==plea deal (or plea bargain or agreement) - Agreement between the defendant and prosecutor where the defendant pleads guilty in exchange for a concession by the prosecutor. It may include lesser charges, a dismissal of charges, or the prosecutor’s recommendation to the judge of a more lenient sentence.
==pleadings - Written statements of the parties in a civil case of their positions. In federal courts, the principal pleadings are the complaint and the answer.
==precedent - A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way. Some precedent is binding, meaning that it must be followed. Other precedents need not be followed by the court but can be considered influential.
==procedure - The rules for the conduct of a lawsuit; there are rules of civil, criminal, evidence,
==preliminary hearing - A hearing where the judge decides whether there is enough evidence to require the defendant to go to trial. Preliminary hearings do not require the same rules as trials. For example, hearsay is often admissible during the preliminary hearing but not at trial.
==pretrial conference - A meeting of the judge and lawyers to discuss which matters should be presented to the jury, to review evidence and witnesses, to set a timetable, and to discuss the settlement of the case.
==probable cause - An amount of suspicion leading one to believe certain facts are probably true. The Fourth Amendment requires probable cause for the issuance of an arrest or search warrant.
==probation - A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
==probation officers (or pretrial services officers) - Screen applicants for pretrial release and monitor convicted offenders released under court supervision.
pro se - A Latin term meaning "on one's own behalf"; in courts, it refers to persons who present their own cases without lawyers.
==prosecute - To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
==public defenders - Represent defendants who can't afford an attorney in criminal matters.
==record - A written account of all the acts and proceedings in a lawsuit.
==remand - When an appellate court sends a case back to a lower court for further proceedings. The lower court is often required to do something differently, but that does not always mean the court’s final decision will change
==reporter - Makes a record of court proceedings, prepares a transcript, and publishes the court's opinions or decisions.
==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. For example, if the defendant argued on appeal that certain evidence should not have been used at trial, and the appeals court agrees, the case will be remanded in order for the trial court to reconsider the case without that evidence.
==search warrant - Orders that a specific location be searched for items, which if found, can be used in court as evidence. Search warrants require probable cause in order to be issued.
==sentence - The punishment ordered by a court for a defendant convicted of a crime. Federal courts look to the United States Sentencing Commission Guidelines when deciding the proper punishment for a given crime.
==service of process - The service of writs or summonses to the appropriate party.
==settlement - Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
==sequester - To separate. Sometimes juries are sequestered from outside influences during their deliberations.
==sidebar - A conference between the judge and lawyers held out of earshot of the jury and spectators.
==statement - A description that a witness gives to the police and that the police write down.
statute - A law passed by a legislature.
==statute of limitations - A law that sets the time within which parties must take action to enforce their rights.
==subpoena - A command to a witness to appear and give testimony.
==subpoena duces tecum - A command to a witness to produce documents.
==summary judgment - A decision made on the basis of statements and evidence presented for the record without a trial. It is used when there is no dispute as to the facts of the case, and one party is entitled to judgment as a matter of law.
==temporary restraining order - Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
==testify - Answer questions in court.
==testimony - Evidence presented orally by witnesses during trials or before grand juries.
==tort - A civil wrong or breach of a duty to another person as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
==transcript - A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation.
==trial - A hearing that takes place when the defendant pleads "not guilty,” and the parties are required to come to court to present evidence.
==temporary restraining order - Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
==testify - Answer questions in court.
- 1 more item...