-A-

APPEAL: A request to a supervisory court, usually composed of a panel of judges, to overturn the legal ruling of a lower court.

-B-

BAIL: The money a defendant pays as a guarantee that he or she will show up in court at a later date. For most serious crimes, a judge sets bail during the arraignment.

BAILMENT: A legal relationship created when a person gives property to someone else for safekeeping. To create a bailment the other party must knowingly have exclusive control over the property. The receiver must use reasonable care to protect the property.

BEYOND A REASONABLE DOUBT: The highest level of proof required to win a case. Necessary to get a guilty verdict in criminal cases.

BURDEN OF PROOF: The duty of a party in a lawsuit to persuade the judge or the jury that enough facts exist to prove the allegations of the case. Different levels of proof are required depending on the type of case.

-C-

CHANGE OF VENUE: A change in the location of a trial, usually granted to avoid prejudice against one of the parties.

CIRCUMSTANTIAL EVIDENCE: Indirect evidence that implies something occurred but doesn't directly prove it. If a man accused of embezzling money from his company had made several big-ticket purchases in cash around the time of the alleged embezzlement, that would be circumstantial evidence that he had stolen the money.

COMPLAINT: In a civil action, the document that initiates a lawsuit. The complaint outlines the alleged facts of the case and the basis for which a legal remedy is sought. In a criminal action, a complaint is the preliminary charge filed by the complaining party, usually with the police or a court.

CONFLICT OF INTEREST: Refers to a situation when someone, such as a lawyer or public official, has competing professional or personal obligations or personal or financial interests that would make it difficult to fulfill his duties fairly.

CONTEMPT OF COURT: An action that interferes with a judge's ability to administer justice or that insults the dignity of the court. Disrespectful comments to the judge or a failure to heed a judge's orders could be considered contempt of court. A person found in contempt of court can face financial sanctions and, in some cases, jail time.

CROSS EXAMINATION: The questioning of an opposing party's witness about matters brought up during direct examination.

CUSTODIAN: Under the Uniform Transfers to Minors Act, the person appointed to manage and dispense funds for a child without constricting court supervision and accounting requirements.

-D-

DAMAGES: The financial compensation awarded to someone who suffered an injury or was harmed by someone else's wrongful act.

DEFENDANT: In criminal cases, the person accused of the crime. In civil matters, the person or organization that is being sued.

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-E-

ESTATE: All the property a person owns.

EVIDENCE: The various things presented in court to prove an alleged fact. Includes testimony, documents, photographs, maps and video tapes.

EXECUTOR: Person named in a will to oversee and manage an estate.

EXPERT WITNESS: A witness with a specialized knowledge of a subject who is allowed to discuss an event in court even though he or she was not present. For example, an arson expert could testify about the probable cause of a suspicious fire.

EXPRESS WARRANTY: An assertion or promise concerning goods or services. Statements such as "This air conditioner will cool a five-room house," or "We will repair any problems in the first year" are express warranties.

-F-

FELONY: Serious crime punishable by incarceration for a year or more. Includes rape, murder, robbery, burglary, and arson.

-G-

GOOD FAITH: Honestly and without deception. An agreement might be declared invalid if one of the parties entered with the intention of defrauding the other.

GRAND JURY: A group of citizens convened in a criminal case to consider the prosecutor's evidence and determine whether probable cause exists to prosecute a suspect for a felony.

GUARDIAN: Person assigned by the court to take care of minor children or incompetent adults. Sometimes called a conservator.

-H-

HEARSAY: Secondhand information that a witness only heard about from someone else and did not see or hear himself. Hearsay is not admitted in court because it's not trustworthy, though there are many exceptions.

HEIRS: Persons who are entitled by law to inherit the property of the deceased if there is no will specifying how it's divided.

HUNG JURY: A jury that is unable to reach a verdict.

-I-

IMMUNITY: Exemption from a legal duty, penalty or prosecution.

INDICTMENT: A formal accusation of a felony, issued by a grand jury after considering evidence presented by a prosecutor.

INFRINGEMENT: Unauthorized use, typically of a patent or copyright.

