THE COURT SYSTEM IN THE UK

Jurisdiction = the power of the court to hear and decide a case or make a certain order;
the territorial limits within which the jurisdiction of a court may be exercised.
Everywhere else is said to be outside the jurisdiction

A case of first instance is one which is before a court for the first time, not an appeal first instance jurisdiction

Appellate jurisdiction - the power of a higher court to hear appeals from inferior courts

Judges - state officials with power to adjudicate on disputes and other matters brought
before the courts for decision

In English law all judges are appointed by the Crown, on the advice of the Lord
Chancellor or on the advice of the Prime Minister

All judges are experienced legal practitioners, mostly barristers

The independence of the higher judiciary is ensured by the principle that they hold
office during good behaviour and not at pleasure of the Crown

The jury is a group of jurors (usually 12) selected at random to decide the facts of a
case and give a verdict. Most juries are selected to try crimes but juries are also used in
some civil cases (e.g. defamation actions). The judge directs the jury on points of law
and sums up the evidence of the prosecution and defence for them, but he must leave
the jury to decide all questions of fact themselves.

The jury system: pros and cons

Court orders and injunctions

1. People who cause trouble in a particular place may be legally prevented from going to that
place again. This is known as a banning order.
2. In Britain, if someone is causing someone distress, harm or harassment, the police can
apply for an ASBO (Anti-Social Behaviour Order) in order to restrict their behaviour.
3. In a civil case, a court may impose a search order allowing a party to inspect and
photocopy or remove a defendant's documents, especially if the defendant might destroy
those documents.
4. A promise given to a court (for example, by a vandal who promises not to damage property
again) is known as an undertaking.
5. Sometimes a temporary injunction can be imposed on someone until the case goes to court.
This is known as a temporary or interlocutory injunction.
6. A restraining order is a court order which tells a defendant not to do something while the
court is still making a decision.
7. If someone applies for an injunction against a person with a mental disability, a third party
will be appointed to act for that person. This third party is known as a litigation friend.
8. A freezing order or injunction prevents a defendant who has gone abroad from taking all
his assets (for example, the money in his bank account) abroad (except for living expenses).
9. If you want to stop a magazine publishing an article about you (or photographs of you) that
you do not like, you can apply for a publication injunction.
10. A person who repeatedly harasses, pesters or hits another person might be given a nonnon-molestation order to prevent him / her from continuing to do it.
11. If your partner is trying to get you out of your shared home, or if he / she won't let you
back into your home, you can apply for an occupation order to remain / get back into the
home.
12. Housing injunctions might protect you if you live in a council home and your neighbours
are annoying and harassing you, or if you are a private tenant being harassed by your
landlord.
13. A Common Law injunction can sometimes be applied for if one partner of an unmarried
couple is harassing, assaulting or trespassing on the property of the other.
14. Restitution orders are court orders asking for property to be returned to someone.
15. An order of discharge is a court order releasing someone from bankruptcy.
16. Many injunctions have a penal notice attached, which states that if the injunction is
broken, the offender could be sent to prison.
17. Injunctions aimed at preventing violence may carry a power of arrest clause, which allows
the police to take the offender into custody if the injunction is broken.
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18. If an injunction is broken, committal proceedings might follow: this is a process in which a
court is asked to send the person who has broken the injunction to prison.

From House of Lords to Supreme Court

On 30 July 2009, the judicial function of the House of Lords and its role as the final - and
highest - appeal court in the UK ended, bringing about a fundamental change to the
work and role of the House of Lords.

A new United Kingdom Supreme Court, separating the judicial function from Parliament
(those who make the law from those who interpret it in courts), will open from 1 October
2009 opposite the Houses of Parliament in Parliament Square - formerly the Middlesex
Guildhall.

At the end of July, the Law Lords sat in the Lords Chamber to hear appeals and give the
final House of Lords judgments. (www.parliament.uk)

Barristers
In England and Wales, a barrister is a member of one of the Inns of Court (= the four law
societies in London to which lawyers are members); he or she has passed examinations and
spent one year in pupillage (= training) before being called to the bar (= being fully
accepted to practise law). Barristers have the right of audience in all courts in England and
Wales: in other words, they have the right to speak, but they do not have that right
exclusively.
Magistrates
Magistrates usually work in Magistrates' Courts. These courts hear cases of petty crime,
adoption, affiliation, maintenance and violence in the home. The court can commit
someone for trial or for sentence in a Crown Court. There are two main types of
magistrates: stipendiary magistrates (qualified lawyers who usually sit alone); lay
magistrates (unqualified, who sit as a bench of three-seven and can only sit if there is a
justices' clerk present to advise them).
Judges
In England, judges are appointed by the Lord Chancellor*. The minimum requirement is that
one should be a barrister or solicitor of ten years' standing. The majority of judges are
barristers, but they cannot practise as barristers. Recorders are practising barristers who
act as judges on a part-time basis. The appointment of judges is not a political appointment,
and judges remain in office unless they are found guilty of gross misconduct. Judges cannot
be Members of Parliament. **
*The Lord Chancellor is the member of the British government and of the cabinet who is
responsible for the administration of justice and the appointment of judges in England and
Wales. The role of Lord Chancellor is to be abolished and his / her role assumed by the
Secretary of State for Constitutional affairs.
** Note that in the USA, state judges can be appointed by the state governor or can be
elected; in the federal courts and the Supreme Court, judges are appointed by the President,
but the appointment has to be approved by Congress.
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The jury
Juries are used in criminal cases, and in some civil actions, notably actions for libel. They are
also used in some coroner's inquests. The role of the jury is to use common sense to decide if
the verdict should be for or against the accused. Members of a jury (called jurors) normally
have no knowledge of the law and follow the explanations given to them by the judge. Anyone
whose name appears on the electoral register and who is between the ages of 18 and 70 is
eligible for jury service. Judges, magistrates, barristers and solicitors are not eligible for jury
service, nor are priests, people who are on bail, and people suffering from mental illness.
People who are excused from jury service include members of the armed forces, Members of
Parliament and doctors. Potential jurors can be challenged if one of the parties to the case
thinks they are or may be biased.

