A court attendant who keeps order in the courtroom and has custody of the jury.
Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may be released from or "discharged" from their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings. The person with the debts is called the debtor and the people or companies to whom the debtor owes money to are called creditors.
The term means the whole body of lawyers authorized to practice law in a particular jurisdiction.
A state examination taken by prospective lawyers in order to be admitted and licensed to practice law.
The use of force against another, resulting in harmful or offensive contact. The actual threat to use force is an assault; the use of it is a battery, which usually includes an assault.
The seat occupied by the judge.
A trial without a jury, in which a judge decides the facts.
An order issued by a judge for the arrest of a person.
Someone named to receive property or benefits in a will or a person who is to receives benefits from a trust.
To give a gift to someone through a will.
Gifts made in a will.
Primary evidence; the best evidence available. Evidence short of this is "secondary." That is, an original letter is "best evidence," and a photocopy is "secondary evidence."
The standard in a criminal case requiring that the jury be satisfied to a moral certainty that every element of a crime has been proven by the prosecution. This standard of proof does not require that the state establish absolute certainty by eliminating all doubt, but it does require that the evidence be so conclusive that all reasonable doubts are removed from the mind of the ordinary person.
A statement of the details of the charge made against the defendant.
To hold a person for trial on bond (bail) or in jail. If the judicial official conducting a hearing finds probable cause to believe the accused committed a crime, the official will bind over the accused, normally by setting bail for the accused's appearance at trial.
The process of photographing, fingerprinting, and recording identifying data of a suspect. This process follows the arrest.
A written statement prepared by one side in a lawsuit to explain to the court its view of the facts of a case and the applicable law.
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. The responsibility of proving a point (the burden of proof) is not the same as the standard of proof. Burden of proof deals with which side must establish a point or points; standard of proof indicates the degree to which the point must be proven. For example, in a civil case, the plaintiff must establish his or her case by such standards of proof as a preponderance of evidence or clear and convincing evidence.
The list of cases scheduled for hearing in court.
A crime punishable by death.
The heading on a legal document listing the parties, the court, the case number, and related information.
Law established by previous decisions of appellate courts, particularly the Supreme Court.
The facts that give rise to a lawsuit or a legal claim.
A warning; a note of caution.
A written attestation. 2. An Authorized declaration verifying that an instrument is a true and correct copy of the original.
A means of getting an appellate court to review a lower court's decision. The loser of a case will often ask the appellate court to issue a writ of certiorari, which orders the lower court to convey the record of the case to the appellate court and to certify it as accurate and complete. If an appellate court grants a writ of certiorari, it agrees to take the appeal. This is often referred to as granting cert.
An objection, such as when an attorney objects at a hearing to the seating of a particular person on a civil or criminal jury.
Objection to the seating of a particular juror for a stated reason (usually bias or prejudice for or against one of the parties in the lawsuit). The judge has the discretion to deny the challenge.
A judge's private office. A hearing in chambers takes place in the judge's office outside of the presence of the jury and the public.
Moving a lawsuit or criminal trial to another place for trial.
The judge's instructions to the jury concerning the law that applies to the facts of the case on trial.
Presiding or Administrative Judge in a court.
Evidence that is not based on something a person knows or saw happen. One example is physical evidence, such as fingerprints.
A reference to a source of legal authority. 2. A direction to appear in court, as when a defendant is cited into court, rather than arrested.
Noncriminal cases in which one private individual or business sues another to protect, enforce, or redress private or civil rights.
The rules and process by which a civil case is tried and appealed, including the preparations for trial, the rules of evidence and trial conduct, and the procedure for pursuing appeals.