without a will. Same as intestacy laws.

DETENTION - The act or fact of holding a person in custody; confinement or compulsory delay.

DETENTION HEARING - In juvenile court, a judicial hearing, usually held after the filing of a petition, to determine interim custody of a minor pending a judgment.

DIRECT EVIDENCE - Proof of facts by witnesses who saw acts done or heard words spoken.

DIRECT EXAMINATION - The first questioning of witnesses by the party on whose behalf they are called.

DIRECTED VERDICT - Now called Judgment as a Matter of Law. An instruction by the judge to the jury to return a specific verdict.

DISBARMENT - Form of discipline of a lawyer resulting in the loss (often permanently) of that lawyer's right to practice law. It differs from censure (an official reprimand or condemnation) and from suspension (a temporary loss of the right to practice law).

DISCLAIM - To refuse a gift made in a will.

DISCOVERY - The procedure by which one or both parties disclose evidence which will be used at trial. The specific tools of discovery include depositions, interrogatories and motions for the production of documents.

DISMISS - To terminate legal action involving outstanding charges against a defendant in a criminal case.

DISMISSAL WITH PREJUDICE - The dismissal of a case, by which the same cause of action cannot be brought against the defendant again at a later date.

DISMISSAL WITHOUT PREJUDICE - The dismissal of a case without preventing the plaintiff from bringing the same cause of action against the defendant in the future.

DISORDERLY CONDUCT - Any behavior, contrary to law, which disturbs the public peace or decorum, scandalizes the community, or shocks the public sense of morality.

DISPOSITION - A final settlement or determination. The court decision terminating proceedings in a case before judgment is reached, or the final judgment.

DISSENT - To disagree. An appellate court opinion setting forth the minority view and outlining the disagreement of one or more judges with the decision of the majority.

DISSOLUTION - The act of bringing to an end; termination. The dissolution of a marriage or other relationship.

DISTRICT ATTORNEY - A lawyer appointed or elected to represent the state in criminal cases in his or her respective judicial districts. See PROSECUTOR.

DISTURBING THE PEACE - Conduct which tends to annoy all citizens, including unnecessary and distracting noisemaking.

DIVERSION - 1. The process of removing some minor criminal traffic, or juvenile cases from the full judicial process, on the condition that the accused undergo some sort of rehabilitation or make restitution for damages. 2. Unauthorized use of

funds.

DIVORCE - Legal dissolution of a marriage by a court. Also termed dissolution of marriage.

DOCKET - A list of cases to be heard by a court, or a log containing brief entries of court proceedings.

DOCKET NUMBER - The designation assigned to each case filed in a particular court. Also called a case number.

DOMESTIC VIOLENCE - An assault committed by one member of a household against another.

DOMICILE - The place where a person has his or her permanent legal home. A person may have several residences, but only one domicile.

DOUBLE JEOPARDY - The constitutional prohibition under the Fifth Amendment against a person being put on trial more than once for the same offense.

DRIVING WHILE INTOXICATED (DWI) - The unlawful operation of a motor vehicle while under the influence of drugs or alcohol. In some jurisdictions it is synonymous with DRIVING UNDER THE INFLUENCE (DUI), but in others, driving while intoxicated is a more serious offense than driving under the influence.

DRUNK DRIVING - The operation of a vehicle in an impaired state after consuming alcohol that when tested is above the state's legal alcohol limit.

DUE PROCESS OF LAW - The right of all persons to receive the guarantees and safeguards of the law and the judicial process. It includes such constitutional requirements as adequate notice, assistance of counsel, the right to remain silent, the right to a speedy and public trial, the right to an impartial jury, and the right to confront and secure witnesses.

ELEMENTS OF A CRIME - Specific factors that define a crime which the prosecution must prove beyond a reasonable doubt in order to obtain a conviction. The elements that must be proven are 1) that a crime has actually occurred, 2) that the accused intended the crime to happen, and 3) a timely relationship between the first two factors.

EMBEZZLE - To willfully take or convert to one's own use, another's money or property, which the wrongdoer initially acquired lawfully, because of some office, employment, or some position of trust.

EMINENT DOMAIN - The power of the government to take private property for public use through condemnation.

