court system - cuvinte

Upload: cristescuoana

Post on 07-Aug-2018

218 views

Category:

Documents


0 download

TRANSCRIPT

  • 8/20/2019 Court System - Cuvinte

    1/14

  • 8/20/2019 Court System - Cuvinte

    2/14

  • 8/20/2019 Court System - Cuvinte

    3/14

    3

    21.  Bail - Security, usually in the form of money or property, exchanged for the release of a jailed

    person to insure his or her appearance in court.

    Bail Release of a defendant from custody, until his/her next appearance in Court, subject

    sometimes to security being given and/or compliance with certain conditions

    22.  Bailiff - An officer from the sheriff’s department who maintains courtroom order and jury

    custody.

    Bailiffs and enforcement officers are people authorised to remove and sell possessions in order

    to pay the money a debtor owes to a person or an organisation. They may also conductevictions, and arrest people.

    A bailiff can also serve (deliver) court documents on people

    23.  Bar Association - A collective body of attorneys qualified to practice law in a particular

     jurisdiction, such as the American Bar Association, or Kentucky Bar Association.

    24.  Brief - A written or printed document prepared by counsel to file in court, usually setting forth

    both facts and law in support of a case.

    Brief 

    Written instructions to counsel to appear at a hearing on behalf of a party prepared by the

    solicitor and setting out the facts of the case and any case law relied uponbrief: a written or printed document prepared by the lawyers on each side of a dispute and

    submitted to the court in support of their arguments - a brief includes the points of law which

    the lawyer wished to establish, the arguments the lawyer uses, and the legal authorities on

    which the lawyer rests his/her conclusions.

    25. bench, The Judge's seat or the judge, himself/herself, (e.g., the attorney addressed the bench)

    26.  Case - Any proceeding action, cause, suit, lawsuit or controversy initiated through the court

    system by filing a complaint, petition or indictment.

    CaseAn action, suit or claim in a court of law. It can also mean the arguments put forward by parties

    in a court of law

    27.  Case (Capital) - A criminal case in which the death sentence may be imposed.

    Capital Case - A prosecution for murder in which the prosecutor asks the jury to decide if the

    defendant is guilty and, if he is, whether he should be put to death. When prosecutors bring a

    capital case (also called a death penalty case), they must charge one or more "special

    circumstances" that the jury must find to be true in order to sentence the defendant to death.

    Each state (and the federal government) has its own list of special circumstances, but common

    ones include multiple murders, use of a bomb, or a finding that the murder was especially

    heinous, atrocious, or cruel.

    28.  Charge to the Jury - A judge's instructions to the jury regarding the laws pertaining to a case.

    charge to jury: in trial practice, an address delivered by the court to the jury at the close of the

    case instructing the jury as to what principles of law they are to apply in reaching a decision

    charge to jury: in trial practice, an address delivered by the court to the jury at the close of the

    case instructing the jury as to what principles of law they are to apply in reaching a decision

  • 8/20/2019 Court System - Cuvinte

    4/14

    4

    29.  Closing argument - A summary of evidence presented to the jury by the attorneys involved in a

    trial.

    A closing argument, summation, or summing up is the concluding statement of each party's

    counsel reiterating the important arguments for the trier of fact, often the jury, in a court case.

    A closing argument occurs after the presentation of evidence. A closing argument may not

    contain any new information and may only use evidence introduced at trial. It is not customary

    to raise objections during closing arguments, except for egregious behavior. However, such

    objections, when made, can prove critical later in order to preserve appellate issues.30.  Codicil - A supplement or addition to a will.

    Codicil An addendum signed and executed which amends or adds something to a will

    31.  Commute a Sentence - reduction of legal penalties, especially in terms of imprisonment.

    Commutation of sentence involves the reduction of legal penalties, especially in terms of 

    imprisonment. Unlike a pardon, a commutation does not nullify the conviction and is often

    conditional. Clemency is a similar term, meaning the lessening of the penalty of the crime

    without forgiving the crime itself. The act of clemency is a reprieve. Today, pardons and

    reprieves are granted in many countries when individuals have demonstrated that they have

    fulfilled their debt to society, or are otherwise deserving (in the opinion of the pardoning

    official) of a pardon or reprieve.32.  Concurrent Sentences - Sentences for multiple crimes that are served at the same time, or

    concurrently.

