To determine whether or not to prosecute, you should consult a lawyer. Jurisdiction – (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have jurisdiction to hear the same case at the same time. Some issues may be brought in state and federal courts. The plaintiff first decides where to file the lawsuit, but in some cases, the defendant may try to change the court. (2) The geographical area in which the court has jurisdiction to hear cases. For example, a federal court in a state can generally only decide a case arising from lawsuits filed in that state. Previous – A court decision in a previous case with facts and laws similar to a lawsuit currently pending in court. Precedents generally govern the disposition of a subsequent similar case, unless a party can prove that it was wrongly decided or significantly delayed. A precedent is binding, which means it must be followed. Other precedents do not have to be followed by the court, but can be considered influential. Response – The formal written statement of a defendant responding to a civil complaint and setting out the reasons for the defence. Summary Judgment – A decision made on the basis of statements and evidence presented without trial.
It is used when the facts are not disputed and a party is entitled to a judgment under the law. Objection – A lawyer`s protest challenging a statement or question at trial. Common objections include a lawyer who „directs the witness” or a witness who makes a statement by hearsay. Once an objection has been made, the judge must decide whether or not to admit the question or explanation. Suit – A lawsuit brought by a plaintiff against a defendant based on a claim that the defendant failed to comply with a legal obligation, causing harm to the plaintiff. At Earthjustice, we are a non-profit organization dedicated to building a better future. We represent our clients free of charge. Brief – A formal written order of the court that requires the performance of a specific act. The glossary of legal terms defines more than 100 of the most common legal terms in easy-to-understand language. The terms are listed in alphabetical order and can be best viewed by selecting a letter here: Conviction – A guilty verdict against an accused.
Bankruptcy – Refers to laws and legal proceedings involving individuals or businesses who are unable to pay their debts and who seek court assistance to make a fresh start. Under the protection of the bankruptcy court, debtors can repay their debts, possibly by paying a portion of each debt. Bankruptcy judges preside over these proceedings. Testimony – evidence presented orally by witnesses during the trial or before grand juries. First hearing – judicial proceedings in which the accused becomes aware of his rights and the charges against him and the judge decides on bail. in forma pauperis – In the manner of a poor man. Allowing a person to sue for need or poverty without paying court fees. ILS helps Hoosiers maintain and maintain public benefits such as social security, food stamps, unemployment, etc. Victim Advocate – Working with prosecutors and supporting victims of crime. Damages – money paid by defendants to successful plaintiffs in civil cases to compensate plaintiffs for their damages. tort – A civil injustice or breach of duty to another person, as determined by law. A very common crime is the negligent operation of a motor vehicle, which results in property damage and bodily injury in a car accident.
Plea Deal (or Plea Bargain or Accord) – An agreement between the defendant and the prosecutor in which the defendant pleads guilty in exchange for a concession from the prosecutor. These may include less serious charges, a dismissal of charges, or the prosecutor`s recommendation to the judge to lighten the sentence. Settlement – The parties to a dispute settle their dispute without dispute. Settlements often involve the payment of compensation by one party to satisfy the other party`s claims. Trial – A hearing that takes place when the defendant pleads „not guilty” and the parties must appear in court to present evidence. Public Defenders – Representing defendants who cannot afford to pay for a lawyer in criminal cases. Impeachment – (1) The process of questioning something, as in „the accusation of witness testimony.” (2) The constitutional process by which the House of Representatives can „impeach” (charge) senior federal officials for trial by the Senate. Arrest warrant – A written order ordering the arrest of a party.
Arrest warrants are issued by a judge after a probable reason has been proven. Appeal – An application at the end of a trial that asks another court (usually the Court of Appeal) to decide whether the proceedings were properly conducted. To make such a request is to „appeal” or „to appeal”. Both the plaintiff and the defendant can appeal, and the party who does so is called the plaintiff. Appeals may be made for a variety of reasons, including due process and asking the court to change its interpretation of the law. As part of our military assistance project, we provide legal assistance to low-income Hoosier military personnel, veterans and their families. beyond a reasonable doubt – the standard required to convict a criminal accused of a crime. The prosecution must prove his guilt so that there is no reasonable doubt for the jury as to the guilt of the accused.
Cross-examination – the examination of a witness by counsel for the other party. Hearsay – The testimony of a witness who did not see or hear the incident in question, but learned about it through second-hand information such as someone else`s testimony, a newspaper or a document.