Abet: To help or encourage someone else to commit a crime.

Abeyance: A state of temporary disuse or suspension; an unsettled state; the condition of an estate in
fee or freehold.

Abrogate: To repeal, revoke, or end; particularly applies to laws, rights, orders, or formal agreements.

Accessory after the fact: A person who aids a felon, knowing that he or she has committed a felony and
intending to help him or her escape punishment. See also accomplice, aid and abet, conspiracy.

Accessory before the fact: Someone who encourages or helps another plan to commit a felony but who
is not present during the commission of the crime.

Ad Litem: For the lawsuit; for the purposes of the lawsuit being prosecuted.

Ad Litem, guardian: Someone appointed to act in a lawsuit on behalf of a child or incapacitated party.

Ad Valorem: According to the value; in proportion to value.

Ad Valorem Tax: A tax assessed on the value of property

A Fortiori: With a stronger reason; used in argument to describe a proposition that must be true
because it is a subcategory of something that is true.

A Posteriori: Relating to knowledge gained through recent observation or experience.

Arraignment: The bringing of a defendant before the court to answer the matters charged against him
in an indictment or information. The defendant is read the charges and must respond with his plea.

Arrest: Deprivation of one’s liberty by legal authority.

Averment: In a pleading, a positive assertion of fact.

Bail: An amount of money set by the court to procure the release of a person from legal custody; this
money is to be forfeited if the defendant fails to appear for trial.

Beyond a Reasonable Doubt: The standard of proof required for a finding of guilty in a criminal matter.
Satisfied to a moral certainty. This is a higher standard of proof than that required in a civil matter
(preponderance of the evidence).

Bias: A preconceived opinion or prejudice; a condition that renders someone unable to judge a matter
impartially. To influence in such a way as to render someone else’s judgment prejudiced.

Bill of Attainder: A legislative act that inflicts capital punishment on someone who has been accused of
a serious offense but has not been convicted at trial.

Carnal Knowledge: Sexual intercourse; penetration of a female’s genitals by a male’s.

Certiorari: A writ issued by an appellate court to a lower court requesting the official record of a decision
made by the lower court so that the appellate court can review it for errors.

Co-Defendant: Any additional defendant or respondent in the same case.

Controlled Dangerous Substance: That group of legally designated drugs, which, by statute, it is illegal
to possess or distribute.

Corpus: Body; a collection or mass; the principal mass of a physical substance. In trust law, it is the
principal or res of an estate.

Corpus delicti: The body of a crime; the person or object on which the crime is committed, or the prima
facie showing that the person or object was the victim of a crime; a necessary element for conviction,
including the occurrence of some injury and some criminal act.

Corpus Juris: Body of law; a book that collects principles of law.

Corpus Juris Canonici: A collection of canon law.

Corpus Juris Civilis: A collection of civil law

Criminal complaint: The initial written notice to a defendant that he/she is being charged with a public
offense.

Culpa: A term of the civll law, meaning fault, neglect or negligence.

There are three degrees of culpa:

Lata Culpa: gross fault or neglect

Levis Culpa: ordinary fault or neglect

Levissima Culpa: slight fault or neglect

Deliberations: The discussions ofthe jury which occur after tile judge has instructed them to retire ro the
jury room and consider their verdict.

Deposition: Testimony of a witness, under oath, given prior to trial in the presence of a court reporter
who types up a transcript. This testimony may be read to the jury at the trial. Attorneys for both sides
are present when a deposition is taken. It also may be used to deny or contradict a witness' testimony or
for the purpose of refreshing a witness' recollection.

De Facto: In fact, in reality; used to describe a situation that is for all practical purposes the case, though
it might not be legal or official; see also de jure.

De Jure: By law, by right; the condition of being in compliance with all applicable laws; legitimate and
lawful. See also de facto.

Dolo: Means deceit. There is deceit when an act is performed with deliberate intent.

Double Jeopardy: A plea entered by a defendant who has been tried for an offense wherein he asserts
that he cannot be tried a second time for said offense, unless he successfully secured a new trial after an
appeal, or after a motion for a new trial was granted by the trial court.
Due Process of Law: The exercise of the powers of the government with the safeguards for the
protection of individual rights as set forth in the constitution, statutes, and common case law.