-J-

JUDGMENT: A court's official decision on the matters before it.

JUST CAUSE: A legitimate reason. Often used in the employment context to refer to the reasons why someone was fired.

-L-

LIABILITY: Any legal responsibility, duty or obligation.

-M-

MALPRACTICE: Improper or negligent behavior by a professional, such as a doctor or a lawyer. The failure of a professional to follow the accepted standards of practice of his or her profession.

MANDATORY SENTENCE: A criminal sentence set by a legislature that establishes the minimum length of prison time for specified crimes and thus limits the amount of discretion a judge has when sentencing a defendant.

MINOR: A person who does not have the legal rights of an adult. A minor is usually defined as someone who has not yet reached the age of majority. In most states, a person reaches majority and acquires all of the rights and responsibilities of an adult when he or she turns 18.

MISDEMEANOR: Crime that is punishable by less than one year in jail, such as minor theft and simple assault that does not result in substantial bodily injury.

MOTION: A request asking a judge to issue a ruling or order on a legal matter.

-N-

NOTARY PUBLIC: A person authorized to witness the signing of documents.

-P-

PAROLE: A system for the supervised release of prisoners before their terms are over. Congress has abolished parole for people convicted of federal crimes, but most states still offer parole.

PERJURY: A crime in which a person knowingly makes a false statement while under oath in court. In some jurisdictions, making a false statement in a legal document can also be considered perjury.

PERSONAL GUARDIAN: Person appointed to take custody of children and provide for their care and upbringing. Distinguished from property guardian.

PERSONAL RECOGNIZANCE: Sometimes called own recognizance. A person who promises to appear in court to answer criminal charges can sometimes be released from jail without having to pay bail. This person is said to be released on his or her personal recognizance.

PETTY OFFENSES: Minor crimes, such as traffic violations, which are generally punishable by a fine or short jail term.

PLAINTIFF: The person who initiates a lawsuit.

PLEA BARGAIN: An negotiated agreement between the defense and the prosecution in a criminal case. Typically the defendant agrees to plead guilty to a specified charge in exchange for an oral promise of a lower sentence.

POWER OF ATTORNEY: The authority to act legally for another person.

PRECEDENT: A previously decided case that is considered binding in the court where it was issued and in all lower courts in the same jurisdiction.

PROBATION: The release into the community of a defendant who has been found guilty of a crime, typically under certain conditions, such as paying a fine, doing community service or attending a drug treatment program. Violation of the conditions can result in incarceration. In the employment context, probation refers to the trial period some new employees go through.

PROSECUTOR: The government lawyer who investigates and tries criminal cases. Typically known as a district attorney, state's attorney, or United States attorney.

PUBLIC DEFENDER: A lawyer who works for a state or local agency representing clients accused of a crime who cannot afford to pay.

-R-

REAL PROPERTY: Land and all the things that are attached to it. Anything that is not real property is personal property and personal property is anything that isn't nailed down, dug into or built onto the land. A house is real property, but a dining room set is not.

REASONABLE DOUBT: The level of certainty a juror must have to find a defendant guilty of a crime.

RIGHT AGAINST SELF-INCRIMINATION: Granted by the Fifth Amendment. Allows a person to refuse to answer questions that would subject him or her to accusation of a criminal act.

-S-

SETTLEMENT: The resolution or compromise by the parties in a civil lawsuit.

SLANDER: Defamatory (false and injurious) oral statements or gestures.

STATIONHOUSE BAIL: Bail that some defendants accused of misdemeanors may be allowed to pay at the police station. This allows them to be released prior to appearing before a judge.

SUBPOENA: An order compelling a person to appear to testify or produce documents.

SUMMONS: A legal document that notifies a party that a lawsuit has been initiated and states when and where the party must appear to answer the charges.

-V-

VERDICT: The formal decision issued by a jury on the issues of fact that were presented at trial.

-W-

WARRANT: An official order authorizing a specific act, such as an arrest or the search of someone's home.

WARRANTY: A promise about a product made by either a manufacturer or a seller.

WITNESS: Person who comes to court and swears under oath to give truthful evidence.