Court

Court terms

1. Abuse of Discretion An appellate court uses this standard of review where a party may argue that a lower court’s decision was greatly unsound, unreasonable, or illegal.
2. Acquit To find a criminal defendant not guilty through a verdict or because the evidence is insufficient, or because the charges have been dropped or dismissed.
3. Acquittal A release, absolution or discharge of an obligation or liability. In criminal law, the finding of not guilty.
4. Administrative Agency A federal, state or local government body responsible for applying or enforcing a particular type of law.
5. Admissible Evidence that is relevant to the case, and is material, will be usually be permitted to be presented to the jury in most instances.
6. Adversarial System This is the method American courts use to arrive a resolution in a legal case. The parties in a case tell their sides of a case to a judge and/or jury who…
7. Affidavit A sworn statement in writing before a proper official, such as a notary public.
8. Affirm To uphold a decision made in another court in a case on appeal, by a hearing officer in a court that has the authority to decide the appeal.
9. Appeal To call for a review of an IRS decision or proposed adjustment.
10. Appellant Party who files the appeal.
11. Appellant’s Brief The initial brief, where the appellant outlines the mistakes made in the lower court’s decision and states why the appellate court should reverse the…
12. Appellate About appeals; an appellate court has the power to review the judgment of another lower court or tribunal.
13. Appellate Court A court having jurisdiction to hear appeals and review a lower court's decisions.
14. Arraignment The hearing at which the accused is brought before the court to enter a plea to the criminal charge in the indictment.
15. Arrest To take into custody by legal authority.
16. Bail Money or other security (such as a bail bond) provided to the court to temporarily allow a person's release from jail and assure their appearance in court.
17. Bailiff An officer of the court responsible for keeping order, maintaining appropriate courtroom decorum and custody of the jury.
18. Bench The seat occupied by the judge. More broadly, the court itself.
19. Beyond a reasonable doubt The burden of proof that the State must establish in a criminal action.
20. Brief A written statement submitted by the lawyer for each side in a case that explains to the judges why they should decide the case or a particular part of a…
21. Burden of proof In the law of evidence, the necessity or duty of affirmatively proving a fact or facts in dispute on an issue raised between the parties in a lawsuit.
22. Capias Latin for "that you take." A capias is a writ issued by a judge requesting that the sheriff take someone into custody, and hold the person until he or she…
23. capital offense A crime punishable by death. In the federal system, it applies to crimes such as first degree murder, genocide, and treason.
24. case law The law as laid down in cases that have been decided in the decisions of the courts.
25. Certificate of Service A section of a court document stating that the filing party served a copy to the opposing party.
26. Certification Certification means the approval by a certifying official that a labor condition application is complete and does not contain obvious inaccuracies.
27. Charge The law that the police believe the defendant has broken.
28. Circumstantial evidence All evidence except eyewitness testimony. One example is physical evidence, such as fingerprints, from which an inference can be drawn.
29. Citation 1. The written reference to legal authorities, precedents, reported cases, etc., in briefs or other legal documents. 2.
30. Civil Case A case where the subject is a dispute between private individuals or organizations.
31. Civil lawsuit A lawsuit brought by individuals, companies or agencies againist other individuals, companies or agencies to obtain relief for injuries suffered, monetary…
32. Closing argument The closing statement, by counsel or a pro se litigant, to the trier of facts after all parties have concluded their presentation of evidence at trial.
33. Complaint A written communication primarily expressing a grievance against an insurance company or agent.
34. Continuance Postponement of a legal proceeding to a later date. Also, adjournment.
35. Conviction A judgment of guilt against a criminal defendant.
36. Court Docket The court docket in Superior Court is a document prepared by the Prothonotary's Office which lists the paperwork filed with the clerk's office in the…
37. Crime An act in violation of the penal laws of a state or the United States. A positive or negative act in violation of penal law.
38. Criminal Case A case where the subject is a violation ofIdaholaw, and where one party is the State and the other party is an individual or organization charged with the…
39. De Novo (dih NO-vo) In cancer, the first occurrence of cancer in the body.
40. Decree An order of the court. A final decree is one that fully and finally disposes of the litigation. See interlocutory.
41. Default Default occurs when a debtor is unable to meet the legal obligation of debt repayment, one form of which is the failure to promptly pay interest or…
42. Defendant An individual (or business) against whom a lawsuit is filed.
43. Discovery This is when the Court orders each party (each side) to give each other information about the facts before the trial, to avoid surprise.
44. Dismissal Process by which a court will terminate a case. With Prejudice - cannot refile. Without Prejudice - can refile at a later date.
45. docket A log containing brief entries of court proceedings.
46. Drug Court At least one third of the cases that have been presented in Superior Court over the last few years have been cases involving drugs.