    Concurrent Sentence A direction by a Court that a number of sentences of imprisonment should

    run at the same time

    33.  Consecutive Sentences - Sentences for multiple crimes that succeed one another.

    Consecutive Sentence An order for a subsequent sentence of imprisonment to commence as

    soon as a previous sentence expires. Can apply to more than two sentences

    34.  Contempt of Court - Disregard or disobedience for the authority of a court of law.

    Contempt of Court Disobedience or wilful disregard to the judicial process.

    35.  Conviction - The finding that a person is guilty beyond a reasonable doubt of committing acrime.

    Conviction In civil cases, for example, failing to appear as a witness without informing the court

    or the party that called you. A person found to be in civil contempt of court could be fined.

    In law, a conviction is the verdict that results when a court of law finds a defendant

    guilty of a crime.[1] The opposite of a conviction is an acquittal (i.e. "not guilty"). In Scotland and

    in the Netherlands, there can also be a verdict of "not proven", which counts as an acquittal.

    There are also cases where the court orders that a defendant not be convicted, despite

    being found guilty.

    For a host of reasons, the criminal justice system is not perfect, and sometimes guilty

    defendants are acquitted, while innocent people are convicted. Appeal mechanisms mitigate

    this problem to some extent. An error which results in the conviction of an innocent person isknown as a miscarriage of justice.

    After a defendant is convicted, the court determines the appropriate sentence as a

    punishment. Furthermore, the conviction may lead to results beyond the terms of the sentence

    itself. Such ramifications are known as the collateral consequences of criminal charges.

    A minor conviction is a warning conviction, and it does not affect the defendant but

    does serve as a warning.

  • 8/20/2019 Court System - Cuvinte

    5/14

    5

    A history of convictions are called antecedents, known colloquially as "previous" in the

    United Kingdom, and "priors" in the United States and Australia. The history of convictions also

    shows that a minor law conviction can be prosecuted as any individuals punishment.

    36.  Counterclaim - A claim filed by a defendant against the plaintiff in a civil action.

    counterclaim: 1. In civil actions, a claim brought by a defendant against the plaintiff for an

    unlimited amount of money. 2. In small claims/commercial claims, a claim brought by a

    defendant against the plaintiff for an amount not to exceed the maximum monetary jurisdiction

    allowed in the small claims/commercial claims court.

    Counterclaim A claim made by a defendant against a claimant in an action. There is no limit

    imposed on a counterclaim, but a fee is payable according to the amount counterclaimed

    37.  Cross Examination - Questioning of a witness by opposing counsel.

    Cross-examination The questioning of a witness for the other side in a case.

    cross- examination: questioning by a party or his attorney of an adverse party or a witness

    called by an adverse party

    38.  certified copy, Copy of a document signed and certified as a true copy of an original by the Clerk

    of the Court or other authorized persons (e.g., lawyer).

    39.  certify, to testify in writing

    40.  change of venue, the removal of a suit begun in one county or district to another county or

    district for trial, though the term may also apply to the removal of a suit from one court to

    another court of the same county or district

    41.  Chief Justice, is the name for the presiding member of a supreme court in many countries with a

     justice system based on English common law, such as the Supreme Court of Canada, the

    Constitutional Court of South Africa, the Court of Final Appeal of Hong Kong, the Supreme Court

    of India, the Supreme Court of Pakistan, the Supreme Court of Nepal, the Supreme Court of 

    Ireland, the Supreme Court of New Zealand, the High Court of Australia, the Supreme Court of 

    the United States, and provincial or state supreme courts.

    The situation is slightly different in the three legal jurisdictions within the United

    Kingdom. The courts of England and Wales are headed by the Lord Chief Justice of England and

    Wales; in Northern Ireland's courts, the equivalent position is the Lord Chief Justice of Northern

    Ireland and in Scottish courts, the equivalent is the Lord President of the Court of Session. These

    three judges are not, though, part of the Supreme Court of the United Kingdom, which operates

    across all three jurisdictions and is headed by the President of the Supreme Court of the United

    Kingdom.

    The Chief Justice can be selected in many ways, but, in many nations, the position is

    given to the most senior justice of the court, while, in the United States, it is often the

    President's most important political nomination, subject to approval by the United States

    Senate. Although the title of this top American jurist is, by statute, Chief Justice of the United

    States, the term "Chief Justice of the Supreme Court" is often used unofficially.

