Legal and Court Terminology

Indictment

A formal criminal charge against a person who then becomes the defendant.

Arraignment

The defendant’s appearance in court to enter a plea of “guilty” or “not guilty.”

Misdemeanor

a lesser crime punishable by a fine and/or county jail time for up to one year.

Felony

a crime sufficiently serious to be punishable by death or a term in state or federal prison

Prosecutor

Government attorney who presents the state's case against the defendant in a criminal case.

Defense

the lawyer representing the defendant

Bailiff

The officer who runs the courtroom at the judge’s direction.

Clerk

The member of the judge’s staff who is responsible for legal research and other duties for the judge.

Court Reporter / Stenographer

The person who records and transcribes everything that transpires in the courtroom.

Bench

Where the judge or panel of judges sit.

Chambers

Offices of the judge and judge’s staff.

Jurisdiction

Authority to hear and decide a case.

Docket

The list of cases on a court’s daily schedule.

Burden of Proof

Duty to provide enough evidence to validate an allegation or charge. This burden is on the prosecution.

Opening statement

an attorney’s first address to the jury at the beginning of the trial that summarizes what the case is about and what evidence they can expect

Direct and Cross Examinations

DIRECT:DIRECT: Questioning of a witness called by the attorney doing the questioning.

CROSS: CROSS: Questioning of the other party’s witness.

Rebuttal

testimony or argument made in order to disprove testimony or evidence submitted by the opposition.

Objection

a lawyer's protest about the legal propriety of a question with the purpose of making the trial judge decide if the question can be asked

Sidebar conference

attorneys “approach the bench” to

discuss matters outside the jury’s hearing

Question of fact

issue determined by the jury based on submitted evidence

Questions of law

legal issue decided by the judge

closing statement/argument

final statement made by an attorney to the jury to summarize the evidence and argue their case

Jury Charge or Instructions

The set of legal instructions given to the jury by the judge before the jury begins to deliberate.

Verdict

the decision of a jury after a trial, which must be accepted by the trial judge to be final

Acquittal

what an accused criminal defendant receives if he/she is found not guilty. It is a verdict (a judgment in a criminal case) of not guilty.