Criminal courts of first instance

2 criminal courts: the Magistrates' Court and the Crown Court

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the senior of the two is the Crown Court

the courts are arranged in a local structure to enable the system to work effectively

the most important Crown Court = the most famous = the Old Bailey, in London

the Magistrates' Court does have some civil functions in addition to its criminal duties

Civil Courts

2 main civil courts of first instance: the County Court and the High Court

the County Courts are arranged in a local structure to facilitate accessibility

the High Court of Justice is split into 3 divisions:

1) the Queen's Bench Division - deals mainly with claims for damages and equitable remedies
as a result of breaches of contract and torts
2) the Chancery Division - deals in matters of partnership and company law, revenue matters
and important property issues
3) the Family Division - deals in matrimonial disputes and children cases (such as custody
issues)
CRIMINAL COURTS OF FIRST INSTANCE
Magistrates' Court

presided over either by lay magistrates (Justices of the Peace) or by district judges

the lay magistrates are unqualified laymen (people without a legal qualification); they
are unpaid but will receive expenses for travel and any loss of earnings incurred whilst
attending at court and hearing cases

the district judges (previously called stipendiary magistrates) are full-time salaried
magistrates who are legally qualified

the majority of Magistrates' Courts are presided over by lay magistrates

the feature of both the civil and the criminal matters within the jurisdiction of the
Magistrates' Courts is that they are matters of relatively minor importance compared
with the civil matters heard in the High Court and the county courts and the criminal
cases tried at the Crown Court

the advantage of summary procedure is its cheapness and speed

Lay magistrates

There are over 30,000 lay magistrates who are also known as Justices of the Peace (JP).
They normally sit as part of a bench of three-seven, for at least 26 half days each year.

In court, they will be advised on questions of law, practice and procedure by a

Magistrates' Clerk (who must have been qualified as a barrister or solicitor for at least
five years).

The Role of Magistrates courts (1)

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Criminal matters
Magistrates' courts dispose of over 95% of all criminal cases. They:
issue warrants for arrest and search;
decide whether a case should be adjourned;
grant applications for bail or remand defendants in custody;
in summary trials, determine whether a defendant is guilty or not;
pass sentence on a defendant who has been found guilty;
may decide to hear an either-way offence, if the defendant also agrees;
commit defendants convicted of either-way offences to the Crown Court for sentence;
sit in the Crown Court with a judge to hear appeals from Magistrates' courts against
conviction or sentence;
sit in the Crown Court with a judge to hear committals for sentence;
enforce financial penalties; and
sit in the Youth Court to hear cases involving young offenders aged 10-17.
For a single criminal offence committed by an adult, magistrates' sentencing powers include
the imposition of fines, community service orders, probation orders or a period of not more
than six months in custody.
Civil matters
Magistrates hear cases in the Family Proceedings Court and make decisions on a range of
issues affecting children and families. For example, making orders for residence of and contact
with children.
Magistrates also decide whether to grant certain orders, licences or certificates. For example,
liquor licences, permits relating to betting and the registration of gaming clubs.

STIPENDIARY MAGISTRATES/DISTRICT JUDGES

Note: Stipendiary Magistrates were renamed District Judge (Magistrates' Court)
in August 2000.
Stipendiary magistrates are full-time magistrates who sit alone. They will have been qualified
as barristers or solicitors for at least seven years and have served as Acting Stipendiary
Magistrates for a minimum of two years. They are usually aged between 40 and 55.
There are 48 Metroplitan Stipendiary Magistrates who hear cases in London, and 48 Provincial
Stipendiary Magistrates who hear cases in magistrates' courts outside London, generally in
busy urban areas. They are appointed by the Queen on the recommendation of the Lord
Chancellor.

Before sitting alone, successful candidates are asked to sit in for one week with a serving
Stipendiary Magistrate, to attend a Judicial Studies Board induction seminar, to visit penal
institutions and to meet with a senior representative of the Probation Service.
Acting Stipendiary Magistrates sit for two weeks on the first occasion, and at least 20 days a
year thereafter. If an Acting Stipendiary Magistrate does not achieve a full-time Stipendiary
post within five years, he or she is unlikely to be invited to undertake further sittings. There
are 107 Acting Stipendiary Magistrates.
The Crown Court

is presided over by a High Court judge, a circuit judge or a recorder (=a part time judge
who will have been a barrister or a solicitor of at least 10 years standing)

the case is heard before a jury

the judge will be the sole arbiter of the law and will advise the jury as to the legal
ramifications of the offence and of the evidence put before them

the jury is the sole arbiter of the fact; it is comprised of 12 people

the jurors are taken from the electoral roll and must be legally unqualified

the Crown Court has exclusive jurisdiction over all trials on indictment for offences
wherever committed

CIVIL COURTS OF FIRST INSTANCE

The County Court

it is a national network of local courts which deal exclusively with civil cases

it is a court of first instance and generally deals with smaller, less complex claims (such
as small debts)

personal injury claims of less than 50,000 must be commenced in the County Court

County Court will usually deal with other claims where the claim is for 25,000 or less

the jurisdiction of the county courts is local in nature (so that there must be some
connecting factor between the action and the county court district in which it is tried)

The High Court

it is a civil court of first instance and an appeal court in criminal cases

Queen's Bench Division

it has civil and criminal jurisdiction

it deals with claims in breach of contract and tort

it also has a supervisory jurisdiction and can issue "prerogative writs" to force inferior
tribunals and courts to act or stop acting in a particular way (judicial review)

its jurisdiction over commercial matters is exercised by the Commercial Court, which is
a part of it
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the criminal jurisdiction of the High Court is exercised exclusively by the Queen's Bench
Division

