Common Law – The legal system that originated in England and is now used in the United States. It is based on judicial decisions and not on laws passed by the legislature. Enforceable precedent – A previous decision of a court that must be followed without compelling reason or substantially different facts or problems. Courts are often bound by the decisions of appellate courts and have the power to review their decisions. For example, district courts are bound by decisions of the Court of Appeals, which can review their cases, and all courts — both state and federal — are bound by decisions of the U.S. Supreme Court. Criminal cases involve the application of public codes of conduct codified in state laws. In criminal cases, the government prosecutes individuals for violating these laws (in other words, allegedly committing a crime). Criminal sanctions may include fines, community service, probation, imprisonment, etc. The glossary of legal terms defines more than 100 of the most common legal terms in easy-to-understand language. The terms are listed in alphabetical order and can be best accessed by selecting a letter here: Federal Issue – Jurisdiction of Federal Courts in Matters Involving the Interpretation and Application of the United States Constitution, Acts of Congress, and Treaties. In some cases, state courts can also decide these issues, but cases can still go to federal courts. Pleadings – Written statements by parties in civil proceedings concerning their positions.

In federal courts, the main means are complaint and response. Panel – (1) On appeal, a panel of judges (usually three) to decide the case; (2) In the jury selection process, the pool of potential jurors. Bail – security for the release of an accused or witness in pre-trial detention (usually in the form of money) to ensure his or her appearance on the agreed day and time. Litigation – A case, controversy or litigation. Participants (plaintiffs and defendants) in litigation are called litigants. Factum – A written statement submitted by each party`s lawyer in a case explaining to the judge(s) why they should decide the case (or a specific part of a case) in favour of that lawyer`s client. Pre-trial conference – A meeting of the judge and lawyers to discuss issues that should be submitted to the jury, to review the evidence and witnesses, to establish a schedule, and to discuss the resolution of the case. Once the plaintiff rests, the jurors leave the courtroom, while the parties, the judge, the lawyers and everyone watching the trial remain.

At this point, the defendant can get the court to reach a verdict in his favor. Sometimes referred to as a “motion for judgment” or a “request for judgment on legal grounds,” such a motion asks the court to waive some or all of the rest of the proceedings. If the court grants the application, the judgment is received on behalf of the defendant. With such an application, the defendant will seek to convince the court that the plaintiff has failed to prove an element of at least one of the claims brought against him. In other words, the defendant will try to convince the judge that the plaintiff has failed to prove a prima facie case of one or more of his pleas. Jury – Persons selected in accordance with the law and sworn to investigate questions of fact and render a verdict. State court jurors can only be six jurors in some cases. Federal civil prosecutions must have six jurors, criminal prosecutions must have twelve. U.S. Attorney – A lawyer appointed by the president in each judicial district to prosecute and defend cases for the federal government. The main facts of the applicant`s case are then pursued with other witnesses who are questioned in the manner described above.

If necessary, the applicant will submit exhibits in support of its position. Exhibits are presented by witnesses who have personal knowledge of the exhibit in question. For example, a police officer may testify that he or she is aware of his or her police report, that he or she prepared it, etc., after which the applicant`s lawyer may attempt to have the police report entered into evidence. Whether a particular piece of evidence is admissible depends on the court`s rules of evidence. prose – Latin term meaning “on one`s own account”; In the courts, these are people who present their own cases without a lawyer. Jury Instructions – A judge`s statement to the jury before the jury begins deliberations on the questions to be answered and the law applicable to the case. Each party offers jury instructions to the judge, but the judge chooses the final wording. To resolve the case, the court (through a judge or jury) will eventually establish the facts of the case (in other words, find out what really happened) and apply the appropriate law to those facts. On the basis of this application of the law to the facts of the case, the court or jury decides what legal consequences ultimately result from the parties` actions.

Pre-trial detention – When an appeals court refers a case to a lower court for a new hearing. The lower court often has to do something different, but that doesn`t always mean that the court`s final decision changes the responsibility to the jury — the judge`s instructions to the jury about the law that applies to the facts of the case in court. In most civil cases, the judge or jury must decide which side wins based on a standard called “preponderance of evidence.” This means that the winning side of the story is true rather than false. This does not mean that one party has presented more evidence than the other. This means that one party`s testimony was more persuasive than the other`s. Defendant – in a civil action, the person against whom an appeal has been brought; in criminal proceedings, the person charged with the offence. Court – A governmental body empowered to settle disputes. Judges sometimes use the term “court” to refer to themselves in the third person, as in “the court read the pleadings.” The applicant`s main case is when he or she has the opportunity to present evidence in support of his or her position.