    In some courts, the Chief Justice has a different title, e.g. President of the Supreme

    Court. In other courts, the title of Chief Justice is used, but the court has a different name, e.g.

    the Supreme Court of Judicature in colonial (British) Ceylon, and the Maryland Court of Appeals(in the US state of Maryland).

    42.  Chief Judge, is a title that can refer to the highest-ranking judge of a court that has more than

    one judge. The meaning and usage of the term vary from one court system to another. While

    the term "Chief Judge" is used in some courts, other courts use terms such as "Chief Justice,"

    "Presiding Judge," "President Judge," or "Administrative Judge."

    43.  circuit, is the name of court systems in several common law jurisdictions.

  • 8/20/2019 Court System - Cuvinte

    6/14

    6

    44.  citation, 1) summons to appear; 2) reference to authorities in support of an argument

    45.  civil suit,

    46.  claim, Proceedings issued in the County or High Court. Previously know as an Action. See also

    Civil case or claim

    47.  clerk's minutes, notes, which are taken by a clerk, of events that occurred in court

    48.  commitment, an order to commit a person to the custody of a sheriff, commissioner of 

    corrections, or mental health facility

    49.  compensatory damages, reimbursement for actual loss or injury, as distinguished fromexemplary or punitive damages

    Compensation Usually a sum of money offered in recompense (to make amends) for an act,

    error or omission that harmed someone. The harm suffered may have been loss, personal injury

    or inconvenience

    50.  complainant, A person who makes a complaint

    51.  complaint (civil), the initial pleading in an action formally setting forth the facts and reasons on

    which the demand for relief is based

    52.  complaint (criminal), In legal terminology, a complaint is any formal legal document that sets

    out the facts and legal reasons (see: cause of action) that the filing party or parties (the

    plaintiff(s)) believes are sufficient to support a claim against the party or parties against whomthe claim is brought (the defendant(s)) that entitles the plaintiff(s) to a remedy (either money

    damages or injunctive relief)]). For example, the Federal Rules of Civil Procedure (FRCP) that

    govern civil litigation in United States courts provide that a civil action is commenced with the

    filing or service of a pleading called a complaint. Civil court rules in states that have incorporated

    the Federal Rules of Civil Procedure use the same term for the same pleading.

    53.  counsel, Lawyer or attorney

    Counsel A Barrister or solicitor in legal proceedings

    54.  Defendant - The person against whom a civil lawsuit is started, or a crime is charged.

    Defendant (civil) The person who has a claim made against them. They can defend (dispute the

    claim) or admit liability, in part or in fullDefendant (criminal) Person standing trial or appearing for sentence

    55.  Deliberations - Jury discussions and consideration of the facts presented prior to reaching a

    verdict, or decision.

    deliberation: the process by which a panel of jurors comes to a decision on a verdict

    56.  Deposition - Testimony taken under oath and outside the courtroom.

    Deposition A statement of evidence written down and sworn on oath, or by affirmation

    deposition: sworn testimony of a witness

    57.  Direct Examination - Questioning of a witness by counsel who introduced the witness.

    direct examination: the first interrogation of a witness by the party on whose behalf the witness

    is called

    58.  Due process - A constitutional provision guaranteeing an accused person a fair and impartial

    trial.

    59.  damages, Monetary compensation or indemnity for wrong or injury caused by the violation of a

    legal right. 1. Compensatory damages - Reimbursement for actual loss or injury. 2. Exemplary

    damages - Monetary award by way of punishment for injury caused by aggravated

    circumstances or malice, in addition to compensation for the injury. 3. Punitive damages -

  • 8/20/2019 Court System - Cuvinte

    7/14

    7

    Monetary compensation awarded in excess of ordinary damages, as punishment for a gross

    wrong.

    Damages An amount of money claimed as compensation for physical/material loss, e.g.

    personal injury, breach of contract

    60.  decision, the determination reached by a court in any judicial proceeding, which is the basis of 

    the judgment

    61.  decree, An order of the Court in proceedings commenced by petition

    Decree Absolute A final certificate, resulting from an application, dissolving a marriageDecree Nisi Order for divorce unless cause to contrary is shown within a set period

    62.  default, a "default" in an action of law occurs when a defendant omits to plead or otherwise

    defend within the time allowed, or fails to appear at the trial

    Default Judgment May be obtained without a hearing by the claimant if the defendant fails to

    reply or pay within a 14 day period after service of the claim. A claimant can apply for a default

     judgment if the amount claimed is specified or for a judgment on liability if the amount claimed

    is unspecified.

