OKLAHOMA HIGH SCHOOL MOCK TRIAL PROGRAM

GLOSSARY OF LEGAL TERMS

ACQUIT

To find a criminal defendant not guilty of the charges against him or her. A dispute taken to court for resolution. The terms "case, suit and lawsuit" are synonymous with action. To decide or settle something in a legal setting. Method used in the courts of the United States to settle legal disputes. Each of the trier of the facts (court or jury). A voluntary statement or declaration of facts which has been written down and confirmed under oath. An assertion, declaration or statement which is made in a pleading by one of the parties to the action and tells what that party intends to prove. Written response in a civil case. In it the defendant admits or denies the allegations of the plaintiff's complaint. Legal process used to ask a higher court to review a decision. The party appealing a judgment or decision. A court having jurisdiction (authority) to hear appeals. The party against whom the appeal is taken. Criminal case proceeding in which the defendant is brought before the trial court to answer criminal charges by entering a plea of guilty or not guilty. Individual who is admitted to the bar and thus may represent clients in legal proceedings. Attorneys are called officers of the court because they have a dual responsibility to protect the integrity of the legal system while simultaneously pursuing their clients' claims. An
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ACTION

ADJUDICATE ADVERSARY SYSTEM

AFFIDAVIT

ALLEGATION

ANSWER

APPEAL APPELLANT APPELLATE COURT APPELLEE ARRAIGNMENT

ATTORNEY AT LAW

attorney who has been admitted to the bar in one state is entitled to practice in the courts of that state, but that does not entitle him or her to practice in the courts of another state, in a Federal court or in the Supreme Court. In order to do so, he or she must qualify and be sworn in separately. ATTORNEY OF RECORD Attorney whose name appears on the permanent records and files of a particular case. The examination of a dead body to determine the cause of death. Monetary sum which can be assessed by a judge to insure that a criminal defendant who is being released prior to trial will, in fact, appear in court on a trial date. Securities posted as bail are returned when court appearances are satisfied. Courtroom attendant responsible for keeping order in the courtroom and overseeing the jury. Responsibility for affirmatively proving the disputed facts in a case. Lawsuit, suit or action being resolved through the use of the court system. Private office of the judge. Generally deals with personal actions and usually involves a contract, collection of a debt or compensation for personal injury or property loss. Final statement given by an attorney for each party which summarizes each party's position on the guilt or innocence of the defendant. Facts and evidence presented during the trial can be reviewed so that inferences may be drawn from them. The ultimate purpose is to persuade those addressed to render a verdict in favor of the client represented. The first pleading in a civil case filed by the plaintiff. It alleges the material facts and legal theories to support the plaintiff's claim against the defendant. (Called a Petition in State Court.) A finding by the judge or jury that a person charged with a criminal offense is guilty beyond a reasonable doubt of committing the crime charged.

AUTOPSY BAIL

BAILIFF

BURDEN OF PROOF CASE

CHAMBERS CIVIL LAW

CLOSING ARGUMENT

COMPLAINT

CONVICTION

CORONER

An official whose responsibilities include the performance of designated functions, the most important of which is the investigation of the cause of any violent or suspicious death that takes place within the geographical boundaries of his or her authority. An attorney or lawyer. The giving of advice and guidance concerning a legal matter. Judicial tribunal established to administer justice An act considered dangerous to the general public and contrary to the good of a community that is forbidden by law and punishable by fine, imprisonment or death. The procedure by which a person accused of committing a crime is charged, brought to trial and judged. The main part of a criminal action is the trial in which the innocence or guilt of the accused is determined. If the defendant is not found guilty, he or she will be acquitted of charges. If the defendant is found to be guilty, a suitable punishment, such as a fine, imprisonment or even a death sentence will be imposed depending upon the punishment provided in the statute under which he or she was prosecuted. A body of rules and statutes that defines conduct prohibited by the government because it threatens and harms public safety and welfare and that establishes punishment to be imposed for the commission of such acts. The questioning of a witness by opposing counsel. The scope of cross examination is generally restricted to matters covered during direct examination. However, for the Mock Trial program, scope of cross-examination is not limited. Monetary compensation claimed by a person who has suffered a loss or injury to his/her person, property or rights as a result of the negligence or unlawful conduct of another. Failure of the defendant to file an answer or appear in a case within a certain period of time. This will usually result in a default judgment against the defendant. The person or party accused of a crime or sued in a civil case who is standing trial. A plea to dismiss a lawsuit on the grounds that although the opposition's statements may be true, they are insufficient to sustain the claim.

COUNSEL

COURT CRIME

CRIMINAL ACTION

CRIMINAL LAW

CROSS EXAMINATION

DAMAGES

DEFAULT

DEFENDANT

DEMURRER

DIRECT EXAMINATION DUE PROCESS OF LAW

Questioning of a witness by the party who calls the witness. The regular course of administration through the courts of justice under the protection of the law and Constitution so that every person can have a fair and impartial trial or hearing. A fact presented in court through the testimony of a witness, an object or written documents. A document or object which is offered into evidence during a trial or hearing. A collection of principles that govern the admissibility of facts and testimony to establish or disprove an issue in civil and criminal lawsuits Brought in U.S. courts. The Federal Rules of Evidence are the model followed by states in the promulgation of their rules of evidence. A major crime that is punishable by death or imprisonment for more than one year. A formal written accusation by a grand jury charging that a person or business committed a specific crime. A formal written accusation filed by a public officer such as a prosecuting attorney charging that a person or business committed a specific crime. A writ or order by a court which requires a party to refrain from doing a particular thing or commanding that the party perform a particular act. A rule which prevents witnesses from watching other witnesses as they testify. (Judgment non obstante veredicto . . . Not withstanding the verdict.) In a broad sense it is a judgment rendered in favor of one party not withstanding the finding of a verdict in favor of the other party. Official who directs the trial, decides what laws might apply to the case and rules on points of law. The official decision by a court regarding the rights and claims of the parties to a civil or criminal lawsuit. The legal authority of a court to hear and decide cases, the exercise of judicial power within certain geographic boundaries.

