ADVERSARY PROCESS

ADVERSARY PROCESS‑the method courts use to resolve disputes. Through the adversary process, each side in a dispute has the right to present its case as persuasively as possible, subject to the rules of evidence, and an independent fact finder, either judge or jury, decides in favor of one side or the other.

ANSWER‑the formal written statement by a defendant in a civil case that responds to a complaint and sets forth the grounds for defense.

APPEAL‑a request, made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal."

ARRAIGNMENT (pronounced a‑RAIN‑ment)‑a proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.

BANKRUPTCY‑refers to federal statutes and judicial proceedings involving persons or businesses that cannot pay their debts and thus seek the assistance of the court in getting a "fresh start." Under the protection of the bankruptcy court, debtors may "discharge" their debts, perhaps by paying a portion of each debt.

BANKRUPTCY JUDGE‑a federal judge, appointed for a fourteen-year term, who has authority to hear matters that arise under the bankruptcy code.

BRIEF written statement submitted by the lawyer for each side in an appellate case that explains to the judges why they should decide the case in favor of that lawyer's client.

CASE LAW‑the law as laid down in the decisions of the courts; the law in cases that have been decided.

CHIEF DISTRICT JUDGE‑the judge who has primary responsibility for the administration of the district court, but also decides cases. Chief judges are determined by seniority.

CLERK OF COURT‑an officer appointed by the court to work with the chief judge and other judges in overseeing the court's administration, especially to assist in managing the flow of cases through t1 court.

COMPLAINT‑a written statement by the person starting a civil lawsuit that states the wrongs allegedly committed by the defendant.

CONTRACT‑an agreement between two or more persons that creates an obligation to do or not to do a particular thing.

COUNSEL‑a lawyer or a team of lawyers; the term is often used during a trial to refer to lawyers in a case.

COURT‑an agency of government authorized to resolve legal disputes. judges or lawyers sometimes use "court" to refer to the judge as in "the court has read the pleadings."

COURT REPORTER‑a person who makes a word‑for‑word record, of what is said in a court proceeding and produces a transcript of the proceeding if requested to do so.

COURTROOM DEPUTY or CLERK‑a court employee who assists the judge by keeping track of witnesses, evidence, and other trial matters, and sometimes by scheduling cases.

CROSS‑ (and RE‑CROSS‑) EXAMINATION‑questions lawyers A witnesses called by their opponents.

DAMAGES‑money that a defendant pays a plaintiff in a civil case that the plaintiff has won. Damages compensate the plaintiff for his or her injuries.

DEFENDANT‑in a civil suit, the person complained against; in a criminal case, the person accused of the crime.

DIRECT (and RE‑DIRECT) EXAMINATION‑questions lawyers ask witnesses they have asked to come to court in order to bring out evidence for the fact finder (judge or jury).

DISCOVERY‑lawyers' examinations, before trial, of facts and documents that the opponents possess, to help the lawyers prepare for trial.

EN BANC‑French for "in the bench7 or "full bench." The term refers to a session in which all of the judges on an appellate court (not just a panel) participate in the decision. The U.S. courts of appeals usually sit in panels of three judges, but for important cases may expand the bench to a larger number, and they are then said to be sitting en banc.

EVIDENCE‑information in the form of testimony or documents that is presented to persuade the fact finder (judge or jury) to decide the case for one side or the other.

GOVERNMENT‑as it is used in federal criminal cases, "government" refers to the lawyers in the U.S. attorneys office who are prosecuting the case.

GRAND JURY‑a group of citizens who listen to evidence of criminal activity presented by the government in order to determine whether there is enough evidence to justify filing an indictment. Federal grand juries have from sixteen to twenty‑three persons and serve for about a year, sitting one or two days a week.

HEARSAY‑evidence that is presented by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay evidence is usually not admissible as evidence in a trial.

IMPEACHMENT‑ (1) the process of charging someone with a crime (used mainly with respect to the constitutional process whereby the House of Representatives may impeach high officers of the government for trial in the Senate); (2) the process of calling the credibility of a witness into question, as in "impeaching the testimony of a witness.

INDICTMENT (pronouncedin‑DITE‑ment)‑the formal charge issue( by a grand jury stating that there is enough evidence that the defen dant committed the crime to justify having a trial; used primarily for felonies.

INFORMATION‑a formal accusation by a government attorney that the defendant committed a misdemeanor.

INSTRUCTIONS‑the judge's explanation to the jury, before it begins deliberations, of the questions it must decide and the law governing the case.

JUDGE‑a government official with authority to preside over and decide lawsuits brought to courts.

JUDICIAL REVIEW‑this term typically refers to the authority of a court, in a case involving either a law passed by a legislature or an action by an executive branch officer or employee, to determine whether the law or action is inconsistent with a more fundamental law, namely the U.S. Constitution, and to declare the law or action invalid if it is inconsistent. Although judicial review is usually associated with the United States Supreme Court, it can be, and is, exercised by all courts. Judicial review sometimes means a form of appeal to the courts for review of an administrative body's findings of fact or of law.

