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Legal And Judicial Terms
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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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