1.

Objection “Objection” is used to protest when an opposing lawyer asks an

inappropriate question of a witness. A lawyer can also object when a witness
makes a statement that has nothing to do with the question at hand. 2. Sustained If
a judge “sustains” an objection, he or she is agreeing with it, telling the lawyer
who asked the question to drop it and move on. 3. OverruledWhen a judge
overrules an objection, he is telling the witness to go ahead and answer the
question.4. Withdrawn A less-embarrassing word for “I take it back!” 5.
Rebuttal A comeback supported by evidence. For instance, if the prosecutor states
that a bloody candlestick was found in Professor Plum’s study, the defense might
offer the rebuttal that the professor had sold the candlestick in question to an
antique dealer the previous week. 6. Prima FaciePrima facie is Latin for “at first
look” or “on its face,” and in legalese it refers to a situation where someone looks
guilty. One of the nice things about our legal system is that even when you look
guilty, the system is supposed to look more closely and give you a chance to
defend yourself. For example, in a “prima facie” case, a jury might be presented
with the evidence of your handgun found at the scene of your husband’s murder,
and everyone would expect you to be indicted based on that evidence - at least
until the fatal bullet was shown to have been fired from the gun of the policeman
who “discovered” the crime! 7. Plea Bargain This is when the prosecution and the
defense work out a deal, with the judge’s approval, in which the defendant pleads
guilty in exchange for something. For example, if you rob a liquor store and get
caught, you might plead guilty in exchange for a short sentence, saving everyone
the trouble of going through a trial. The defendant may also give up information
about other crimes or criminals in exchange for a lenient sentence. 8.
AdjournmentAn adjournment is a suspension or delay of the entire trial until a
later date. This sometimes happens when new and surprising evidence is
introduced that changes the course of the trial. 9. Habeas Corpus Habeas Corpus
is Latin for “you have the body,” which sounds ominous, but it is actually one of
the most fundamental rights of a citizen. When a writ of habeas corpus is
presented to a judge, it means that someone who has imprisoned another person
has to show the legal basis for that imprisonment. In other words, the law of
habeas corpus is what prevents police and prison officials from locking people up
without trying to show they’ve done anything wrong. 10. Recess A recess is a
short break from a trial (not to be confused with an adjournment, which is a long
break from a trial). Unfortunately, most courthouses do not have adjoining
playgrounds, so lawyers tend to spend recesses doing whatever they have to do to
continue the trial
2. Acquittal — a certification of a person’s innocence, freeing them from the charges of a
crime. This can come from a jury’s “not guilty” verdict or a judge’s decision.
3. Affidavit — a written statement made under oath.
4. Arbitration — a private process for resolving disputes outside of the courts. A neutral
third party hears the evidence of the case and makes a decision.
5. Bar — this refers to the legal profession as an institution. A bar association is a group of
attorneys. In the United States, you have to be admitted to the bar to practice law, but
only certain states mandate that lawyers be members of local bar associations.
6. Bench — the area of the courtroom occupied by the judge or judges.
7. Contempt of Court — disregard for or failure to obey the rules and authority of the
court. Disrespecting a judge or disobeying a court’s orders are both grounds to be held
in contempt.
8. Discovery — the process by which one party can learn what evidence or facts the other
party has that could affect the outcome of the case.
9. Ex Parte — Latin for “from a side,” ex parte is when one party in a case speaks with a
judge without the presence of the other party. It’s generally considered improper except
in special cases, like when domestic abuse victims request restraining orders.
10. Gag Order — a court order restricting parties from commenting on a case publicly or
with an unauthorized third party.
11. Good Faith — the assumption that all parties will be honest, fair and sincere in their
dealings.
12. Habeas Corpus — meaning “you have the body” in Latin, this is usually used as a
judicial order to force law enforcement to produce a person they’re detaining and to
justify that person’s imprisonment.
13. Hung Jury — a jury unable to reach a consensus or verdict.
14. Inculpatory Evidence — evidence that establishes the guilt of the defendant.
Conversely, exculpatory evidence is evidence that establishes the innocence of the
defendant.
15. Natural Person — simply means an individual, not a corporate entity. (Remember, in
the United States corporations are technically people.)
16. Pro Bono — from the Latin phrase pro bono publico (“for the public good”), these are
legal services provided by a lawyer who isn’t paid for those services, often for low-
income clients or nonprofit organizations.
17. Pro Se — meaning “for oneself” in Latin, this is when a litigant represents themselves in
court, rather than being represented by an attorney.
18. Recess — a break in a trial or court proceeding.
19. Subpoena — from the Latin phrase sub poena (“under penalty”), this is a notice legally
requiring a person to appear in court and testify as a witness.
20. Tort — a negligent or intentional injury or wrongful act against a person or their
property, allowing for a civil case to be brought.
21. Wobbler — a crime that can be punished as either a misdemeanor (a crime with a less
severe sentence, usually less than one year in prison) or a felony (a crime with a more
severe sentence, usually more than one year in prison)
Adjournment: To suspend the case and postpone it until a future time or
place.