JURISDICTION‑(1) the legal authority of a court to hear and decide a certain type of case; (2) the geographic area over which the court has authority to decide cases.

LAWSUIT‑an action instituted by a party in a civil court alleging that another party failed to perform a legal duty.

MAGISTRATE JUDGE‑in federal court, the U.S. magistrate judge assists the district judges in preparing cases for trial. Magistrate judges may also conduct some criminal trials if the defendant agrees to have the case heard by a magistrate judge instead of a district judge, and they may conduct civil trials when the parties so agree.

MISDEMEANOR‑usually an offense less severe than a felony; generally punishable by a fine only or by imprisonment of less than a year.

MISTRIAL trial that has been terminated due to some extraordinary event, a fundamental error prejudicial to the defendant, or a jury that is unable to reach a verdict.

OPINION‑a judge's written explanation of a decision in a case or some aspect of a case. An opinion of the court explains the decision of the court or of a majority of the judges. A dissenting opinion is an explanation by one or more judges if they believe the decision or opinion of the court is wrong. A concurring opinion agrees with the decision of the court but offers further comment or a different reason for the decision. A per curiam opinion is an opinion for the court not signed by an individual judge.

ORAL ARGUMENT‑in appellate cases, an opportunity for the lawyers for each side to appear before the judges to summarize their positions and answer the judges' questions.

PANEL‑(1) in appellate cases, a group of three judges assigned to decide the case; (2) in the process of jury selection, the group of potential jurors from which the jury is chosen; (3) in criminal cases, a group of private lawyers whom the court has approved to be appointed to represent defendants unable to hire lawyers.

PETIT JURY (or TRIAL JURY)‑a group of citizens who hear the evidence presented by both sides at trial and determine the facts in dispute. Federal criminal juries consist of twelve persons (sometimes with one or two alternate jurors in case one or more of the twelve cannot continue). Federal civil juries consist of six to twelve persons. "Petit" is French for "small," thus distinguishing the trial jury from the larger grand jury.

PLEA‑in a criminal case, the defendant's statement pleading "guilty" or "not guilty" of the charges.

PLEADINGS‑in a civil case, the written statements of the parties stating their positions about the case.

PRECEDENT (pronounced PREs‑a‑dent)‑a court decision in an earlier case with facts and legal issues similar to those in a case cutter before a court.

PRESENTENCE REPORT‑a probation officer's report prepared &( an investigation conducted at the request of the court after a defendant is convicted of a crime. It provides the judge with extensive i formation to determine an appropriate sentence for the defendant.

PRETRIAL CONFERENCE‑a meeting of the judge and lawyers a case to decide which matters are in dispute and should be present, to the jury, to review evidence and witnesses to be presented, to set a timetable for the case, and sometimes to discuss settlement of d case.

PRO SE (pronounced pro say)‑a Latin term meaning "on one's own behalf"; in courts, it refers to persons who present their own case, without lawyers.

PROSECUTE‑to charge a person or organization with a crime or civil violation and seek to gain a criminal conviction or a civil judgment against that person or organization.

RECORD‑a written account of all the acts and proceedings in a law suit.

REMAND‑when an appellate court sends a case back to a lower court for further proceedings.

REVERSE‑when an appellate court sets aside the decision of a lower court because of an error. A reversal is often followed by a remand.

SEARCH WARRANT‑a written court order authorizing a law enforcement officer to search certain premises for specified objects and to seize the items described.

SETTLE‑in legal terminology, when the parties to a lawsuit agree to resolve their differences among themselves without having a trial.

SIDEBAR‑a conference between the judge and lawyers held out of earshot of the jury and spectators.

STATUTE‑a law passed by a legislature.

TERM‑the time during which a court sits for the transaction of business, also referred to as a session.

TESTIMONY‑evidence presented orally by witnesses during trials or before grand juries.

TRANSCRIPT‑a written, word‑for‑word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a "transcript" of a telephone conversation.

TRIAL JURY‑see PETIT JURY.

UPHOLD‑when an appellate court reviews but does not reverse a lower court's decision.

U.S. ATTORNEY‑a lawyer appointed by the President, in each judicial d1strict, to prosecute cases for the federal government.

VERDICT‑a petit jury's decision.

VOIR DIRE (pronounced VWAHR DEER)‑the process by which judges and lawyers select a petit jury from a panel of citizens eligible to serve. They do this by questioning the members of the panel. "Voir dire" is a legal phrase meaning "to speak the truth."

WITNESS‑a person called upon by either side in a lawsuit to give testimony before the court or jury.

WRIT OF CERTIORARI‑an order by a court to a lower court requiring the lower court to produce the records of a particular case tried so that the reviewing court can inspect the proceedings and determine whether there have been any irregularities. The Supreme Court of the United States uses the writ of certiorari as a discretionary device to select the cases it will hear.

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