Chancery Division

it deals with cases involving partnership, company law, insolvency, disputed wills, the
sale of land, patents, trademarks and copyright

Family Division

it deals with all High Court matrimonial matters (divorce, custody, adoption, legitimacy)

APPELLATE COURTS
The Court of Appeal

The Civil Division hears appeals from the High Court, county courts, the Restrictive
Practices Court, the Employment Appeal Tribunal and various tribunals

appeal is by way of rehearing

The Criminal Division hears appeals by persons convicted and, in certain cases,
considers points of law referred to the court by the Attorney-General; it also hears
appeals against sentence from the Crown Court

The House of Lords/Supreme Court

it exercises the judicial function of Parliament

it has very little original jurisdiction, its jurisdiction being almost entirely appellate

in civil cases it hears appeals from the Court of Appeal; the ground of appeal does not
have to be a point of law (as it does in criminal cases) but most cases which reach the
House of Lords do in fact involve a point of law of public importance, such as the correct
construction of Acts of Parliament.

in criminal cases - appeals from the High Court

COURTS WITH SPECIAL JURISDICTION

Employment Appeal Tribunal

it hears appeals, on a point of law only, from the Employment tribunal

it is presided over by a High Court judge sitting with 2 expert laymen drawn from panels
representing both sides of the industry (the employee's panel and the employer's panel)

Restrictive Practices Court

it considers the agreements that restrict prices of products or the conditions of supply
of goods

it has the jurisdiction to hear proceedings brought by the Director of Fair Trading against
a trader who has traded unfairly

it is presided over by a High Court judge

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Judicial Committee of the Privy Council

it hears appeals from outside the UK (e.g. the Channel Islands) and from such bodies as
the General Medical Council and Ecclesiastical Courts

it has equal status with the House of Lords for the bodies referring to it

Coroners' Courts

these are local courts which hold inquests into unexplained or suspicious deaths in the
area

it also has jurisdiction in cases of alleged "treasure trove" (where valuable items are
found buried in the ground)

TRIBUNALS
Domestic tribunals

are so called because they are set up by a particular body or club to regulate the
conduct of their members

Administrative tribunals

The Lands Tribunal - deals with a variety of disputes involving valuation of land (e.g.
where land is being compulsory purchased for the building of a new road). The tribunal,
which is staffed by legally qualified members together with valuation experts, will hear
the claim and decide on the acquisition price.

Rent Tribunals - are set up to assess the rent of some furnished premises.

Employment Tribunals - are local tribunals established to hear disputes between an

employee and his employer. The hearing is presided over by legally qualified chairmen
sitting with 2 or 4 expert laymen drawn from panels representing each side of the
industry.

Social Security Tribunals - are established by statute to hear claims relating to the
eligibility for and amount of welfare benefits that a person is entitled to. The tribunals
usually consist of a legally qualified member and 2 laymen.

Mental Health Review Tribunals - hear matters relating to the treatment and property of
people who suffer from mental disorders. They are composed of both legally and
medically qualified members.
Types of court

1. A small claims court is a court that deals with disputes over small amounts of money.
2. A Court of Appeal (also called an Appeal Court) is a civil or criminal court to which a
person may go to ask for an award or sentence to be changed.
3. A court-martial (Note that the plural form is courts-martial. It can also be a verb,
usually used in the passive: to be court-martialled) is a court which tries someone
serving in the armed forces for offences against military discipline.
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4. A Courthouse is the general word for a building in which trials take place.
5. A County Court (there are about 270 County Courts in England and Wales. They
are presided over by either district judges or circuit judges. They deal mainly with
claims regarding money, but also deal with family matters, bankruptcies and claims
concerning land) is one of the types of court in England and Wales which hears local civil
cases.
6. The European Court of Human Rights (its formal name is the European Court for
the Protection of Human Rights) is a court which considers the rights of citizens of states
which are parties to the European Convention for the Protection of Human Rights.
7. An employment tribunal (formally known as an industrial tribunal. The panel
hearing each case consists of a legally qualified chairperson and two independent
lay (= not legally qualified) people who have experience of employment issues.
Decisions need to be enforced by a separate application to the court. Appeals are
made to an Employment Appeal Tribunal) is a body responsible for hearing work-related
complaints as specified by statute.
8. A magistrates' court is a court which hears cases of petty crime, adoption, affiliation,
maintenance and violence in the home (= domestic violence), and which can also commit
someone for trial or sentencing in a Crown Court.
9. A coroner's court (an investigation in a coroner's court is called a coroner's
inquest. A coroner's inquest also decides what happens when treasure or
something valuable that has been secretly hidden or lost is suddenly rediscovered)
is a court presided over by a public official (usually a doctor or lawyer) who
10. A Crown Court is a court above the level of a magistrates' court which hears criminal
cases.
11. A Lands Tribunal is a court which deals with compensation claims relating to land.
12. A Commercial Court is a court in the Queen's Bench Division (= one of the main divisions
of the High Court) which hears cases relating to business disputes.
13. A rent tribunal is a court which adjudicates in disputes about money paid or services
provided in return for borrowing something usually buildings or land.
14. The High Court is the main civil court in England and Wales.
15. The European Court of Justice (ECJ for short. It is also called the Court of Justice
of the European Communities) is the court set up to see that the principles of law as laid
out in the Treaty of Rome are observed and applied correctly in the European Union.
16. A Court of Protection is a court appointed to serve the interests of people who are not
capable of dealing with their own affairs, such as patients who are mentally ill.
17. The Admiralty Court is court which is part of the Queen's Bench Division (see number 12
above), which decides in disputes involving ships.
18. The Supreme Court of the UK is the highest court of appeal in the United Kingdom
(although appellants unhappy with a decision made here can appeal to the European Court of
Justice).