Alimony: The legal obligation of a person to provide their spouse with

financial support after a divorce or separation.

Bench: Officially, the bench is the seat of the judge themselves. However,
many times it refers to the judiciary as a whole, or of a certain court.

Custody: The care, control, and maintenance of a child, which may be

awarded to only one parent following a divorce case. Custody can also
reference a person's property or the location of a prisoner.

Decree: The judicial decision of the court and judge, the consequences of the
case, and how it will be carried out. Decrees are the results of the Final
Judgment, although they are often confused. A decree can also be a ruling
made by someone of power, such as a President making a law or statement.

Deposition: An out-of-court oral testimony of a witness to be used later in the

case as written evidence. These can be made during pre-trial in a lawyer's or
judge's office.

Exhibit: A document or object shown to the court as evidence.

Final Judgment: The ultimate, final decision on the case. All that remains
after this point in the case is the actual enforcement of the verdict.

Grounds: The reason(s) the case was brought into the court in the first place.

Hearing: A trial which acts as a formal examination to determine if a person

should be charged with a felony, should be tried with the crime charged, and if
there is enough evidence to determine if he/she committed the crime.
Hearings are often held at lower-level courts before taken further.

Motion: A request for a decision by a court pertaining to the matters

submitted; based upon legal arguments and no material facts are in dispute.

Objection: A lawyer's protest about the legality of a statement made in court.

This includes irrelevant material, hearsay, leading, calls for conclusion, lack of
foundation, etc.
Overruled: When a judge disagrees with a lawyer's objection and allows the
objected statement to remain valid. This is the opposite of being sustained.

Order: An official, written direction from a court or judge to do or to avoid

doing certain acts.

Parole: The release of a prisoner for a short period of time, for a special
purpose, or permanently before the completion of a sentence based on the
premise of good behavior.

Party: The person(s) concerned or taking part in any proceeding considered

individually. Plaintiffs and defendants are the parties in a lawsuit.

Plea Bargain: A negotiation where the defendant agrees to plead guilty but
will face a lesser charge and the prosecutor agrees to drop the more serious
charge.

Pretrial: A proceeding to be held before the official trial to clarify facts and
points of law. During this step it's possible to change your plea to guilty, or
continue to the trial.

Rebuttal: A statement or piece of evidence used as a counter to disprove or

contradict the opponent's evidence or presumption.

Rule/Ruling: A declaration or order made by a judge in court which decides a

specific question or point.

Statutes: An enactment made by a legislature and expressed through a

written, formal document.

Subpoena: A request for a non-defendant to appear in court, such as

someone to act as a witness. Refusing to appear in court can be punishable in
itself.

Summons: A court order requesting someone to appear there. Generally a

summons is given to a defendant requiring them to be at the case.
Occasionally a summons is given to a witness to show up at a court case.

Sustained: When a party objects to a testimony, entry of evidence, or another

trial procedure, and the court or judge agrees with the objection. This is the
opposite of being overruled.
Withdrawn: When a question is asked by one party in court, the opposing
side objects, then the initial party retracts their question or remark. If the
opposing side deems the question unnecessary or irrelevant they can refuse
to respond.