EN BANC - All the judges of a court sitting together. Appellate courts can consist of a dozen or more judges, but often they hear cases in panels of three judges. If a case is heard or reheard by the full court, it is heard en banc.

ENHANCE - To make greater in value, to increase.

ENJOINING - An order by the court telling a person to stop performing a specific act.

ENTER A GUILTY PLEA - The formal statement before the court that the accused admits committing the criminal act.

ENTRAPMENT - A defense to criminal charges alleging that agents of the government induced a person to commit a crime he or she otherwise would not have committed.

EQUAL PROTECTION - The guarantee in the Fourteenth Amendment to the U.S. Constitution that all persons be treated equally by the law.

EQUITABLE ACTION - An action which may be brought for the purpose of restraining the threatened infliction of wrongs or injuries, and the prevention of threatened illegal action.

EQUITY - Generally, justice or fairness. Historically, equity refers to a separate body of law developed in England in reaction to the inability of the common-law courts, in their strict adherence to rigid writs and forms of action, to consider or

provide a remedy for every injury. The king therefore established the court of chancery to do justice between parties in cases where the common law would give inadequate redress. The principle of this system of law is that equity will find a way to achieve a lawful result when legal procedure is inadequate. Equity and law courts are now merged in most jurisdictions.

ESCHEAT (ES-CHET) - The process by which a deceased person's property goes to the state if no heir can be found.

ESCROW - Money or a written instrument such as a deed that, by agreement between two parties, is held by a neutral third party (held in escrow) until all conditions of the agreement are met.

ESTATE - An estate consists of personal property (car, household items, and other tangible items), real property, and intangible property, such as stock certificates and bank accounts, owned in the individual name of a person at the time of the

person's death. It does not include life insurance proceeds (unless the estate was made the beneficiary) or other assets that pass outside the estate (like joint tenancy assets).

ESTATE TAX - Generally, a tax on the privilege of transferring property to others after a person's death. In addition to federal estate taxes, many states have their own estate taxes.

ESTOPPEL - A person's own act, or acceptance of facts, which preclude his or her later making claims to the contrary.

EVICTION - Recovery of land or rental property from another by legal process.

EVIDENCE - Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.

EVIDENCE, CIRCUMSTANTIAL - Inferences drawn from proven facts.

EVIDENCE, DIRECT - Evidence in form of witness testimony, who actually saw, heard, or touched the subject of question.

EVIDENCE, EVANESCENT - Evidence which can disappear relatively quickly, such as the amount of alcohol in a person's blood.

EXAMINATION, DIRECT - The first examination of a witness by the counsel who called the witness to testify.

EXAMINATION, RECROSS - A second examination of a witness by the opposing counsel after the second examination (or redirect examination) by the counsel who called the witness to testify is completed.

EXAMINATION, REDIRECT - A second examination of a witness by the counsel who called the witness to testify. This examination is usually focused on certain matters that were discussed by the opposing counsel's examination.

EXCEPTIONS - Declarations by either side in a civil or criminal case reserving the right to appeal a judge's ruling upon a motion. Also, in regulatory cases, objections by either side to points made by the other side or to rulings by the agency or one of its hearing officers.

EXCLUSION OF WITNESSES - An order of the court requiring all witnesses to remain outside the courtroom until each is called to testify, except the plaintiff or defendant. The witnesses are ordered not to discuss their testimony with each other

and may be held in contempt if they violate the order.

EXCLUSIONARY RULE - The rule preventing illegally obtained evidence to be used in any trial.

EXCLUSIVE JURISDICTION - The matter can only be filed in one court.

EXCULPATORY EVIDENCE - Evidence which tends to indicate that a defendant did not commit the alleged crime.

EXECUTE - To complete the legal requirements (such as signing before witnesses) that make a will valid. Also, to execute a judgment or decree means to put the final judgment of the court into effect.

EXECUTOR - A personal representative, named in a will, who administers an estate.

EXHIBIT - A document or other item introduced as evidence during a trial or hearing.

EXHIBIT, PEOPLE'S - Exhibit and/or evidence that is offered by the prosecution.

EXONERATE - Removal of a charge, responsibility or duty.