Court System

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Acquittal- In the common law tradition, an acquittal formally certifies that the accused is free from the
charge of an offense, as far as the criminal law is concerned. This is so even where the prosecution is
abandoned nolle prosequi. The finality of an acquittal is dependent on the jurisdiction. In some countries,
such as the United States, under the rules of double jeopardy and autrefois acquit, an acquittal operates to bar
the retrial of the accused for the same offense, even if new evidence surfaces that further implicates the
accused. The effect of an acquittal on criminal proceedings is the same whether it results from a jury verdict,
or whether it results from the operation of some other rule that discharges the accused. In other countries, the
prosecuting authority may appeal an acquittal similar to how a defendant may appeal a conviction.
When the defendant in a criminal trial is found not guilty of a crime and is therefore allowed to walk free
from court.
Acquittal
Discharge of defendant following verdict or direction of not guilty
acquit: the act of freeing a person from the charge of an offense by means of a decision, verdict or other
legal process; to discharge
Action- a civil judicial proceeding whereby one party prosecutes another for a wrong done or for protection
of a right or prevention of a wrong; requires service of process on adversary party or potentially adversary
party
Action
see CLAIM- Proceedings issued in the County or High Court. Previously know as an Action. See also Civil
case or claim
Adjourned generally or sine die- Temporary suspension of the hearing of a case by order of the Court
(maybe for a short period, e.g. to next day or sine die). See LATIN TERMS
Adjournment- the postponing of the hearing of a case until a later date.
adjudicate: to hear or try and determine judicially
Adjudication-A judgment or decision of a court, tribunal or adjudicator in alternative dispute resolution
(ADR) cases where disputes are resolved outside of the court
adversary: An opponent. The defendant is the plaintiff's adversary.
adversary system: the system of trial practice in the U.S. and some other countries in which each of the
opposing, or adversary, parties has full opportunity to present and establish its opposing contentions before
the court
Adversarial - A system which allows two or more competing sides to present and argue their case. The
argument is presented before a judge, who makes a decision based on the evidence presented.
affiant: one who swears to an affidavit; deponent
Affidavit-(see Statement) A written statement of evidence confirmed on oath or by affirmation to be true and
taken before someone who has authority to administer it
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Affirmation
Declaration by a witness who has no religious belief, or has religious beliefs that prevent him/her taking the
oath. They declare by affirmation that the evidence he/she is giving is the truth
affirm: an act of declaring something to be true under the penalty of perjury by a person who
conscientiously declines to take an oath for religious or other pertinent reasons
affirmation: A solemn and formal declaration under penalties of perjury that a statement is true, without an
oath.
allegation: the assertion, declaration, or statement of a party to an action, made in a pleading, setting out
what the party expects to prove
allege: To assert a fact in a pleading.
amend: To change.
Amendment
The process by which corrections to court documents, such as statements of case, can be made. A statement
of case can be amended at any time, before it is served or with permission of all other parties or the court,
(once served). The court may reject the amendment, even if the party concerned has permission of other
parties to the case
answer: a paper submitted by a defendant in which he/she responds to and/or denies the allegations of the
plaintiff
appeal: a proceeding to have a case examined by an appropriate higher court to see if a lower court's
decision was made correctly according to law
Appeal
Application to a higher court or other body for review of a decision taken by a lower court or tribunal. The
higher court may overturn or uphold (i.e. reject) the lower courts decision. Often, permission (leave) is
required, to for an appeal to occur.

appearance: the participation in the proceedings by a party summoned in an action, either in person or
through an attorney
appellant: the party who takes an appeal to a higher court
Appellant
A person appealing to a higher court or body against a decision made in a lower court or body

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appellee: the party against whom an appeal is taken

arbitration: the submission voluntarily or involuntarily of a disputed matter to selected persons and the
substitution of their award or decision for the judgment of a court or its confirmation by the court as a
judgment of the court
Arbitrator or Arbitration
A process in which both sides agree to use an independent arbitrator (an impartial person) who gives a
binding decision in the matter. The person making the claim (claimant) has to choose between going to
arbitration and court it is not usually possible to take a claim to court after it has been through arbitration
Arraignment- A criminal proceeding at which the defendant is officially called before a court of competent
jurisdiction, informed of the offense charged in the complaint, information, indictment, or other charging
document, and asked to enter a plea of guilty, not guilty, or as otherwise permitted by law. Depending on the
jurisdiction, arraignment may also be the proceeding at which the court determines whether to set bail for the
defendant or release the defendant on his or her own recognizance.
Arraignment- is a formal reading of a criminal charging document in the presence of the defendant to
inform the defendant of the charges against him or her. In response to arraignment, the accused is expected to
enter a plea. Acceptable pleas vary among jurisdictions, but they generally include "guilty", "not guilty", and
the peremptory pleas (or pleas in bar) setting out reasons why a trial cannot proceed. Pleas of "nolo
contendere" (no contest) and the "Alford plea" are allowed in some circumstances.
Issue / issuing
To initiate legal proceedings in pursuit of a claim
at issue: whenever the parties to a suit come to a point in the pleadings which is affirmed on one side and
denied on the other, they are said to be "at issue"
award: A decision of an Arbitrator.
Award- Result of an arbitration hearing or the amount of damages assessed by a Court
Bail
Release of a defendant from custody, until his/her next appearance in Court, subject sometimes to security
being given and/or compliance with certain conditions
Bailiff
Bailiffs and enforcement officers are people authorised to remove and sell possessions in order to pay the
money a debtor owes to a person or an organisation. They may also conduct evictions, and arrest people.
A bailiff can also serve (deliver) court documents on people
Bar
The collective term for barristers
bar: 1. Prohibit - to bar the prosecution of an action. 2. The members of the legal profession.
Bench
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A term describing a judge or group of judges sitting in court.

