Common Legal Terms Used in the U.S. Federal Courts

acquittal
Judgment that a criminal defendant has not been proved guilty byeond a reasonable doubt. In other words, a verdict of "not guilty."

affidavit
A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.

affirmed
In the practice of the court of appeals, it means that the court of appeals has concluded that the lower court decision is correct and will stand as rendered by the lower court.

answer
The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for his defense.

appeal
A request made after a trial by a party that has lost on one or more issues that a higher court (appellate court) review the trial court's decision to determine if it was correct. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the "appellant;" the other party is the "appellee."

appellate
About appeals; an appellate court has the power to review the judgment of a lower court (trial court) or tribunal. For example, the U.S. circuit courts of appeals review the decisions of the U.S. district courts.

arraignment
A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.

bail
Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his appearance on the day and time set by the court.

bankruptcy
A legal process by which persons or businesses that cannot pay their debts can seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, usually by paying a portion of each debt. Bankruptcy judges preside over these proceedings.

bench trial
Trial without a jury in which a judge decides which party prevails.

brief
A written statement submitted by each party in a case that explains why the court should decide the case, or particular issues in a case, in that party's favor.
chambers
A judge's office, typically including work space for the judge's law clerks and secretary.

capital offense
A crime punishable by death.

case law
The law as reflected in the written decisions of the courts.

chief judge
The judge who has primary responsibility for the administration of a court; chief judges are determined by seniority.

clerk of court
An officer appointed by the judges of the court to assist in managing the flow of cases through the court, maintain court records, handle financial matters, and provide other administrative support to the court.

common law
The legal system that originated in England and is now in use in the United States that relies on the articulation of legal principles in a historical succession of judicial decisions. Common law principles can be changed by legislation.

complaint
A written statement filed by the plaintiff that initiates a civil case, stating the wrongs allegedly committed by the defendant and requesting relief from the court.

contract
An agreement between two or more persons that creates an obligation to do or not to do a particular thing.

conviction
A judgment of guilt against a criminal defendant.

counsel
Legal advice; a term also used to refer to the lawyers in a case.

court
Government entity authorized to resolve legal disputes. Judges sometimes use "court" to refer to themselves in the third person, as in "the court has read the briefs."

court reporter
A person who makes a word-for-word record of what is said in court, generally by using a stenographic machine, shorthand or audio recording, and then produces a transcript of the proc

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