    63.  deponent, Person giving evidence by affidavit

    deponent: One who testifies under oath to the truth of facts.

    64.  deposition, A statement of evidence written down and sworn on oath, or by affirmationdeposition: sworn testimony of a witness

    65.  dismissal, To make order or decision that a claim be ceased

    dismissal: termination of a proceeding for a procedurally prescribed reason

    dismissal with prejudice: Action dismissed on the merits which prevents renewal of the same

    claim or cause of action.

    dismissal without prejudice: Action dismissed, not on the merits, which may be re-instituted.

    66.  dispose, : the act of terminating a judicial proceeding

    67.  disposal, Case disposal The case is taken out of the court process (see Disposal).

    68.  district, District Judge A judicial officer of the Court whose duties involve hearing applications

    made within proceedings and final hearings subject to any limit of jurisdiction Previously knownas Registrars

    District Registry see High Court

    High Court

    A civil Court which consists of three divisions:-

    i) Queen's Bench (can be known as King's Bench Division if a King is assuming the throne) - civil

    disputes for recovery of money, including breach of contract, personal injuries, libel/slander;

    ii) Family - concerned with matrimonial maters and proceedings relating to children, e.g.

    wardship;

    iii) Chancery - property matters including fraud and bankruptcy

    69.  District Court,

    70.  Evidence - Any legally presented proof by a witness, records, documents, etc. during the course

    of a trial.

    Evidence -a form of proof or probative matter legally presented at the trial of an issue by the

    acts of the parties and through witnesses, records, documents, concrete objects, etc., for the

    purpose of inducing belief in the minds of the court or the jury

  • 8/20/2019 Court System - Cuvinte

    8/14

    8

    Evidence

    Documentary or other material which is used to support a person’s case in a court of law

    71.  Exhibit - Papers, documents, or other material objects received by the court and offered as

    evidence during a trial or hearing.

    Exhibit a paper, document or other article produced and exhibited to a court during a trial or

    hearing and, on being accepted, is marked for identification or admitted in evidence

    Exhibit Item or document referred to in an affidavit or used as evidence during a Court trial or

    hearing72.  estop, to stop, bar, or impede

    73.  estoppel, a rule of law which prevents a person from alleging or denying a fact, because of 

    his/her own previous act

    74.  eviction (warrant of), Legal mandate authorizing an enforcement officer to remove persons and

    their personal property from their premises.

    75.  execution, execution: (1) the performance of all acts necessary to render a written instrument

    complete, such as signing, sealing, acknowledging, and delivering the instruments (2)

    supplementary proceedings to enforce a judgment, which, if monetary, involves a direction to

    the sheriff to take the necessary steps to collect the judgment

    Execution (see taking control of goods) Seizure of debtors goods following non payment of aCourt order

    76.  expunge, the authorized act of physically destroying information, in files, computers or other

    depositories

    77.  Felony - A serious criminal offense punishable by imprisonment exceeding one year.

    78.  fee, a fixed charge for service rendered on behalf of court

    79.  fiduciary, a person or institution who manages money or property for another, and who must

    exercise a standard of care in such management activity imposed by law or contract

    80.  finding, the court's or jury's decision on issues of fact

    81.  fine, a sum imposed as punishment for an offense

    82.  foreclosure, a legal proceeding that bars or extinguishes right83.  foreperson, a member of a jury, usually the first juror called and sworn, or a juror elected by

    fellow jurors, who delivers the verdict to the court

    84.  Indictment - A grand jury's written accusation charging that a person or business allegedly

    committed a crime.

    85.  Injunctions - Court orders enjoining or prohibiting parties in court or legal matters from specific

    courses of action.

    Injunction a court order for a party to stop doing or to start doing a specific act

    Injunction A court order which either restrains a person from a course of action or behaviour, or

    which requires a person to follow another course of action.