bench: The Judge's seat or the judge, himself/herself, (e.g., the attorney addressed the bench)
Brief
Written instructions to counsel to appear at a hearing on behalf of a party prepared by the solicitor and
setting out the facts of the case and any case law relied upon
brief: a written or printed document prepared by the lawyers on each side of a dispute and submitted to the
court in support of their arguments - a brief includes the points of law which the lawyer wished to establish,
the arguments the lawyer uses, and the legal authorities on which the lawyer rests his/her conclusions.
Case
An action, suit or claim in a court of law. It can also mean the arguments put forward by parties in a court of
law
Capital Case - A prosecution for murder in which the prosecutor asks the jury to decide if the defendant is
guilty and, if he is, whether he should be put to death. When prosecutors bring a capital case (also called a
death penalty case), they must charge one or more "special circumstances" that the jury must find to be true
in order to sentence the defendant to death. Each state (and the federal government) has its own list of special
circumstances, but common ones include multiple murders, use of a bomb, or a finding that the murder was
especially heinous, atrocious, or cruel.
certified copy: Copy of a document signed and certified as a true copy of an original by the Clerk of the
Court or other authorized persons (e.g., lawyer).
certify: to testify in writing
change of venue: the removal of a suit begun in one county or district to another county or district for trial,
though the term may also apply to the removal of a suit from one court to another court of the same county
or district
Charge
A formal accusation against a person that a criminal offence has been committed (see also Charging order)
charge to jury: in trial practice, an address delivered by the court to the jury at the close of the case
instructing the jury as to what principles of law they are to apply in reaching a decision
The Chief Justice- is the name for the presiding member of a supreme court in many countries with a justice
system based on English common law, such as the Supreme Court of Canada, the Constitutional Court of
South Africa, the Court of Final Appeal of Hong Kong, the Supreme Court of India, the Supreme Court of
Pakistan, the Supreme Court of Nepal, the Supreme Court of Ireland, the Supreme Court of New Zealand,
the High Court of Australia, the Supreme Court of the United States, and provincial or state supreme courts.
The situation is slightly different in the three legal jurisdictions within the United Kingdom. The courts of
England and Wales are headed by the Lord Chief Justice of England and Wales; in Northern Ireland's courts,
the equivalent position is the Lord Chief Justice of Northern Ireland and in Scottish courts, the equivalent is
the Lord President of the Court of Session. These three judges are not, though, part of the Supreme Court of
the United Kingdom, which operates across all three jurisdictions and is headed by the President of the
Supreme Court of the United Kingdom.
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The Chief Justice can be selected in many ways, but, in many nations, the position is given to the most senior
justice of the court, while, in the United States, it is often the President's most important political nomination,
subject to approval by the United States Senate. Although the title of this top American jurist is, by statute,
Chief Justice of the United States, the term "Chief Justice of the Supreme Court" is often used unofficially.
In some courts, the Chief Justice has a different title, e.g. President of the Supreme Court. In other courts, the
title of Chief Justice is used, but the court has a different name, e.g. the Supreme Court of Judicature in
colonial (British) Ceylon, and the Maryland Court of Appeals (in the US state of Maryland).
Chief Judge is a title that can refer to the highest-ranking judge of a court that has more than one judge. The
meaning and usage of the term vary from one court system to another. While the term "Chief Judge" is used
in some courts, other courts use terms such as "Chief Justice," "Presiding Judge," "President Judge," or
"Administrative Judge."
Circuit court is the name of court systems in several common law jurisdictions.
citation: 1) summons to appear; 2) reference to authorities in support of an argument
Claim
Proceedings issued in the County or High Court. Previously know as an Action. See also Civil case or claim
clerk's minutes: notes, which are taken by a clerk, of events that occurred in court
A closing argument, summation, or summing up is the concluding statement of each party's counsel
reiterating the important arguments for the trier of fact, often the jury, in a court case. A closing argument
occurs after the presentation of evidence. A closing argument may not contain any new information and may
only use evidence introduced at trial. It is not customary to raise objections during closing arguments, except
for egregious behavior. However, such objections, when made, can prove critical later in order to preserve
appellate issues.
Codicil
An addendum signed and executed which amends or adds something to a will
commitment: an order to commit a person to the custody of a sheriff, commissioner of corrections, or
mental health facility
Committal
i) Committal for trial: Following examination by the Magistrates of a case involving and indictable or either
way offence, the procedure of directing the case to the Crown Court to be dealt with
ii) Committal for Sentence: Where the Magistrates consider that the offence justifies a sentence greater than
they are empowered to impose they may commit the defendant to the Crown Court for sentence to be passed
by a judge
iii) Committal Order: An order of the Court committing someone to prison
iv) Committal Warrant (see WARRANT OF COMMITTAL)
Commutation of sentence involves the reduction of legal penalties, especially in terms of imprisonment.
Unlike a pardon, a commutation does not nullify the conviction and is often conditional. Clemency is a
similar term, meaning the lessening of the penalty of the crime without forgiving the crime itself. The act of
clemency is a reprieve. Today, pardons and reprieves are granted in many countries when individuals have
demonstrated that they have fulfilled their debt to society, or are otherwise deserving (in the opinion of the
pardoning official) of a pardon or reprieve.
16

Compensation
Usually a sum of money offered in recompense (to make amends) for an act, error or omission that harmed
someone. The harm suffered may have been loss, personal injury or inconvenience
compensatory damages: reimbursement for actual loss or injury, as distinguished from exemplary or
punitive damages
complaint: the initial pleading in an action formally setting forth the facts and reasons on which the demand
for relief is based
Complainant
A person who makes a complaint
Complaint
Expressing discontent for something
In legal terminology, a complaint is any formal legal document that sets out the facts and legal reasons (see:
cause of action) that the filing party or parties (the plaintiff(s)) believes are sufficient to support a claim
against the party or parties against whom the claim is brought (the defendant(s)) that entitles the plaintiff(s)
to a remedy (either money damages or injunctive relief)]). For example, the Federal Rules of Civil Procedure
(FRCP) that govern civil litigation in United States courts provide that a civil action is commenced with the
filing or service of a pleading called a complaint. Civil court rules in states that have incorporated the Federal
Rules of Civil Procedure use the same term for the same pleading.
Concurrent Sentence
A direction by a Court that a number of sentences of imprisonment should run at the same time
Consecutive Sentence
An order for a subsequent sentence of imprisonment to commence as soon as a previous sentence expires.
Can apply to more than two sentences
Contempt of Court
Disobedience or wilful disregard to the judicial process.