EVIDENCE

EXHIBIT

FEDERAL RULES OF EVIDENCE

FELONY

INDICTMENT

INFORMATION

INJUNCTION

INVOKE THE RULE

JUDGMENT N.O.V.

JUDGE

JUDGMENT

JURISDICTION

JURY (GRAND)

A group of persons who inquire into and investigate accusations in criminal cases, hears evidence and meet in secret to decide whether to issue indictments. The group of persons called to decide the facts and render a verdict at the trial of a civil or criminal case. Under the Sixth Amendment to the U.S. Constitution, a person is entitled to trial by jury. This right applies to the states by virtue of the Fourteenth Amendment. The right to trial by jury applies only to crimes in which there is a possibility of imprisonment as punishment. Provisions which regulate the conduct of society, primarily generated by the legislature through statutes and sometimes by court decisions. One of the parties involved in a legal action. Process of settling a dispute through the legal system. A classification of offenses which are less serious than felonies. A misdemeanor is punishable by a fine or imprisonment other than in a penitentiary for a period of less than a year. Under federal law, and most state laws, any offense other than a felony is classified as a misdemeanor. A motion presented to the judge before the trial begins requesting the court to exclude or limit evidence at trial. A pledge, affirmation or declaration to provide true information. For an oath to be legally effective, it must be administered by a public official. A spoken oath is generally sufficient; however, a written and signed oath can be required by law. A formal attestation or declaration of disapproval concerning a specific point of law or procedure during the course of a trial. Beginning statement given by an attorney for each party which previews what each attorney expects to happen in the trial. Written statement issued to report the decision of an appellate court. Persons, partnerships, corporations, businesses or governmental organizations involved in legal proceedings--litigants. In a civil action, the party who files the lawsuit; in a criminal case, the State of Oklahoma is the plaintiff (prosecution).

JURY (PETIT)

JURY TRIAL

LAW

LITIGANT LITIGATION MISDEMEANOR

MOTION IN LIMINE

OATH

OBJECTION

OPENING STATEMENT

OPINION PARTIES

PLAINTIFF

PLEA

Response of a defendant to the criminal charges; the plea will usually be "guilty" or "not guilty." Written documents stating the allegations and claims of the opposing parties in a legal dispute. In a criminal case, the State of Oklahoma is the prosecution. An accused has the constitutional right to a public trial to guarantee that a defendant will be treated fairly. The additional questioning of a witness by the opposing party, that is performed after redirect examination. The additional questioning of a witness by the party who calls the witness and which is performed after cross-examination. To send back, an appellate court may remand a case to the trial court for retrial or other action. Decision of an appellate court to change, in whole or in part, the decision of a lower court. Punishment imposed by the court in accordance with the range of sentences outlined by statute. One of those periods in a court term when a judge is actually hearing cases. A regular term is one called for by law, and a special term may be called by a judge. The right of an accused person to a speedy trial is recognized under the common law. It is a fundamental right guaranteed by U.S. Constitution and statutory provisions to protect against arbitrary and oppressive delays. These delays can adversely affect the defendant's position due to unavailability or unreliability of witnesses or evidence supporting his or her claims. Law enacted by the legislature. Legal document issued by the court to order a person to appear as specified and give testimony. Legal document issued by the court which directs the sheriff or another officer to notify the named defendant that a complaint has been filed and that he/she is required to appear and answer the complaint on or before the date and time specified.

PLEADINGS

PROSECUTION PUBLIC TRIAL

RECROSS EXAMINATION

REDIRECT EXAMINATION

REMAND

REVERSE

SENTENCE

SESSION

SPEEDY TRIAL

STATUTE SUBPOENA

SUMMONS

SUSTAIN

To grant, support or uphold. During a trial when an attorney objects to the introduction of evidence and the judge agrees with the objection, the judge sustains the objection. A term is the time during which a court is authorized to hear cases. Oral evidence statement made by a competent witness who has taken an oath to tell the truth which is used to establish some fact or set of facts. Official, verbatim record of court proceedings. Formal presentation of facts to a court or jury in order to reach a legal resolution. Formal decision of the court. The preliminary examination which an attorney may make of a witness where the competency of the witness is objected to. Individual who gives testimony regarding what he/she has seen, heard or otherwise observed. A general term which refers to the questioning of the witnesses for both parties. The taking of the life of an individual resulting from the willful or negligent act of another person or persons. ADDITIONAL TERMS

TERM TESTIMONY

TRANSCRIPT TRIAL

VERDICT VOIR DIRE

WITNESS

WITNESS EXAMINATION

WRONGFUL DEATH

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