Court — page 2 of 2

Court terms

101. Preponderance of the evidence Greater weight of the evidence, the common standard of proof in civil cases.
102. pro se A nonlawyer who represents himself or herself in a court proceeding.
103. Probable cause 1. The basis for all lawful searches, seizures and arrests. 2. A reasonable belief that a crime has or is being committed.
104. Probation An alternative to imprisonment allowing a person found guilty of an offense to stay in the community, usually under conditions and under the supervision…
105. Prosecutor A lawyer representing the government in a criminal case and the interests of the state in civil matters.
106. Public Defender Government lawyer who provides free legal defense services to a poor person accused of a crime.
107. Rehabilitate To permanently change behavior.
108. Relevant Directly related to the issue as it tends either to prove or disprove the point.
109. Remand To send a dispute back to the court where it was originally heard. Usually it is an appellate court that remands a case for proceedings in the trial court…
110. Remedy Legal or judicial means by which a right or privilege is enforced or the violation of a right or privilege is prevented, redressed, or compensated.
111. Reply Brief A brief filed to respond to and rebut the arguments and facts raised in the other party’s brief.
112. Respondent 1. The person that must respond to allegations contained in a petition. 2. The person against whom an appeal is taken. See petitioner.
113. Respondent’s Brief The respondent’s answer to the appellant’s brief, where the respondent argues that the decision of the lower court was correct.
114. Restitution Act of restoring anything to its rightful owner; the act of restoring someone to an economic position he enjoyed before he suffered a loss.
115. Reverse An action of a higher court in setting aside or revoking a lower court decision.
116. Sentence The punishment ordered by a court for a defendant convicted of a crime. See concurrent and consecutive sentences.
117. Service See Services
118. Settlement After negotiating, the amount you agree to accept from the insurance company as full payment for your loss.
119. Standard of proof Indicates the degree to which an aspect of a case must be proven. In a civil case, the burden of proof rests with the plaintiff, who must establish his or…
120. Standard of Review The legal standard an appellate court uses to review a case on appeal, which determines how much deference the appellate court will show to the lower…
121. State State means one of the 50 States, the District of Columbia, Guam, Puerto Rico, Commonwealth of the Northern Mariana Islands, and the U.S. Virgin Islands.
122. Status offense A class of crimes that concerns the accused’s characteristics; for example - truancy only applies to minors.
123. Statutory law Laws promulgated by Congress and state legislatures. See case law and common law.
124. Stay A court order halting an event.
125. Stipulation An agreement between the parties to settle all or part of the case without further hearings. The stipulation must be approved by the Court.
126. Subpoena A command to a witness to appear and give testimony.
127. subpoena duces tecum A subpoena ordering a person to produce certain documents, records, or other items described therein for evidence (also under penalty for failure to…
128. Substantiated facts The facts that have been verified.
129. summary judgment Either party can make a motion (a request) that the Court decide the case based solely on the pleadings or documents that have been filed.
130. Summons The Order from the Court Administrator to the defendant telling her/him to come to court to respond to the Complaint, which must be attached to the…
131. Suspended sentence If certain conditions are met, a jail sentence need not be served. The sentence is then suspended.
132. Testimony The evidence given by a witness under oath. It does not include evidence from documents and other physical evidence.
133. Transcript a written copy of spoken or recorded material which is the official or legal copy of a court hearing, also called a court reporter’s transcript.
134. True Bill An indictment that has been presented to the grand jury, and is found to have sufficient probable cause on the basis of evidence presented, to hold a…
135. Unlawful detainer A legal action between a landlord and a tenant concerning the right to occupy the premises.
136. Verdict A conclusion, as to fact or law, that forms the basis for the judgment of the jury or the court. See Judgment as a Matter of Law.
137. Victim A person who is the object of the crime.
138. Violation A crime of a less serious nature than a felony or misdemeanor. In Delaware, the statute a person is charged with normally states whether it is a…
139. warrant A certificate giving the holder the right to purchase a security (such as a stock) at a set price within a specified period of time.
140. writ Authority to carry out or to act.