    86.  Instructions - Direction given by a judge to the jury regarding the law in a case

    87.  Jury - People selected as prescribed by law to render a decision or verdict in a trial.

     jury: a prescribed number of persons selected according to law and sworn to make findings of 

    fact

    Jury Body of jurors sworn to reach a verdict according to the evidence in a Court

  • 8/20/2019 Court System - Cuvinte

    9/14

    9

    88.  habeas corpus, : "You have the body." - the name given a variety of writs whose object is to

    bring a person before a court or judge - in most common usage, it is directed to the official or

    person detaining another, commanding him/her to produce the body of a person detained so

    the court may determine if such person has been denied his/her liberty without due process of 

    law

    89.  hearing, a preliminary examination where evidence is taken for the purpose of determining an

    issue of fact and reaching a decision on the basis of that evidence

    90.  hearsay, a type of testimony given by a witness who relates not what he/she knows personally,but what others have told the witness, or what the witness has heard said by others; may be

    admissible or inadmissible in court depending upon rules of evidence

    91.  hung jury, a jury whose members cannot reconcile their differences of opinion and thus cannot

    reach a verdict

    92.  empanelling, the process by which jurors are selected and sworn to their task

    93.  interpreter, a person sworn at a judicial proceeding to translate oral or written language

    94.  judge, An officer appointed to administer the law and who has authority to hear and try cases in

    a court of law

    95.  judgment, A determination of the rights of the parties in an action or special proceeding. A

     judgment shall refer to and state the result of a verdict or decision, or recite the circumstanceson which it is based

    96.  judgment roll, a record of the judgment with the supporting papers

    97.  jurisdiction, the geographical, subject matter, and monetary limitations of a court

    Personal jurisdiction- Directed to a specific person to impose a personal liability on him (usually

    the defendant).

    Subject matter jurisdiction- Topic of consideration, thing in dispute, right claimed by one party

    against another

    Jurisdiction The area and matters over which a court has legal authority

    98.  Misdemeanour - A less serious criminal offense punishable by a fine or imprisonment not to

    exceed one year.A misdemeanor (also spelled misdemeanour) is any "lesser" criminal act in some common law

    legal systems. Misdemeanors are generally punished less severely than felonies, but

    theoretically more so than administrative infractions (also known as minor, petty or summary

    offences) and regulatory offences. Many misdemeanors are punished with monetary fines.

    99.  Oath - A written or oral pledge to keep. a promise to speak the truth.

    Oath To call upon God to witness that what you say at the hearing is the truth or binding. (see

    affirmation)

    oath: a swearing to the truth of a statement which, if made by one who knows it to be false,

    may subject one to a prosecution for perjury or other legal proceedings

    100.   Objection - A statement by an attorney opposing specific testimony or admission of 

    evidence.

    Objection Disagreement with an argument or set out by another at the hearing

    101.   Opening Statement - An outline of anticipated proof presented to the jury by the attorneys in a

    case.

    opening statement: the first address of counsel prior to offering of evidence overrule

    102.   Overrule - The court's denial of a motion or objection raised to the court.

  • 8/20/2019 Court System - Cuvinte

    10/14

    10

    overrule 1. reject or disallow by exercising one's superior authority. 2.reject the decision or

    opinion of. "welfare staff overruled an experienced detective"

    103.   litigant, Party to a legal action

    Litigant in person A person who starts or defends a case without legal representation. Such a

    person is entitled to be accompanied by another person who may advise them, but may not

    address the court

    104.   litigation, Legal proceedings or court action. Litigation can be either civil or criminal

    proceedings.105.   material witness, person whose testimony on some issue has been judicially

    determined as relevant and substantial

    106.   minutes, a record of court proceedings kept by noting significant events

    107.   mistrial, a trial which has been terminated and declared void prior to the reaching of 

    verdict due to extraordinary circumstance, serious prejudicial misconduct or hung jury - it does

    not result in a judgment for any party but merely indicates a failure of trial

    108.   moot, unsettled, undecided, not necessary to be decided

    109.   Perjury - The act of a witness providing false or misleading testimony while under oath

    in criminal court proceedings.

    110.   Peremptory Challenges - The removal of members from a jury for no stated reason orcause-

    Peremptory challenge in law refers to a right in jury selection for the attorneys to reject a

    certain number of potential jurors without stating a reason. Other potential jurors may be

    challenged for cause, i.e., by giving a good reason why they might be unable to reach a fair

    verdict, but the challenge will be considered by the presiding judge and may be denied.

    A peremptory challenge can be a major part of voir dire.

