Glossary

Glossary

The list below defines some of the terms not defined elsewhere in this guide, as well as some terms you might hear at the court or during a trial.

action, case, cause, suit, lawsuit -- These terms all refer to a proceeding in a court of law.

acquit -- To find a defendant not guilty in a criminal trial.

affidavit -- A written or printed statement made under oath.

answer -- A formal response made by the defendant, which admits or denies what is claimed by the plaintiff.

burden of proof -- This term refers to which side is obligated to prove the facts of the case.

cause of action -- A legal claim.

charge -- A formal accusation someone has committed a criminal offense.

counterclaim -- A claim presented by the defendant in a civil case alleging the plaintiff owes damages to the defendant.

cross-examination -- An attorney's questioning of a witness called to testify by the other side in the case.

damages -- Compensation (usually monetary) awarded to someone who has suffered loss, detriment or injury to their person, property or rights.

deposition -- Sworn testimony taken and recorded outside the courtroom but according to the rules of the court.

evidence -- Any form of proof legally presented at a trial, including records, documents, photographs and testimony of witnesses.

exhibit -- A paper document or other physical object presented to the court as evidence during a trial.

hearsay -- Statements made out of court by someone other than the person testifying in court, which are offered to prove a matter in court.

impeachment of a witness -- An attempt to show the testimony of a witness is not truthful, accurate or reliable.

inadmissible -- Material or information that cannot be admitted or received as evidence under established rules of evidence.

indictment -- A written accusation by a grand jury charging someone with committing a crime.

leading question -- A question suggesting to a witness the answer the attorney wants to hear.

litigant -- An individual who brings or defends a lawsuit.

motion -- A request made by an attorney for a ruling or an order by a judge on a particular issue.

perjury -- Lying under oath, a criminal offense.

plea -- Defendants' statements of "guilty" or "not guilty" to criminal charges made against them.

pleadings -- Formal, written allegations by both sides of their claims.

polling the jury -- Asking jurors individually after the verdict has been read whether they agree with the verdict.

rebuttal -- The introduction of contradicting or opposing evidence.

search warrant -- A written order issued by a judge or magistrate, directing a law enforcement officer to search a specific location for specific things or individuals.

stipulation -- An agreement by the attorneys certain facts are true. Stipulated facts do not need to be proven in the trial.

testimony -- Any statement made by a witness under oath.

tort -- An injury or wrong committed to someone else's person or property for which an injured party is requesting damages.