Conviction In civil cases, for example, failing to appear as a witness without informing the court or the party
that called you. A person found to be in civil contempt of court could be fined.
In law, a conviction is the verdict that results when a court of law finds a defendant guilty of a crime.[1] The
opposite of a conviction is an acquittal (i.e. "not guilty"). In Scotland and in the Netherlands, there can also
be a verdict of "not proven", which counts as an acquittal. There are also cases where the court orders that a
defendant not be convicted, despite being found guilty.

17

For a host of reasons, the criminal justice system is not perfect, and sometimes guilty defendants are
acquitted, while innocent people are convicted. Appeal mechanisms mitigate this problem to some extent. An
error which results in the conviction of an innocent person is known as a miscarriage of justice.

After a defendant is convicted, the court determines the appropriate sentence as a punishment. Furthermore,
the conviction may lead to results beyond the terms of the sentence itself. Such ramifications are known as
the collateral consequences of criminal charges.

A minor conviction is a warning conviction, and it does not affect the defendant but does serve as a warning.

A history of convictions are called antecedents, known colloquially as "previous" in the United Kingdom,
and "priors" in the United States and Australia. The history of convictions also shows that a minor law
conviction can be prosecuted as any individuals punishment.
Counsel
A Barrister or solicitor in legal proceedings
counsel: Lawyer or attorney.
counterclaim: 1. In civil actions, a claim brought by a defendant against the plaintiff for an unlimited
amount of money. 2. In small claims/commercial claims, a claim brought by a defendant against the plaintiff
for an amount not to exceed the maximum monetary jurisdiction allowed in the small claims/commercial
claims court.
Counterclaim
A claim made by a defendant against a claimant in an action. There is no limit imposed on a counterclaim,
but a fee is payable according to the amount counterclaimed
Cross-examination
The questioning of a witness for the other side in a case.
cross- examination: questioning by a party or his attorney of an adverse party or a witness called by an
adverse party

damages: Monetary compensation or indemnity for wrong or injury caused by the violation of a legal right.
1. Compensatory damages - Reimbursement for actual loss or injury. 2. Exemplary damages - Monetary
award by way of punishment for injury caused by aggravated circumstances or malice, in addition to
compensation for the injury. 3. Punitive damages - Monetary compensation awarded in excess of ordinary
damages, as punishment for a gross wrong.
Damages
An amount of money claimed as compensation for physical/material loss, e.g. personal injury, breach of
contract
decision: the determination reached by a court in any judicial proceeding, which is the basis of the judgment
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Decree
An order of the Court in proceedings commenced by petition
Decree Absolute
A final certificate, resulting from an application, dissolving a marriage
Decree Nisi
Order for divorce unless cause to contrary is shown within a set period
Default Judgment
May be obtained without a hearing by the claimant if the defendant fails to reply or pay within a 14 day
period after service of the claim. A claimant can apply for a default judgment if the amount claimed is
specified or for a judgment on liability if the amount claimed is unspecified.
default: a "default" in an action of law occurs when a defendant omits to plead or otherwise defend within
the time allowed, or fails to appear at the trial
defendant: the party being sued or the party accused of committing the offense charged
Defendant (civil)
The person who has a claim made against them. They can defend (dispute the claim) or admit liability, in
part or in full
Defendant (criminal)
Person standing trial or appearing for sentence

deliberation: the process by which a panel of jurors comes to a decision on a verdict

Deponent
Person giving evidence by affidavit
deponent: One who testifies under oath to the truth of facts.
Deposition
A statement of evidence written down and sworn on oath, or by affirmation
deposition: sworn testimony of a witness
direct examination: the first interrogation of a witness by the party on whose behalf the witness is called
Dismissal
To make order or decision that a claim be ceased
dismissal: termination of a proceeding for a procedurally prescribed reason
19

dismissal with prejudice: Action dismissed on the merits which prevents renewal of the same claim or
cause of action.
dismissal without prejudice: Action dismissed, not on the merits, which may be re-instituted.

Disposal
See Case disposal
Case disposal
The case is taken out of the court process (see Disposal).
dispose: the act of terminating a judicial proceeding
disposition: the result of a judicial proceeding by withdrawal, settlement, order, judgment or sentence
District Judge
A judicial officer of the Court whose duties involve hearing applications made within proceedings and final
hearings subject to any limit of jurisdiction Previously known as Registrars
District Registry
see High Court
High Court
A civil Court which consists of three divisions:i) Queen's Bench (can be known as King's Bench Division if a King is assuming the throne) - civil disputes
for recovery of money, including breach of contract, personal injuries, libel/slander;
ii) Family - concerned with matrimonial maters and proceedings relating to children, e.g. wardship;
iii) Chancery - property matters including fraud and bankruptcy
estop: to stop, bar, or impede

