LEGAL DEFINITIONS

A

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AFFIDAVIT - A written or printed statement made under oath.

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APPEAL - A request made after a trial by a party that has lost on one or more issues that a higher court review the decision to determine if it was correct. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the "appellant;" the other party is the "appellee."

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APPELLANT - The party who appeals a district court's decision, usually seeking reversal of that decision.

 

APPELLATE - About appeals; an appellate court has the power to review the judgment of a lower court (trial court) or tribunal. For example, the U.S. circuit courts of appeals review the decisions of the U.S. district courts.

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APPELLEE - The party who opposes an appellant's appeal, and who seeks to persuade the appeals court to affirm the district court's decision.

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C

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CAUSE - (a case that goes to court.) refers to the reason or grounds for a legal action or lawsuit.

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CASE - (a question to be decided in court.)  A complete collection of every document filed in court in a case. 

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D

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DEFENDANT - An individual (or business) against whom a lawsuit is filed. In a civil case, the person or organization against whom the plaintiff brings suit; in a criminal case, the person accused of the crime.

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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.

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DOCKET - A log containing the complete history of each case in the form of brief chronological entries summarizing the court proceedings.​

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H

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HABEAS CORPUS - Latin, meaning "you have the body." A writ of habeas corpus generally is a judicial order forcing law enforcement authorities to produce a prisoner they are holding, and to justify the prisoner's continued confinement. Federal judges receive petitions for a writ of habeas corpus from state prison inmates who say their state prosecutions violated federally protected rights in some way.

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HEARSAY - Evidence presented by a witness who did not see or hear the incident in question but heard about it from someone else. With some exceptions, hearsay generally is not admissible as evidence at trial.

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I

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IMPEACHMENT - 1. The process of calling a witness's testimony into doubt. For example, if the attorney can show that the witness may have fabricated portions of his testimony, the witness is said to be "impeached;" 2. The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government, who are then tried by the Senate.

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IN FORMA PAUPERIS - "In the manner of a pauper." Permission given by the court to a person to file a case without payment of the required court fees because the person cannot pay them.

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M

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

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MOOT - Not subject to a court ruling because the controversy has not actually arisen or has ended.

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P

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PETITION - A formal written request to a court or other official body, seeking some form of legal action or relief. (Definition found HERE.)

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PLAINTIFF - A person or business that files a formal complaint with the court.

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POST CONVICTION RELIEF (PCR) - an application to the court, filed by or on behalf of a person convicted of and sentenced for the commission of a criminal offense. The PCR seeks to have the conviction or sentence set aside or an appeal granted on the ground or grounds that the conviction or the sentence or the denial of an appeal violated the state or federal constitution. A pro se petition is one filed by a petitioner without the benefit of counsel. (Definition found HERE.)

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PRO SE - Representing oneself. Serving as one's own lawyer.

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R

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REPONDENT - refers to the party being sued or tried and is also known as the appellee. (Definition found HERE.)

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RECIDIVISM - refers to a person's relapse into criminal behavior, often after the person receives sanctions or undergoes intervention for a previous crime. (Definition found HERE.)

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​TORT - A civil, not criminal, wrong. A negligent or intentional injury against a person or property, with the exception of breach of contract.

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

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TRANSFER - Any mode or means by which a debtor disposes of or parts with his/her property.

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​​V

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VOIRE DIRE - Jury selection process of questioning prospective jurors, to ascertain their qualifications and determine any basis for challenge.

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W

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WRIT - A written court order directing a person to take, or refrain from taking, a certain act.

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WRIT OF CERTIORARI - An order issued by the U.S. Supreme Court directing the lower court to transmit records for a case which it will hear on appeal.

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