Cross-examination - the questioning of a witness produced by the other side.

Custody hearing - legal process, usually in family and juvenile court, to determine
who has the right
Damages - money awarded by a court to a person injured by the unlawful act or
negligence of another person.

Dauber test - a standard for determining the reliability of scientific expert

testimony in court currently adopted by many jurisdictions.Five factors are
utilized to assess the scientific theory or technique testing of theory, use of
standards and control, peer review, error rate, and acceptability in the relevant
scientific community.

Decision - the judgment reached or given by a court of law.

Default judgment - a decision of the court against the defendant because of failure
to respond to a plaintiff's action.

Defendant - in a civil case, the person being sued. In a criminal case, the person
charged with a crime.

Deposition - oral or written testimony under oath but outside the court room.

Detention - temporary confinement of a person by a public authority.

Diminished capacity - a variation of the insanity defense that is applicable if the

defendant lacks the ability to meaningfully premeditate the crime.

Direct evidence - proof of facts by witnesses who saw acts done or heard words
spoken as distinguished from circumstantial or indirect evidence.Information
offered by witnesses who testify about their own knowledge of the facts.

Direct examination - the first questioning of witnesses by the party in whose

behalf they are called.

Direct questions - queries that are phrased in a positive and confident manner, are
stated clearly and address the topic in a forthright manner.

Discovery - a pre-trial procedure by which one party can obtain vital facts and
information material to the case to assist in preparation for the trial.The purpose
of discovery is to make for a fair trial and to allow each party to know what
document and information the opponents has in its possession.

Dismissal - action by the court that removes the court's jurisdiction over a given
case.

Diversion - the process of removing some minor criminal, traffic or juvenile cases
from the full judicial process on the condition that the accused undergo some sort
of rehabilitation or make restitution for damages.Diversion may take place before
the trial or its equivalent.

Docket - a list of cases to be heard by the court.

Double jeopardy - putting a person on trial more than once for the same crime.

Dying declaration - a statement made just prior to death with the knowledge of
impending death.Also called ante-Morten statement.
Element of a crime - specific factors that define a crime, every element of which
the prosecution must prove beyond a reasonable doubt in order to obtain a
conviction.

Entrapment - an act by enforcement agencies that lures an individual into

committing a crime not otherwise contemplated for the purpose of prosecuting
him/her.

Evidentiary standards - guidelines used in examining evidence to determine whether

it has been legally collected and whether it is factual and legally proves or is
relevant to the case being heard.

Ex-parte order - an order issued by a judge on its own.

Exclusionary rule - the rules that defines whether evidence is admissible in a

trial.

Exigent circumstances - exception to the requirement for a search warrant when

there is no time to get a warrant and failure to search will lead to destruction or
concealment of evidence, injury to police or others, or escape of the suspect.

Expert testimony - statements given to the court by witnesses with special skills
or knowledge in some arts, science, profession, or technical area.Experts educate
the court by assisting it in understanding the evidence or in determining an issue
of fact.

Expert witness - a legal term used to describe a witness who by reason of his/her
special technical training or experience is permitted to express an opinion
regarding the issue or a certain aspect of the issue that is involve in a court
action.

Expunge - to strike out, obliterate, or mark for deletion from the court record.

Extradition - the process by which one state surrenders to another state a person
accused or convicted of a crime in the other state.
Felony - a crime of a graver nature than a misdemeanor, usually punishable by
imprisonment in a penitentiary for more than a year or a substantial fine.

Fence - a person in the business of buying stolen goods, usually for resale; to buy
or sale stolen goods.

Fraud - an intentional misrepresentation or deception employed to deprive another

of property or a legal right or to otherwise do them harm.

Frye standard - a set of standards set by the the court of appeals of the district
of Columbia in 1923 in the U.S in Frye vs. the United states.The standards in
general define when a new scientific test should be admissible as evidence in the
court system.

Frye test - a test emphasizing that the subject of an expert witness's testimony
must conform to a generally accepted explanatory theory.
Gag order - a trial judge's order to attorney's and witnesses not to talk to the
press about the case.

Gault decision - land mark U.S. Supreme Court decision affirming that juveniles are
entitled to the same due process rights as adults the right to counsel, the right
to notice of the charges, the right to confront and cross-examine a witness, the
right to remain silent, and the right to subpoena witnesses in defense.
Habeas corpus - a writ that commands that a person be brought before a judge.A writ
of habeas corpus is a legal document that forces law enforcement authorities to
produce a prisoner they are holding and to legally justify his or her detention.
Hearing - judicial or legal examination of the issues of law and fact between the
parties.

Hearsay - a statement made during a trial or hearing that is not based on the
personal, first hand knowledge of the witness.Statement made out of court and
offered in court to support the truth of the facts asserted in the statement.

Hearsay rule - the regulation making a witness's statement inadmissible if it is

not based on personal knowledge unless it falls within certain exceptions.

Holographic document - any document completely written and signed by one person.A
holographic may be probated without anyone having witnessed its execution.

