Legalese

Abscond - To leave a jurisdiction (geographical area) or hide, generally in order to avoid arrest or prosecution. For example, when a defendant absconds (disappears) after a bail bondsman has posted bail for him, a bounty hunter goes after the defendant to bring him back to appear in court.

Acquittal - The prosecution failed to prove its case beyond a reasonable doubt. It does not represent a finding that the defendant (accused) is innocent. An acquittal occurs in a criminal trial when a defendant is found not guilty by a judge or jury.

Ad Litem - “For the court” or “For the proceeding.” It refers to an individual who has been appointed by a court to act on the behalf of one of the parties in the lawsuit. For example, a child will be appointed a Guardian Ad Litem because he or she is not capable of representing him or herself.

Arbitration - A form of alternative dispute resolution. The parties to a lawsuit chose an arbitrator to serve as a judge-like decision maker.

Arraignment - A defendant's first court appearance in front of a judge and the prosecutor. The main purpose of the arraignment is to inform the defendant of the criminal charges against him or her. At this first court appearance, the defendant (or his or her attorney) enters a plea of "Guilty" or "Not Guilty."

Badgering - Controversial; subject to argument. Instead of being questioned, a witness is subjected to derisive comments.

Bail Hearing - A formal court proceeding, usually requested by the defense attorney, in which the defense attorney will attempt to convince the judge to either release the defendant on his or her Own Recognizance or reduce bail.

Capital Offense - An offense that is punishable by death. First degree murder, depending on the aggravating circumstances may be charged as a capital offense. Conviction for a capital offence results in capital punishment (the killing of a person by the government as punishment for committing a crime).

Causation - A certain action produced a certain result. This is a required element to be proved in many kinds of cases; for example, to convict a defendant of murder, the prosecution must prove that the victim's death resulted from the defendant's conduct.

Clemency - Mercy or leniency. Clemency usually refers to executive clemency. Executive clemency is the power that the president or governor has to grant a pardon, amnesty and commute (decrease the length of) the sentences of individuals who have been convicted of crimes.

Corpus Delicti - The legal principle that evidence independent of a defendant's out of court statements or the testimony of an accomplice must prove a crime was committed before a defendant can be convicted of that crime.

Culpable - Guilty.

Defendant - The person against whom the government has brought charges in a criminal proceeding or the party who is being sued for damages (or injunctive relief) in a civil action.

Duress - The use or threatened use of force against another to compel him or her to commit an unlawful act.

Eighth Amendment - The constitutional amendment ratified as part of the Bill of Rights in 1791 prohibiting cruel and unusual punishment, excessive bail, and excessive fines.

Ex Parte - A court action taken by only one party who does not give an opponent notice or an opportunity to be heard.

Exculpatory Evidence - Evidence that points to a criminal defendant's innocence.

Exonerate - To free from guilt or blame. It also means to clear of an accusation.

Extradition - The official surrender of a suspected criminal or defendant to the state or country where the crime was committed so that the suspected criminal or defendant can face criminal charges or serve a jail sentence.

Fabricated Evidence - Evidence that is falsely created, invented or manipulated and offered to the court or jurors in an attempt to mislead them or to avoid conviction. It is the type of evidence that is created after the fact or relevant event.

Fifth Amendment - The right against self incrimination, commonly referred to as the right to remain silent, is a criminal defendant’s or a witness’s constitutional guarantee that “no person shall be compelled in any criminal case to be a witness against himself.”

Gag Order - A Judge's order directed at the attorneys, witnesses, and parties before the court not to publicly discuss the facts of a case.

Proffer - To offer something into evidence that may be questioned by the opposing side. The purpose of this interview for the potential defendant is to obtain some type of leniency or immunity from the Government in exchange for that information.

Objection - A reason or argument offered in disagreement, opposition, refusal, or disapproval. A formal attestation or declaration of disapproval concerning a specific point of law or procedure during the course of a trial; a statement indicating disagreement with a judge's ruling.
     See “Overruled Objection” and “Sustained Objection”.

Own Recognizance - The release of a defendant (in a criminal case) from jail on the defendant's promise to appear in court for all scheduled court dates.

Overruled Objection - The refusal by a judge to sustain an objection set forth by an attorney during a trial, such as an objection to a particular question posed to a witness. To make void, annul, supersede, or reject through a subsequent decision or action.

RICO - Stands for the Racketeer Influenced and Corrupt Organizations Act, a federal law passed by Congress in 1970, initially to fight the influence of organized crime (especially the Mafia) through a specialized statute that severely punishes defendants committing criminal acts that are part of a criminal organization.

Sustained Objection - To carry on; to maintain. To affirm, uphold or approve, as when an appellate court sustains the decision of a lower court. To grant, as when a judge sustains an objection to testimony or evidence, he or she agrees with the objection and gives it effect.