Legal And Judicial Terms

 

Allegation -- an assertion, declaration or positive statement by a party to a case which states what the party expects to prove.

 

Answer -- the defendant's written response to allegations in the case.

 

Appeal -- the process by which a decision in a case is carried from a lower court to a higher one for review. 

 

Bailiff -- a court official who maintains courtroom order and security and also assists the judge and jury as necessary. 

 

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

 

Civil Case -- an action brought by a person, company or other entity -- the plaintiff -- to protect some right or to help recover money or property from another person or company -- the defendant.

 

Closing Argument -- a summary of the evidence presented to the jury by the attorneys.

 

Complaint (civil) -- written statements by the plaintiff(s) setting forth the claims against the defendant(s).

 

Complaint (criminal) -- a formal statement charging an individual with a criminal offense.

 

Criminal Case -- an action brought in the name of the State of Ohio to try a person -- the defendant -- who is charged with a crime.

 

Cross-Examination -- the questioning of a witness by the opposing side. 

 

Defendant -- the person against whom a civil lawsuit is brought, or, in a criminal case, the person who is charged with committing a crime.

 

Deliberations -- jury discussions and consideration of the facts presented during the trial prior to reaching a verdict.

 

Deposition -- witness testimony taken under oath and outside the courtroom.

 

Direct Examination -- the first questioning of a witness by the party on whose behalf the witness is called.

 

Due Process -- a constitutional provision guaranteeing an accused person a fair and impartial trial.
 

Evidence -- any legally presented proof which may be established by witnesses, records, documents, or physical objects.

 

Exhibit -- any paper, document, or other object received by the court and offered as evidence during a trial or hearing.

 

Felony -- a serious criminal offense punishable by imprisonment in the penitentiary.

 

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

 

Instruction -- a direction given by a judge to the jury regarding the law in a case.

 

Litigant -- a person or group engaged in a lawsuit.

 

Misdemeanor -- a less serious criminal offense than a felony which is punishable by a fine or imprisonment in jail.

 

Oath -- a written or oral pledge to speak the truth.

 

Objection -- a statement by an attorney opposing the admission of specific testimony or evidence during trial.

 

Opening Statement -- an outline of anticipated proof presented to the jury by the attorneys at the beginning of the trial.

 

Overrule -- the court's denial of a motion or objection raised to the court; when a court overrules an objection to evidence (for example, testimony), the jury may properly consider it.

 

Parties -- persons, corporations, or associations which have brought a lawsuit or are defendants in a trial.

 

Plaintiff -- in a civil case, the person or other entity who files a claim against another person or, in a criminal case, the State of Ohio.

 

Probable Cause -- a reasonable belief that a crime has or is being committed; the basis for all lawful searches and arrests.

 

Prosecution -- the act of pursuing a lawsuit or criminal trial; the prosecution in a criminal case is brought by the state through the prosecutor.

 

Prosecutor -- the public official who performs the function of trial lawyer for the state.

 

Redirect Examination -- the examination of witnesses which follows cross-examination and is exercised by that party who first examined the witness.

 

Restitution to Victim -- an amount of money the court requires the defendant to pay the victim of a crime to repay the victim for damages or losses suffered as the result of the offense.

 

Sustain -- court's acceptance of any motion or objection; when a court sustains an objection to evidence (for example, testimony), the jury may not consider it.
 

Trial -- examination of issues regarding fact and law before a court.

 

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

 

Voir Dire Examination -- the preliminary questioning of jurors by the attorneys and/or the judge to establish their qualifications to sit on a particular jury.

 

Witness -- a person subpoenaed to testify under oath who possesses factual knowledge about a case.

 

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