Hostile witness - a witness whose testimony is not favorable to the party who calls
him or her as witness.
Immunity - grant by the court in which someone will not face prosecution in return
for providing criminal evidence.

Inadmissible evidence - the testimony/evidence that the judge rules as not proper
and hence instructs its disregard.

Incompetency - lacking the physical, intellectual,or moral capacity or

qualification to perform a required duty.

Indeterminate sentence - a sentence of imprisonment to a specified minimum and

maximum period of time, specifically authorized by statute, subject to termination
by a parole board or or other authorized agency after the prisoner has served the
minimum term.

Infraction - a violation of law not punishable by imprisonment.Minor traffic

offenses are generally considered infractions.

Injunction - a preventive measure by which a court orders a party to refrain from

doing a particular act.A preliminary injunction is granted provisionally until a
full hearing can be held to determine if it should be made permanent.

Interrogatories - set of specialized questions sent by one attorney to another

concerning requested information of their respective clients relevant to the case.
Judgement - the final disposition of a case.

Judgement,default - default judgment is rendered because of the defendant's failure

to answer or appear.

Judgement,summary - summary judgment is given on the basis of pleadings,

affidavits, and exhibits presented for the record without any need for a trial.It
is used when there is no dispute as to the facts of the case and one party is
entitled to judgement as a matter of law.

Judicial review - authority of a court to review the official actions of other

branches of government, also the authority to declare unconstitutional the actions
of other branches.

Jurisdiction - the nature and scope of a court's authority to hear or decide a

case.Inherent power and authority of a particular court to hear and determine
cases.

Justice - fairness, providing outcomes to each party in line with what they
deserve.
Juvenile - characteristic of youth, youth means under 18 years of age.

Juvenile court - a court which decides criminal charges brought against children
under 18 years of age.

Leading question - a question that suggest the answer desired of a witness.A party
generally may not ask one's own witness leading questions, leading questions may be
ask only of hostile witnesses and on cross-examination.

Legal custody - right and responsibility to make the decisions regarding the
health, education and welfare of a child/person.

Liable - responsible or answerable for some action.

Litigation - a case, controversy, or lawsuit.

Malfeasance - the commission of an unlawful, wrongful act; any wrongful conduct

that affects, interrupts, or interferes with the performance of official duties.

Malpractice - improper or unethical conduct by the holder of a professional or

official position.

Mass murder - a murder incident in which several victims are killed simultaneously
or within a relatively short period of time in the same general area.

Miranda warning - requirements that police tells a suspect in their custody of

his/her constitutional right before they questions him.Result of the Miranda vs.
Arizona ruling.Law enforcement procedure that forewarns suspects of their right to
remain silent when in police custody.Violation of this right makes the suspect's
confession inadmissible in evidence.

Misdemeanor - criminal offenses considered less serious than felonies.Misdemeanor

are generally punishable by fine or a limited local jail term in the local jail.

Mistrial - a trial that is terminated before its normal conclusion and declared
invalid prior to judgment.

Mitigating circumstance - factors such as age, mental capacity, motivation, or

duress which lessens the degree of guilt in a criminal offense and thus the nature
of the punishment.

M'naghten rule - the test applied for the defense of insanity.Under this test, an
accused is not criminally responsible if suffering from a mental disease or defect
at the time of committing the act and not understanding the nature and quality of
the act or that what was done was wrong.

Moot - is one not subject to a judicial determination because it involves an

abstract question or a pretended controversy that has not yet actually arisen or
has already passed.

Motion - an application for a rule or order, made to a court or judge.An

application to the court requesting an order or a rule in favor of the applicant.

Objection - the process by which one party takes exception to some statement or
procedure.An objection is either sustained or overruled by the judge.If the judge
overrules the objection, the witness may answer the question.If the judge sustain
the objection, the witness may not answer the question.
Omnibus hearing - hearing held in criminal court to dispose of appropriate issues
such as whether evidence is admissible before trial so as to ensure a fair and
expeditious trial and avoid a multiplicity of court appearances.

Opening statements - not part of the evidence, these orations made by the lawyers
on each side gives an overview of the evidence that will be presented during the
trial.

Opinion - conclusion reported by a witness who qualified as an expert on a given

subject.

Order - any written directive of a court or judge other than a judgment.

Order to show cause - order to appear in court and present reasons why a particular
order should not be executed.

Overrule - judge's decision not to allow an objection.Decision by a higher court

finding that a lower court
Pardon - a form of executive clemency removing or extinguishing criminal
convictions.

Physical evidence - any tangible article that tends to prove or disprove a point in
question.

Plain view - an exception to the requirement for a search warrant, when there is an
evidence of a crime in plain view by a person who sees it lawfully.

Plaintiff - the complaining party in litigation.

Plea - in a criminal proceeding, it is the defendant's declaration in open court

that he or she is guilty or not guilty.The defendant's answer to the charges made
in the information.

Plea bargaining - the process through which an accused person and a prosecutor
negotiate a mutually satisfactory disposition of a case.

Preliminary hearing - in criminal law, the hearing at which a judge determines

whether there is sufficient evidence against a person charged with a crime to
warrant holding him or her for trial.