    The idea behind peremptory challenges is that if both parties have contributed in the

    configuration of the jury, they will find its verdict more acceptable. The existence of peremptory

    challenges is argued to be an important safeguard in the judicial process, allowing both the

    defendant and the prosecution to get rid of potentially biased jurors. Their use allows attorneys

    to use their training and experience to dismiss jurors who might say the correct thing, but mightotherwise harbor prejudices that could infringe the rights of the defendant to a fair trial.

    A peremptory challenge also allows attorneys to veto a potential juror on a "hunch".

    111.   Preliminary Hearings - Synonymous with "preliminary examination." The court hearing

    given a person charged with a crime to determine whether he or she should be released or

     jailed –

    Preliminary hearing A hearing in which the Judge ensures that the parties understand what they

    must do to comply with any directions and offers guidance on such matters as the use of an

    expert witness. This hearing is before the final hearing

    112.   Pleadings - The offering of pleas of a specific nature, such as guilty or not guilty, to a

    court.

    pleadings: complaint or petition, answer, and reply

    Pleading Documents setting out claim/defence of parties involved in civil proceedings

    113.   Probate - The legal process of determining the validity of a will.

    Probate The legal recognition of the validity of a will

    114.   Probation - Suspending the sentence of a convicted person and granting supervised

    freedom on the promise of good behavior.

  • 8/20/2019 Court System - Cuvinte

    11/14

  • 8/20/2019 Court System - Cuvinte

    12/14

    12

    may have been committed (for arrest) and that evidence of the crime is present in the place to

    be searched (for search).

    123.   precedent, previously adjudged action or decision on same or similar point, serving as a

    rule or example for present guidance

    Precedent The decision of a case which established principles of law that act as an authority for

    future cases of a similar nature

    In United States criminal law, probable cause (also referred to as reasonable cause) is the

    standard by which an officer or agent of the law has the grounds to obtain a warrant for, or asan exception to the warrant requirements for, making an arrest or conducting a personal or

    property search, etc. when criminal charges are being considered. It is also used to refer to the

    standard to which a grand jury believes that a crime has been committed. This term comes from

    the Fourth Amendment of the United States Constitution:

    The right of the people to be secure in their persons, houses, papers, and effects, against

    unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon

    probable cause, supported by Oath or affirmation, and particularly describing the place to be

    searched, and the persons or things to be seized.

    "Probable" in this case may relate to actual statistical probability, or to a general standard of 

    common behavior and customs. The context of the word "probable" here is not exclusive tocommunity standards and does not predate statistics, as some have suggested.

    124.   proceeding, : the succession of events constituting the process by which judicial action

    is invoked and utilized pursuant to procedure

    125.   prosecutor, Person who prosecutes (see PROSECUTION)

    126.   Rebuttal - The introduction of evidence to discredit statements of witnesses.

    rebuttal - an instance of rebutting evidence or an accusation.

    to refute or disprove, esp by offering a contrary contention or argument

    127.   Redirect Examination - Follows cross examination and is exercised by the counsel who

    introduced the witness.

    Redirect examination is the trial process by which the party who offered the witness has achance to explain or otherwise qualify any damaging or accusing testimony brought out by the

    opponent during cross-examination. Redirect examination may question only those areas

    brought out on cross-examination and may not stray beyond that boundary.

    When a witness is presented for testimony in the U.S. judicial system, the order is "direct"

    testimony, then the opposing attorney does "cross" and then "redirect" from the attorney first

    offering the witness. "Recross" may be allowed, but usually the opposing attorney must ask for

    permission from the judge before proceeding with this additional round of questioning.

    128.   Sequester a Jury - To place members of a jury into 24 hour a day seclusion until they are

    able to reach a verdict.

    Sequester to separate, set apart, hold aside for safekeeping or awaiting some determination;

     jurors are sequestered when not permitted to return home until the case is closed

    Jury sequestration is the isolation of a jury to avoid accidental or deliberate tainting.[1]

    Although sequestration is rare, publicity surrounding a trial and interested parties may interfere

    with juror objectivity; a judge may order that a jury be sequestered in order to prevent others

    from tampering with members of the jury through undue persuasion, threats, or bribes.

  • 8/20/2019 Court System - Cuvinte

    13/14

    13

    129.   Status Offense - Non-criminal forms of misbehavior, such as running away from home,

    skipping school, or being beyond the control of parents or teachers.