estoppel: a rule of law which prevents a person from alleging or denying a fact, because of his/her own
previous act
evidence: a form of proof or probative matter legally presented at the trial of an issue by the acts of the
parties and through witnesses, records, documents, concrete objects, etc., for the purpose of inducing belief
in the minds of the court or the jury
Evidence
Documentary or other material which is used to support a persons case in a court of law
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eviction, warrant of: Legal mandate authorizing an enforcement officer to remove persons and their
personal property from their premises.
execution: (1) the performance of all acts necessary to render a written instrument complete, such as signing,
sealing, acknowledging, and delivering the instruments (2) supplementary proceedings to enforce a
judgment, which, if monetary, involves a direction to the sheriff to take the necessary steps to collect the
judgment
Execution
(see taking control of goods) Seizure of debtors goods following non payment of a Court order
exhibit: a paper, document or other article produced and exhibited to a court during a trial or hearing and, on
being accepted, is marked for identification or admitted in evidence
Exhibit
Item or document referred to in an affidavit or used as evidence during a Court trial or hearing
expunge: the authorized act of physically destroying information, in files, computers or other depositories
Court fees
The County Court will charge to issue a claim in a civil case and to launch enforcement proceedings if the
defendant ignores the judgment of the court. You will also be charged if you make applications to the court
fee: a fixed charge for service rendered on behalf of court
fiduciary: a person or institution who manages money or property for another, and who must exercise a
standard of care in such management activity imposed by law or contract
finding: the court's or jury's decision on issues of fact
fine: a sum imposed as punishment for an offense
foreclosure: a legal proceeding that bars or extinguishes right
foreperson: a member of a jury, usually the first juror called and sworn, or a juror elected by fellow jurors,
who delivers the verdict to the court
The term felony, in some common law countries, means a serious crime. The word originates from English
common law (from the French medieval word flonie ), where felonies were originally crimes that
involved confiscation of a convicted person's land and goods. Other crimes were called misdemeanours.
Many common law countries have now abolished the felony/misdemeanour distinction and replaced it with
other distinctions, such as between indictable offences and summary offences. A felony is generally
considered a crime of high seriousness, while a misdemeanour is not.
21

A person convicted in a court of law of a felony crime is known as a felon. In the United States, where the
felony/misdemeanor distinction is still widely applied, the federal government defines a felony as a crime
punishable by death or imprisonment in excess of one year. If punishable by exactly one year or less, it is
classified as a misdemeanor.[1] The individual states may differ in this definition, using other categories as
seriousness or context.

Similar to felonies in some civil law countries (Italy, etc.) are delicts, whereas in others (France, Spain,
Belgium, Switzerland etc.) crimes (more serious) and delicts (dlits, less serious).
habeas corpus: "You have the body." - the name given a variety of writs whose object is to bring a person
before a court or judge - in most common usage, it is directed to the official or person detaining another,
commanding him/her to produce the body of a person detained so the court may determine if such person has
been denied his/her liberty without due process of law
hearing: a preliminary examination where evidence is taken for the purpose of determining an issue of fact
and reaching a decision on the basis of that evidence
hearsay: a type of testimony given by a witness who relates not what he/she knows personally, but what
others have told the witness, or what the witness has heard said by others; may be admissible or inadmissible
in court depending upon rules of evidence
hung jury: a jury whose members cannot reconcile their differences of opinion and thus cannot reach a
verdict
impaneling: the process by which jurors are selected and sworn to their task
Indictable Offence
A criminal offence triable only by the Crown Court. The different types of offence are classified 1, 2, 3 or 4.
Murder is a class 1 offence
injunction: a court order for a party to stop doing or to start doing a specific act
Injunction
A court order which either restrains a person from a course of action or behaviour, or which requires a person
to follow another course of action.
interpreter: a person sworn at a judicial proceeding to translate oral or written language
Judge
An officer appointed to administer the law and who has authority to hear and try cases in a court of law
Judgment
The decision or sentence issued by a court in legal proceedings
22

judgment: A determination of the rights of the parties in an action or special proceeding. A judgment shall
refer to and state the result of a verdict or decision, or recite the circumstances on which it is based
judgment roll: a record of the judgment with the supporting papers
jurisdiction: the geographical, subject matter, and monetary limitations of a court
Personal jurisdiction- Directed to a specific person to impose a personal liability on him (usually the
defendant).
Subject matter jurisdiction- Topic of consideration, thing in dispute, right claimed by one party against
another
Jurisdiction
The area and matters over which a court has legal authority
jury: a prescribed number of persons selected according to law and sworn to make findings of fact
Jury
Body of jurors sworn to reach a verdict according to the evidence in a Court
Litigant in person
A person who starts or defends a case without legal representation. Such a person is entitled to be
accompanied by another person who may advise them, but may not address the court
litigant: Party to a legal action
Litigation
Legal proceedings or court action. Litigation can be either civil or criminal proceedings.
material witness: person whose testimony on some issue has been judicially determined as relevant and
substantial
minutes: a record of court proceedings kept by noting significant events
mistrial: a trial which has been terminated and declared void prior to the reaching of verdict due to
extraordinary circumstance, serious prejudicial misconduct or hung jury - it does not result in a judgment for
any party but merely indicates a failure of trial
moot: (adj.) unsettled, undecided, not necessary to be decided
A misdemeanor (also spelled misdemeanour) is any "lesser" criminal act in some common law legal
systems. Misdemeanors are generally punished less severely than felonies, but theoretically more so than
administrative infractions (also known as minor, petty or summary offences) and regulatory offences. Many
misdemeanors are punished with monetary fines.
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Oath
To call upon God to witness that what you say at the hearing is the truth or binding. (see affirmation)
oath: a swearing to the truth of a statement which, if made by one who knows it to be false, may subject one
to a prosecution for perjury or other legal proceedings
Objection
Disagreement with an argument or set out by another at the hearing
opening statement: the first address of counsel prior to offering of evidence
overrule
overrule

verb
1.

reject or disallow by exercising one's superior authority.

"Chief Judge Moran overruled the government's objections"

reject the decision or opinion of.

