Legal Terms
Definitions of different Legal Terms
Affidavit
Definition: A written sworn statement of fact.
Sentence: Hanna faced perjury charges after someone found out that the information on her affidavit was a lie.
Beyond Reasonable Doubt
Definition: (criminal case) The evidence that a prosecutor presents, that causes the jury to have no question about
whether the defendant is innocent, the jury should believe in no other possible alternatives.
Sentence: The jury believed beyond reasonable doubt that Jack Richards had committed the crime.
Burden of Proof
Definition: The proof that gets rid of doubt in a jurors mind that makes them think that someone is guilty.
Sentence: The prosecution held the burden of proof but the jury didn’t think that they proved their case because
Claire Goodman, the defendant, was found innocent.
Charges
Definition: A statement of what the alleged defendant did, according to the prosecution. This is in a criminal case.
Sentence: The prosecution dropped the charges against Erica when they didn’t have enough evidence.
Civil Case
Definition: A non-criminal case where people are arguing over something such as property, money, or custody.
Sentence: I immediately recognized the child custody case as a civil case when we listened to a trial taking place at the courthouse.
Closing Argument
Definition: The concluding statement of each party’s attorney reiterating the important arguments or facts of the trial for the jury or judge.
Like the opening statement, each party will have a chance to give their closing argument.
Sentence: Tucker’s closing argument helped them win the entire case because it was so persuasive.
Credibility
Definition: How believable someone is.
Sentence: The credibility of Dr. Carl Smith was lowered after a prosecution lawyer pointed out that something in his
testimony didn’t match an exhibit that he had wrote in.
Criminal Case
Definition: A case where crime occurs, such as robbery, murder, or kidnapping.
Sentence: In the Water Jeopardy, a game that was made up by Taylor Durden, a woman died and Durden was accused of manslaughter, a criminal case.
Criminal Homicide
Definition: When a person causes the death of another human by being reckless or negligent or doing something that
that person knows is going to cause the death of another person.
Sentence: George Walker was charged of criminal homicide because he murdered another person.
Cross Examination
Definition: When one side of the case questions a witness from the other side hoping to crush their case.
Sentence: The prosecution lawyer, Gabriella, cross examined the defendant, Richard Brown.
Defense/defendant
Definition: A defendant is the person being accused of the crime and the charges are being pressed against them.
Defense is the effort of an attorney representing a defendant and want to defeat the prosecution.
Sentence: The defendant was angry when she was found guilty in the court.
Direct Examination
Definition: When one party questions their own witnesses so that the witness can tell their story.
The direct examination is supposed to help their side of the case.
Lawyers from each party give direct examination to their witnesses in a trial.
Sentence: Paul gave direct examination to his witness, Parker Jackson, in hope it would help them win.
Exhibits
Definition: Physical or documentary evidence that is brought before the jury.
Sentence: One of the exhibits in the trial proved that Sam Temple had committed the crime.
Expert Witness
Definition: A experienced witness who is an expert in his/her field that is likely to testify.
Sentence: Dr. Kory was an expert witness who testified in the case about the man who died.
Evidence
Definition: A fact or proof that proves guilt or innocence of the defendant.
Sentence: The defense provided an exceptional piece of evidence that helped them win the case.
Felony
Definition: A crime typically involving violence, more serious than a misdemeanor.
Sentence: In the case, Timothy was accused of committing a felony in the park.
First Degree Manslaughter
Definition: Voluntary manslaughter. When a person kills someone without planning to do so. They are in “the heat of passion,”
and lost self control and killed someone.
Sentence: Billy was charged of first degree manslaughter when he lost self control and killed his friend.
Hazing
Definition: When forced to perform a strenuous, humiliating, or dangerous task in order to be a part of a group.
Sentence: The manslaughter charges against Nick were dropped, but the hazing charges were upheld.
Irrelevant
Definition: Something that doesn’t relate to the case at all
Sentence: When Kayla was cross examining a witness in her trial, the witness gave some irrelevant information as his response.
Misdemeanor
Definition: A minor crime that is punished in a smaller way than a felony.
Sentence: Jayden was driving over the speed limit, but that was only a misdemeanor.
Negligence
Definition: Failing to maintain the proper care of something or someone.
Sentence: When Bob showed negligence to his wife when she was sick, by not taking her to the hospital so he went to court because she died.
Opening Statement
Definition: The first occasion when the jury or judge has to hear from a lawyer in a trial. The opening
statement is supposed to be persuasive, you are telling the story of the case in your prospective.
Each lawyer (from the prosecution and defense) gives an opening statement in our trial.
Sentence: Julie’s opening statement was not persuasive, which didn’t help them win right at the start.
Physical Evidence
Definition: Any object that can prove that the crime was committed.
Sentence: Jess showed up with physical evidence - the gun with fingerprints of Davids Cunnings.
Plaintiff
Definition: A person or persons suing someone else in a civil case.
Sentence: The plaintiff sued his neighbor when their tree fell down onto his house last winter.
Preponderance of Evidence
Definition: (civil trial) The heaviest weight of evidence on one team (defense or prosecution) or the other.
This is based on truth and accuracy, not the amount of evidence.
Sentence: The defense had a preponderance of evidence in the case, because they brought in evidence that outweighed the unclear,
bounty of evidence from the prosecution.
Presumption of Innocence
Definition: The right that the defendant has to be innocent until the prosecution can prove that they are guilty.
Sentence: Bailey lost her presumption of innocence when the prosecution proved that she stole the watch.
Rule of Law
Definition: When the law applies to everyone including the government. Nobody is above the law. The laws are clear and published,
so everyone has to follow the same laws.
Sentence: The jury used the clear laws about manslaughter and decided that Jake Cook was guilty.
Second Degree Manslaughter
Definition: Involuntary manslaughter, you didn’t mean to kill a person, but their death was caused by you being reckless or
negligent, you were doing something illegal that caused their death.
Sentence: The prosecution hoped that John Durden would be convicted of second degree manslaughter.
Stipulations
Definition: Something required, a condition. You might agree to something as a condition.
Sentence: Abby’s mother was given custody of her, with the stipulation that her father would see her on weekends.
Testify
Definition: In which a witness gives his/her personal view of the case.
Sentence: Zach Fisher testified for the case of manslaughter.
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