EXPERT TESTIMONY - Testimony given in relation to some scientific, technical, or professional matter by experts, i.e., person qualified to speak authoritatively by reason of their special training, skill, or familiarity with the subject.

EXPUNGEMENT - Official and formal erasure of a record or partial contents of a record.

EXTENUATING CIRCUMSTANCES - Circumstances which render a crime less aggravated, heinous, or reprehensible than it would otherwise be.

EXTORTION - The act of obtaining the property of another person through wrongful use of actual or threatened force, violence, or fear.

EXTRADITION - The process by which one state or country surrenders to another state, a person accused or convicted of a crime in the other state.

EXTRAORDINARY WRIT - A writ, often issued by an appellate court, making available remedies not regularly within the powers of lower courts. They include writs of habeas corpus, mandamus, prohibition and quo warranto.

EYE WITNESS - One who saw the act, fact, or transaction to which he or she testifies.

FAILURE TO APPEAR - The act of not appearing in court after being presented with a subpoena or summons.

FAILURE TO COMPLY - The act of not following an order that is directed by the court.

FAIR HEARING - A hearing in which certain rights are respected such as the right to present evidence, to cross examine and to have findings supported by evidence.

FALSE ARREST - Any unlawful physical restraint of another's personal liberty, whether or not carried out by a peace officer.

FALSE IMPRISONMENT - The unlawful restraint by one person of another person's physical liberty.

FALSE PRETENSES - Representation of some fact or circumstance which is not true and is calculated to mislead, whereby a person obtains another's money or goods.

FAMILY ALLOWANCE - A small amount of money set aside from the estate of the deceased. Its purpose is to provide for the surviving family members during the administration of the estate.

FEE SIMPLE - The most complete, unlimited form of ownership of real property, which endures until the current holder dies without heir.

FELONY - A crime of a more serious nature than a misdemeanor, usually punishable by imprisonment in a penitentiary for more than a year and/or substantial fines.

FELONY MURDER - A murder committed during the commission of a felony such as robbery, burglary, or kidnapping.

FIDELITY BOND - See SURETY BOND.

FIDUCIARY - A person having a legal relationship of trust and confidence to another and having a duty to act primarily for the others benefit, e.g., a guardian, trustee, or executor.

FIELD SOBRIETY TEST - A method of determining whether a person is intoxicated using a motor skills test which is administered by testing the driver's speaking ability and/or physical coordination.

FIFTH AMENDMENT - Among other rights, the Fifth Amendment to the U.S. Constitution guarantees that a person cannot be compelled to present self-incriminating testimony in a criminal proceeding.

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

FIND GUILTY - For the judge or jury to determine and declare the guilt of the defendant.

FINDING - Formal conclusion by a judge or jury on issues of fact.

FINE - To sentence a person convicted of an offense to pay a penalty in money.

FINGERPRINT - The distinctive pattern of lines on human fingertips that are used as a method of identification in criminal cases.

FIREARM - A weapon which acts by force of gunpowder, such as a rifle, shotgun or revolver.

FIRST APPEARANCE - The initial appearance of an arrested person before a judge to determine whether there is probable cause for his or her arrest. Generally the person comes before a judge within hours of the arrest, and are informed of the

charges against him or her and of his or her rights to a preliminary hearing, to counsel,and to bail. No plea is asked for at this state. Also called initial appearance.

FORCIBLE ENTRY AND DETAINER - Ordinarily refers to a summary proceeding for restoring possession of land to one who has been wrongfully deprived of possession.

FORECLOSURE - Procedure by which mortgaged property is sold on default of the mortgagor in satisfaction of mortgage debt.

FORFEIT - To lose, or lose the right to.

FORFEITURE - The loss of money or property resulting from failure to meet a legal obligation or from the illegal nature or use of the money or property.

FORGERY - The act of claiming one's own writing to be that of another.

FOSTER CARE - A program of parental care for children who do not have an in-home parental relationship with either biological or adoptive parents.

FOUNDATION - In a trial, a foundation must be laid to establish the basis for the admissibility of certain types of evidence. For example, an expert witnesses's qualifications must be shown before expert testimony will be admissible.