Evidence: Testimony or exhibits offered in a judicial proceeding

for the purpose of establishing the truth or falsity of

an alleged matter of fact.

Direct Examination: Questions which the attorneys ask their own clients or witnesses.

Cross- Examination: Questions which a lawyer asks the opposing party or witness ro rest wherher the
person is telling the truth.

Redirect Examination: Follows cross-examination and is exercised by the party who first examined the
witness.

Ex Parte: From a side; on behalf of one side of a case.

Exhibits: Objects. pictures, books, letters and documents which

are admitted in evidence.

Felony: A crime of a more serious nature than a misdemeanor, the exact nature of which is defined by
state statute and which is punishable by a term of imprisonment exceeding one year or by death.

Impeach: As used in the Law of Evidence, to call into question the truthfulness of a witness, by means of
introducing evidence to discredit him or her.

Indictment: A written accusation presented by a grand jury after having been presented with evidence,
charging that a person named therein has done some act, or has been guilty of some omission that by
law is a public offense.

Miranda Warnings: The compulsory advisement of a person’s rights prior to any custodial interrogation;
these include:

a) the right to remain silent;

b) that any statement made may be used against him/her;

c) the right to an attorney;

d) the appointment of counsel if the accused cannot afford his or her own attorney.

Unless these rights are given, any evidence obtained in an interrogation cannot be used in the
individual’s trial against him/her.

Misdemeanor: Offense lower than felony and generally punishable by a fine or imprisonment other than
in a penitentiary.

Motion to Quash: Application to the court to set aside the complaint, indictment or subpoena due to a
lack of probable cause to arrest the defendant, or in matters heard by a grand jury, due to evidence not
properly presented to the grand jury.
Motion to Sever: Application to the court made when there are two defendants charged with the same
crimes or who acted jointly in the commission of a crime, when their attorneys feel it would be in their
best interest if they had separate trials.

Motion to Suppress Evidence: Application to the court to prevent evidence from being presented at trial
when said evidence has been obtained by illegal means. It applies to physical evidence, statements
made by defendant when not advised by counsel or through wiretapping, prior convictions, etc..

Parole: A conditional release from custody at the discretion of the paroling authority prior to his or her
completing the prison sentence imposed. During said release the offender is required to observe
conditions of this status under the supervision of a parole agency.

Plea: A defendant’s formal answer in court to the charges contained in a charging document.

Guilty: A plea by the defendant in which he acknowledges guilt either of the offense charged or of a less

serious offense pursuant to an agreement with the prosecuting attorney. It should be understood,
however, that the court may not be obliged to recognize this.

Nolo Contendere: A plea that is admissible in some jurisdictions, in which the defendant states that he
does not contest the charges against him. Also called "no contest", this plea has the same effect as a
guilty plea, except that it cannot be used against the defendant in civil actions arising out of the same
incident which gave rise to the criminal charges.

Not Guilty: A plea of innocence by the defendant.

Not Guilty by Reason of Insanity: A plea that is sometimes entered in conjunction with the "not guilty"
plea.

Plaintiff: The party who institutes a legal action.

Pleadings: All the documents filed by the parties before the trial to establish what issues must be
decided by the jury.

Police Report: The official report made by any police officer involved with the incident or appearing
after the incident, setting forth the officer’s observations and statements of parties and witnesses. It can
be used as evidence in a trial.

Pre-Trial Intervention: Utilized in some states when a defendant is accused of a first offense, to divert
the defendant from the criminal justice system.

Probation: To allow a person convicted of a minor offense to go at large, under a suspension of

Prosecutor: The attorney who prosecutes defendants for crimes, in the name of the government.

Search Warrant: A written order, issued by the court, directing the police to search a specified location
for particular personal property (stolen or illegally possessed).

Speedy Trial: Mandate by the government that all criminal trials must take place within a specified time
after arrest.
Stipulation: An agreement by attorneys on opposite sides of a case as to any matter pertaining to the
proceedings or trial. It is not binding unless assented (agreed to freely) to by the parties. Most
stipulations must be in writing.

Subpoena: A process to cause a witness to appear and give testimony before a court or magistrate.

Writ of Habeas Corpus: A mandate issued from a court requiring that an individual be brought before
the court.