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.
  • Acquit - To find a defendant not guilty in a criminal trial
  • Action, Case, Cause, Suit, Lawsuit - These terms all refer to a proceeding in a court of law
  • 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