Best evidence
In proving the content of a writing, the best evidence is the writing itself, and subject to exceptions of unavailability of the writing, no other evidence is admissible to prove it.
Beyond a reasonable doubt
Entirely convinced; in a criminal case the defendant's guilt must be proven to the jury to this extent. This is the highest burden of proof any party has in any proceedings.
Bill of particulars
A written statement specifying the detail of the demand set forth in the petition in a civil action or of the charge set out in a criminal action. The purpose of the bill of particulars is to give the defendants more information to enable them to prepare an answer or defense better.
Bind over
A magistrate's decision in circuit court to hold a criminal defendant for trial.
Breach
The breaking or violating of a law, right, obligation, or duty either by doing an act or failing to do an act.
Brief
A lawyer's written statement of a client's case filed in court. It usually contains a summary of the facts in the case, the pertinent laws, and an argument of how the law applies to the facts supporting the client's position.
Burden of proof
The duty to establish a claim or allegation by admissible evidence. This is usually the duty of the plaintiff in a civil case and always is the duty of the state in a criminal case.
Burglary
The unlawful breaking into or entering of a building or dwelling with the intent to commit a serious crime or theft.
Calendar
A court's list of cases for arraignment, hearing, trial or arguments.
Calling the docket
The public calling of the docket or list of causes at commencement of term of court, for setting a time for trial or entering orders.
Caption
The heading or introductory clause of papers connected with a case in court, which shows the names of the parties, name of the court, docket number of the case, etc.
Case law
The law made by courts interpreting cases and laws instead of law made by legislatures. In the American system, the primary sources of law are: 1)constitutions, 2) statutes/regulations. and 3) case law.
Cause of action
A claim in law in fact sufficient to justify a legal right to sue.
Caveat
"Let him beware". A formal notice or warning given by a party to a court or judge against the performance of certain acts within his or her power and jurisdiction.
Caveat emptor
"Let the buyer beware" encourages a purchaser to examine, judge and test for himself.
Cease and desist order
An order of an administrative agency or court prohibiting a person or business from continuing a particular course of conduct.
Certification of need
A judicial certification process used for determining the need for additional judgeships.
Certiorari
See writ of certiorari.
Challenge for cause
Questioning the qualifications of an entire jury panel, usually on the ground of partiality or some fault in the process of summoning the panel.
Chambers
A judge's private office in the courthouse.
Change of venue
The removal of a suit begun in one county or district to another for trial, or from one court to another in the same county or district. In criminal cases, for example, a change of venue will be permitted if the court feels the defendant cannot receive a fair trial where the court is located.
Character evidence
The testimony of witnesses who know the general character and reputation of a person in the community in which he or she lives. It may be considered by the jury in a dual respect: (1) as substantive evidence upon the theory that a person of good character and reputation is less likely to commit a crime than one who does not have a good character and reputation, and (2) as corroborative evidence in support of a witness's testimony as bearing upon credibility.
Charge
The statement accusing a person of committing a particular crime. Also the judge's instructions to jury on it duties, on the law involved in the case and on how the law in the case must be applied. The charge is always given just before jury deliberations.
Child abuse
Any form of cruelty to a child's physical, moral or mental well-being.
Circumstantial evidence
All evidence of an indirect nature. Testimony not based on actual personal knowledge or observation of the facts in controversy.
Citation
An order of the court requiring the appearance of a defendant on a particular day to answer to a particular charge.
Civil case
A lawsuit brought to enforce, redress, or protect private rights or to gain payment for a wrong done to a person or party by another person or party. In general, all types of actions other than criminal proceedings.
Class action
An action where a large group of persons are interested in a matter. One or more may sue or be sued as representatives of the class without the need to join every member of the group.
Clerk of the court
Court official who keeps court record, files pleadings, motions, and judgment, and administers the oath to juror and witnesses.
Closing arguments
The final statements by the attorney to the jury or the court arguing the evidence that they have attempted to establish and the evidence that they feel the other side has failed to establish.
Code
A collection, compendium or revision of laws, rules and regulations enacted by legislative authority.
Code of criminal procedure
Body of federal or state law dealing with procedural aspects of trial for criminal cases.
Code of federal regulations
The CFR is the annual listing of executive agency regulations published in the daily Federal Register, and the regulations issued previously which are still in effect. The CFR contains regulatory laws governing practice and procedure before federal administrative agencies.
Code of professional responsibility
The rules of conduct that govern the legal profession. The Code contains general ethical Guidelines and specific rules written by the American Bar Association.
Codicil
A supplement, addition, or postscript to a will.
Commit
To send a person to prison or jail in criminal proceedings or to another institution in civil cases by authority of a court.
Common law
General provisions of law existing before codification or interpretation by courts.
Commutation
The change of punishment for a greater degree to a lesser degree, as from death to life imprisonment.
Comparative negligence
The degree to which a person contributed to his/her own injury, damage or death. Usually measured in terms of percentage.
Competency
A witness's ability to observe, recall and recount under other what happened. Criminal defendants must also be competent to stand trial; they must understand the nature of the proceedings and have the ability to assist their lawyers.
Complaint
The first pleading on the part of the plaintiff in a civil action.
Concurrent jurisdiction
The jurisdiction of two or more courts, each authorized to deal with the same subject matter.
Concurrent sentences
Sentences for two or more crimes ordered by the judge to be served simultaneously rather than successively.
Condemnation
The legal process by which real estate of a private owner is taken for public use without the owner's consent, but the owner receives "just compensation".
Conditional release
A release from custody which imposes regulations on the activities and associations of the defendant. If a defendant fails to meet the conditions, the release is revoked.
Consecutive sentences
Successive sentences imposed against a person convicted or two or more crimes. One sentence begins at the expiration of another.
Consideration
The cause, price or impelling influence which induces a party to enter into a contract.
Conspiracy
A combination of two or more persons formed for the purpose of committing by joint collaboration some unlawful act.
Contempt of court
Any act involving disrespect to the court or failure to obey its rules or orders. Carries a maximum of 30 days in jail.
Continuance
A court order postponing proceedings.