    Two common definitions of a status offense or status crime are

    1. A status offense is an action that is prohibited only to a certain class of people, and most

    often applied only to offenses committed by minors.

    2. In the United States, the term status offense refers to an offense such as a traffic

    violation where motive is not a consideration in determining guilt. In the United Kingdom and

    Europe, this type of status offense may be termed a regulatory offense.

    130.   Subpoena - A written legal notice requiring a person to appear in court to provide

    testimony as a witness.

    Subpoena Legal process which commands a witness to appear and testify.

    Subpoena A summons issued to a person directing their attendance in Court to give evidence

    131.   Sustain - The court's acceptance of any motion or objection.

    Sustain To affirm the validity of:

    132.   recuse, challenge (a judge or juror) as unqualified to perform legal duties because of a

    potential conflict of interest or lack of impartiality.

    o (of a judge) excuse oneself from a case because of a potential conflict of interest or lackof impartiality.

    "it was the right of counsel to ask a judge to recuse himself from continuing to hear a case

    because of bias"

    recuse: To disqualify oneself as a judge

    133.   relief , Legal remedy

    134.   sanction, a penalty or punishment provided as a means of enforcing obedience to a law,

    rule or code; also, an authorization

    Sanction A penalty imposed on a person involved in a case if he or she, for example, fails to

    comply with directions or refuses to consider an alternative to court. Even though a person wins

    a case, the judge may order them to pay the other party’s costs135.   seal, to close a case file from public scrutiny - in instances of youthful offenders and

    acquittal, sealing orders are issued by the court to prevent the public from obtaining

    information on the cases

    136.   statutes,

    137.   statute of limitations, a statute that declares that no actions of a specified kind be

    commenced after a specified period of time after the cause of action arose

    138.   stay, a stopping or suspension of procedure or execution by judicial or executive order

    139.   stipulation, an agreement by attorneys on opposite sides of a case as to any matter

    pertaining to the proceedings or trial - most stipulations must be in writing

    140.   stipulation of settlement, A formal agreement between litigants and/or their attorneys

    resolving their dispute.

    141.   suit, A legal action or proceeding.

    Suit Legal proceedings commenced by petition

    142.   summons, A form used to commence a civil action and acquire jurisdiction over a party

    Summons Order to appear or to produce evidence to a court

    Summons (Jury) Order to attend for jury service

  • 8/20/2019 Court System - Cuvinte

    14/14

    14

    Summons (Witness) Order to appear as a witness at a hearing

    143.   testify,

    144.   testimony, an oral declaration made by a witness or party under oath

    145.   trial, the formal examination of a legal controversy in court so as to determine the issue

    Trial A public hearing in which the evidence in a case, and the law which applies, are examined

    Trial (civil) Civil trials are generally held before one or more judges without a jury. The form and

    length of a civil trial will depend on the track to which the case has been allocated

    146.   Venire - A group of sworn jurors.; technically, a writ summoning persons to court to act

    as jurors; popularly used as meaning the body of names thus summoned

    147.   Verdict - The final formal trial decision made by a jury, read before the court and

    accepted by the judge.

    verdict: the determination of a jury on the facts

    Verdict The finding of guilty or not guilty by a jury

    148.   Voir Dire Examination - The preliminary questioning of jurors to establish their

    qualifications.

    voir dire: a questioning of prospective jurors by the attorneys, and, on application of any party,

    by the judge, to see if any of them should be disqualified or removed by challenge orexamination

    149.   Witness - A person testifying under oath in court, who possesses factual knowledge

    about a case.

    witness: one who testifies to what he/she has seen, heard, or otherwise observed

    150.   Writ of Mandamus - An order issued by a court of superior jurisdiction commanding

    performance of a particular act by an inferior court or public official.

    writ: an order issuing from a court of justice and requiring the performance of a specified act, or

    giving authority and commission to have it done

    151.   Writ of Prohibition - An order issued by a court of superior jurisdiction commanding a

    lower court to vacate a ruling issued in a suit.152.   venue, 1. Geographical place where some legal matter occurs or may be determined. 2.

    The geographical area within which a court has jurisdiction. It relates only to a place or territory

    within which either party may require a case to be tried. A defect in venue may be waived by

    the parties.

    153.   waiver, an intentional and voluntary relinquishment of some known right

    154.   warrant, a written order directing the arrest of a person issued by an authority -

    warrants are "issued," "executed" or "canceled"