Preponderance of evidence - the standard for a judgment in a civil suit, the

evidence for one side outweighs that of the other even a slight margin.

Presumption - an inference resulting from a rule of law or the proven existence of

a fact that requires such rule or action to be established in the action.

Pre-trial conference - a meeting between the judge and the lawyers involved in a
lawsuit to narrow the issues in the suit, agree on what will be presented at the
trial and make a final effort to settle the case without trial.

Prima facie evidence - evidence that, in the judgment of the law, is good and
sufficient to establish a given fact or a chain of facts making up a party's claim
or defense.If such evidence is unexplained or uncontradicted, it is sufficient to
obtain a favorable judgment for the issue it supports, may be contradicted by other
evidence.

Probable cause - a reasonable ground for suspicion, supported by the circumstances

sufficiently strong to justify the issuance of a search warrant or to make an
arrest.Reasonable ground for believing that a crime has been committed or that the
person committed the crime.

Prosecutor - a trial lawyer representing the government in a criminal case.

Protective custody - the confinement or guardianship of an individual by law

enforcement with the objective of preventing an assault or other crimes against
him/her.

Public defender - (ex.PAO)government lawyer who provides free legal defense

services to a poor person accused of crime.

Putative father - a man accused but not proven to be the biological father of an
offspring.
Quid pro Quo - something for something, as in making a deal (ex.plea bargaining)
Rape - sexual intercourse between a man and a woman without the women's consent.

Reasonable doubt - doubt that arises from evidence or lack thereof and would be
entertained by a reasonable or prudent person.Reasonable doubt requires acquittal.

Reasonable suspicion - a term referring to police officer's justification for

stopping and frisking a person.A mere hunch is not a reasonable suspicion.

Rebuttal - the presentation of evidence to counter or disprove facts previously

introduced by the adverse party.

Recess - an adjournment of a trial or a hearing that is temporary and occurs after

the commencement of the trial.If there is going to be a substantial delay, it is
called continuance.A temporary dismissal is called sine die.

Record - document that furnishes objective evidence of activities performed or

results achieved.

Recross - to cross-examine a witness a second time after redirect examination.

Re-direct examination - opportunity to present rebuttal evidence after one's

evidence has been subjected to cross-examination.

Redirect questioning - questioning by the original attorney that follows the

opposing counsel's cross-examination.

Release on recognizance - a court order releasing a defendant from custody on the

defendant's written promise to appear in court when the defendant's case is
scheduled for hearing, trial or other proceeding.A defendant who is released on
recognizance is not required to deposit money or other property with the court in
order to be released.

Res gestae - all of the things done or words spoken in the course of the
transaction or event;A record of what was said or done in the first moments of an
investigation.

Rest - a party is said o have rest its case when it has presented all of the
evidence in intends to offer.

Robbery - felonious taking of another's property from his person or immediate

presence and against his will by means of force or fear.

Rules of evidence - standards governing whether evidence in a civil or criminal

case is admissible.
Search and seizure - the body of law that covers the issue of examining a persons
property with the intention of finding evidence not in plain view (search) and
taking possession of that property against the will of its owner or possessor
(seizure)

Sentence - a court's determination of the punishment to be inflicted on a person

convicted of a crime.

Sentencing - last stage of criminal prosecution in which a convicted defendant is

imprisoned, fined, ordered to pay restitution, or granted a conditional release
from custody.

Sequestration of witnesses - also called separation of witnesses, prevents a

witness from being influenced by the testimony of a prior witness.

Statute of limitation - the time within which a lawsuit must be brought ot the time
within which evidence must be analyzed.

Stipulation - an agreement by both sides of a case about some aspect of a lawsuit

or criminal trial.

Subpoena - a written command summoning a specific individual to appear in court

under penalty for failure to do so.

Subpoena duces tecum - a court order commanding a witness to bring certain

documents or records to court.

Subrogation - substituting one creditor for another.

Summary judgment - decision made by a trial court based on written documentation

submitted before any trials occur.

Summons - a notice to the defendant that he/she has been sued and is required to
appear in court.

Suppression hearing - a hearing before a judge, in which one of the attorney's

argues that certain evidence should not be admitted at trial.

Temporary restraining order - (TRO) a judge's order forbidding certain actions

until a full hearing can be heard.

Testimony - evidence given by a witness under oath. does not include evidence from
documents and other physical evidence.

Trial - judicial examination and determination of issues of law and fact disputed
by parties to lawsuit.

Trial court - local court that initially hears all cases in dispute.

Validation - confirmation by examination and provision of objective evidence that

the particular requirements for a specific intended use are fulfilled.

Venue - synonymous with the place of trial.

Wanton - characterized by reckless disregard of consequences and the safety and
welfare of others.

Warrant - a court order authorizing law enforcement officers to make an arrest or

conduct a search.

Warrant of Arrest - an order issued by a judge for the arrest of a person.

Witness - one who testifies to what he/she has seen, heard, or otherwise
experienced.

Writ - a mandatory precept issued by an authority in the name of the sovereign or

the state for the purpose of compelling a person to do something