47. Due process The notion, grounded in the Fifth and Fourteenth amendments to the U. S. Constitution, of rights in most court and administrative proceedings to receive…
48. Elements of a Crime If you were to take a criminal statute and break it down into each of the parts that the prosecution has to prove beyond a reasonable doubt, each part…
49. Equal protection This refers to the notion, grounded in the U. S. Constitution, that no person or class of persons be denied the same protection of the laws which is…
50. Evidence (EV-uh-dins): Information that is collected in an orderly way about a disease or its treatment. This information often comes from research.
51. Expedited Appeals The court will expedite or speed up cases involving child custody, Child Protective Act proceedings, termination of parental rights, adoption, and all…
52. Expungement Expungement means sealing the public record of a court action. If your eviction is expunged, then someone searching court files cannot find a record of…
53. Felony A serious criminal offense. Under federal law, any offense punishable by death or imprisonment for a term exceeding one year.
54. Final Judgment A final decision by the trial court.
55. Finding Formal conclusion by a judge or regulatory agency on issues of fact. Also, a conclusion by a jury regarding a fact.
56. Fine The monetary penalty assessed against a defendant.
57. Grand Jury A jury of inquiry whose duty it is to receive complaints and accusations in criminal matters and, if appropriate, issue a formal indictment.
58. Gross misdemeanor A crime with penalties of imprisonment from 91 days to one year or a fine of not more than $3,000 or both.
59. Guardian Ad Litem A court-appointed guardian who appears in a lawsuit on behalf of an incompetent or minor party.
60. habeas corpus The name of a writ having for its object to bring a person before a court.
61. Homicide The killing of one human by another, first-degree is the most serious, involves premeditation.
62. Immunity (ih-MYOO-nih-tee) The condition of being protected against an infectious disease.
63. Impeach In a criminal case, to impeach is to challenge the credibility or validity of the testimony of a witness.
64. Imprisonment The placement of an individual in a jail or prison.
65. in forma pauperis As a poor person; a pauper.
66. Incompetent One who lacks ability, legal qualification or fitness to manage his/her own affairs.
67. Indictment A written accusation by a grand jury charging a person with a felony. See information.
68. Indigent Needy or impoverished.
69. Injunction An order or remedy issued by the court at the request of the complaining party, which forbids another party to do some act which he/she is threatening or…
70. Insanity The inability to know what one is doing and to decide if the action is right or wrong.
71. Intake The step in juvenile process during which a decision is made either to detain the juvenile at a detention center or to release to the parents.
72. Interlocutory Appeal An appeal that is filed before the trial court has entered its final order in the case.
73. Irrelevant facts Evidence that does not tend to prove or disprove any issue of fact involved in a case.
74. Judgment A legal decision; when requiring debt repayment, a judgment may include a property lien that secures the creditor's claim by providing a collateral source.
75. Jurisdiction (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same…
76. Jury A certain number of men and women selected according to law and sworn to try a question of fact or indict a person for public offense.
77. Jury Foreman The member of the jury, chosen first, acts as the chairman and spokesperson for the jury.
78. Leading question A question that suggests the answer desired of the witness. A party generally may not ask one's own witness leading questions.
79. Litigant A party to a lawsuit.
80. Lower Court The court where a case starts, also known as the “trial court.”
81. Mandamus Writ issued by a superior court to an inferior tribunal to enforce the performance of a public duty.
82. Miranda warning Requirement that police tell a suspect in their custody of his or her constitutional rights before they question him or her.
83. Misdemeanor A criminal offense lesser than a felony and generally punishable by fine or by imprisonment of less than 1 year.
84. Motion A formal, written request filed with the court. Motions are made in court all the time for many purposes: to continue (postpone) a trial to a later date…
85. Movant A party making a motion.
86. Nolle Prosequi Not willing to proceed.
87. Notice of Appeal A document filed in the trial court that informs the trial court that the party intends to appeal the lower court’s decision.
88. Oath A solemn pledge in attestation of the truth of a statement or in verification of a statement made.
89. Opinion A judges written explanation of a decision of the court or of a majority of judges.
90. oral argument Presentation of an aspect of a case before a court by spoken argument; for example, at a motion calendar.
91. Order A written decision by the court (referee/judge) that something be done or not done This can range from an order that a case will be tried on a certain…
92. Parole Supervised release of a prisoner from imprisonment on certain prescribed conditions which entitle him to relief from a prison sentence.
93. Party A person, business, or government agency actively involved in the prosecution or defense of a legal proceeding.
94. Perjure To knowingly and willfully give false testimony under oath.
95. Petitioner The person filing a certain type of action in a court of original jurisdiction. Also, the person who appeals the judgment of a lower court. See respondent.
96. plaintiff A person or business that files a formal complaint with the court.
97. Plea The first pleading by a criminal defendant, the defendant's declaration in open court that he or she is guilty or not guilty.
98. Plea Agreement or plea bargain Plea bargaining is the process where the defendant and the prosecution come to an agreement as to a disposition of charges, subject to the Court's…
99. Pre-sentence investigation The procedure after conviction during which the defendant’s criminal history is investigated.
100. Pre-trial hearing A court procedure during which the issues to be tried are narrowed and certain facts and admissions are agreed upon in order to speed up the trial.