FOURTH AMENDMENT - Among other matters, the 14th Amendment to the U.S. Constitution prohibits states from depriving any person of life, liberty, or property without adequate due process .

FRAUD - Intentional, unlawful deception to deprive another person of property or to injure that person in some other way.

GAMBLING - The act of staking money, or other thing of value, on an uncertain event or outcome.

GARNISH - To withhold a debtor's money, and turn it over to another in order to pay a debt. Typically, the one withholding the money is the debtor's employer.

GARNISHMENT - A legal proceeding in which a debtor's money, in the possession of another (the garnishee), is applied to the debts of the debtor, such as when an employer garnishes a debtor's wages.

GENERAL ASSIGNMENT - The voluntary transfer, by a debtor, of all property to a trustee for the benefit of all of his or her creditors.

GENERAL JURISDICTION - Refers to courts that have no limit on the types of criminal and civil cases they may hear.

GLUE SNIFFING - The act of inhaling glue in order "to get high".

GOOD CAUSE - Substantial reason, one that affords a legal excuse.

GOOD FAITH - An honest belief, the absence of malice, and the absence of design to defraud.

GOOD TIME - A reduction in sentenced time in prison as a reward for good behavior. It usually is one-third to one-half off the maximum sentence.

GRAND JURY - Jury of inquiry. The jury which determines which charges, if any, are to be brought against a defendant.

GRAND THEFT - Taking and carrying away the personal property of another person of a value in excess of an amount set by law with the intent to deprive the owner or possessor of it permanently.

GRANTOR OR SETTLOR - The person who sets up a trust.

GROUNDS - A foundation or basis; points relied on.

GUARDIAN - A person appointed by will or by law to assume responsibility for incompetent adults or minor children. If a parent dies, this will usually be the other parent. If both die, it probably will be a close relative.

GUARDIANSHIP - Legal right given to a person to be responsible for the food, housing, health care, and other necessities of a person deemed incapable of providing these necessities for himself or herself, usually an incompetent adult or minor child.

GUILTY - Responsible for a delinquency, crime, or other offense; not innocent.

HANDCUFFS - Chains or shackles for the hands to secure prisoners.

HARASSMENT - Words, gestures, and actions which tend to annoy, alarm, and verbally abuse another person.

HARMLESS ERROR - An error committed during a trial that was corrected or was not serious enough to affect the outcome of a trial and therefore was not sufficiently harmful (prejudicial) to be reversed on appeal.

HEARING - A proceeding similar to a trial, without a jury, and usually of shorter duration.

HEARING, CONTESTED - A hearing held for the purpose of deciding issues or fact of law that both parties are disputing.

HEARING, PRELIMINARY - The hearing given to person accused of crime, by a magistrate or judge, to determine whether there is enough evidence to warrant the confinement and holding to bail the person accused.

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.

HIT AND RUN - Crime in which the driver of a vehicle leaves the scene of an accident without identifying himself or herself.

HOLDING CELL - A temporary location that is meant to secure the accused while waiting for trial to begin or continue.

HOLOGRAPHIC WILL - A will entirely written, dated, and signed by the testator in his/her own handwriting.

HOME MONITORING - An alternative to incarceration where an individual is confined to his or her home and monitored electronically.

HOMICIDE - The unlawful killing of one human being by another.

HOSPITAL WARRANT - A warrant that a court issues under Health-General Article Section 12-120 after a probable cause determination that the named defendant has violated a conditional release under Title 12 of the Health-General Article.

HOSTILE WITNESS - A witness whose testimony is not favorable to the party who calls him or her as a witness. A hostile witness may be asked leading questions and may be cross-examined by the party who calls him or her to the stand.

HUNG JURY - A jury whose members cannot agree upon a verdict.

HYPOTHETICAL QUESTION - An imaginary situation, incorporating facts previously admitted into evidence, upon which an expert witness is permitted to give an opinion as to a condition resulting from the situation.

ILLEGAL - Against, or not authorized by law; unlawful.

IMMUNITY - Grant by the court which assures someone will not face prosecution in return for providing evidence in a criminal proceeding.

IMPANEL - To seat a jury. When voir dire is finished and both sides have exercised their challenges, the jury is impaneled. The jurors are sworn in and the trial is ready to proceed.