"welfare staff overruled an experienced detective"
part: a court room where specified business of a court is to be conducted by a judicial officer
party: Person having a direct interest in a legal matter, transaction or proceeding.
Party / parties
People involved in court proceedings either as the defendant(s) or claimant(s)
Party and Party
Costs that one party must pay to another
Plaintiff
see CLAIMANT Claimant
The person issuing the claim. Previously known as the Plaintiff
plaintiff: the party bringing a civil action
purge: To atone for an offense, to submit to a court's mandate (i.e., to purge oneself of contempt of court)
24

Peremptory Challenge
The right to challenge a juror without assigning, or being required to assign, a reason for the
challenge.During the selection of a jury, both parties to the proceeding may challenge prospective jurors for
a lack of impartiality, known as a challenge for cause. A party may challenge an unlimited number of
prospective jurors for cause. Parties also may exercise a limited number of peremptory challenges. These
challenges permit a party to remove a prospective juror without giving a reason for the removal.
Peremptory challenges provide a more impartial and better qualified jury. Peremptory challenges allow an
attorney to reject a potential juror for real or imagined partiality that would be difficult to demonstrate under
the challenge for cause category. These challenges, however, have become more difficult to exercise because
the U.S. Supreme Court has forbidden peremptory strikes based on race or gender.
Parties do not have a federal constitutional right to exercise peremptory challenges. Peremptory challenges
are granted by statute or by case law. The number of challenges is usually determined by statute, but some
jurisdictions allow the trial court to grant additional peremptory challenges. In federal court each side is
entitled to three peremptory challenges. If more than two parties are involved in the proceeding, the court
may either grant additional challenges or restrict the parties to the minimum number of challenges.
Peremptory challenges came under legal attack in the 1980s. Critics claimed that white prosecutors used
their peremptory challenges to remove African Americans from the jury when the criminal defendant was
also African American because the prosecutors thought that the potential jurors would be sympathetic to a
member of their own race. This constituted RACIAL DISCRIMINATION and a violation of the Fourteenth
Amendment's EQUAL PROTECTION CLAUSE.
Peremptory challenge in law refers to a right in jury selection for the attorneys to reject a certain number of
potential jurors without stating a reason. Other potential jurors may be challenged for cause, i.e., by giving a
good reason why they might be unable to reach a fair verdict, but the challenge will be considered by the
presiding judge and may be denied.

A peremptory challenge can be a major part of voir dire.

The idea behind peremptory challenges is that if both parties have contributed in the configuration of the
jury, they will find its verdict more acceptable. The existence of peremptory challenges is argued to be an
important safeguard in the judicial process, allowing both the defendant and the prosecution to get rid of
potentially biased jurors. Their use allows attorneys to use their training and experience to dismiss jurors
who might say the correct thing, but might otherwise harbor prejudices that could infringe the rights of the
defendant to a fair trial.

A peremptory challenge also allows attorneys to veto a potential juror on a "hunch".

25

petit jury, also called trial jury, common jury, or traverse jury, a group chosen from the citizens of a
district to try a question of fact. Distinct from the grand jury, which formulates accusations, the petit jury
tests the accuracy of such accusations by standards of proof.

Generally, the petit jurys function is to deliberate questions of fact, with questions of law left to the trial
judge. However, the distinction often is blurred. The petit jury has less discretion than is often imagined. The
trial judge supervises it, rules on what evidence it may view and on what laws are applicable, and sometimes
directs its verdict. If the judge deems that the jury has grossly ignored the weight of the evidence, the judge
can set aside (i.e., overrule) the jurys verdict.

Although petit juries in England and the United States historically have contained 12 members, there is no
uniform number. Numerical requirements for a valid verdict vary (e.g., unanimity in most courts in the
United States, a majority in Scotland and Italy, two-thirds in Portugal), as do subject areas of operation. For
example, in the United States in some states juvenile defendants may not request a jury, and in England
juries have been eliminated from civil cases. Outside the United States the petit jury is declining. In countries
with a civil- rather than common-law tradition, the jury, where found, is used only for criminal trials.
Germany and France have a mixed tribunal of judges and jurors in criminal cases, and Japan abolished its
petit jury in 1943 after a brief experimental period for civil cases.
Preliminary hearing
A hearing in which the Judge ensures that the parties understand what they must do to comply with any
directions and offers guidance on such matters as the use of an expert witness. This hearing is before the final
hearing
pleadings: complaint or petition, answer, and reply
Pleading
Documents setting out claim/defence of parties involved in civil proceedings
A power of attorney (POA) or letter of attorney is a written authorization to represent or act on another's
behalf in private affairs, business, or some other legal matter, sometimes against the wishes of the other's.
The person authorizing the other to act is the principal, grantor, or donor (of the power). The one authorized
to act is the agent[1] or, in some common law jurisdictions, the attorney-in-fact (attorney for short).
Formerly, a power referred to an instrument under seal while a letter was an instrument under hand, but
today both are signed by the grantor, and therefore there is no difference between the two.
power of attorney: instrument authorizing one to act legally for another either generally or in a specified
matter
precedent: previously adjudged action or decision on same or similar point, serving as a rule or example for
present guidance
Precedent
The decision of a case which established principles of law that act as an authority for future cases of a similar
nature

26

In United States criminal law, probable cause (also referred to as reasonable cause) is the standard by which
an officer or agent of the law has the grounds to obtain a warrant for, or as an exception to the warrant
requirements for, making an arrest or conducting a personal or property search, etc. when criminal charges
are being considered. It is also used to refer to the standard to which a grand jury believes that a crime has
been committed. This term comes from the Fourth Amendment of the United States Constitution:

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable
searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported
by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be
seized.

"Probable" in this case may relate to actual statistical probability, or to a general standard of common
behavior and customs. The context of the word "probable" here is not exclusive to community standards and
does not predate statistics, as some have suggested.
PROBABLE CAUSE

The requirement, found in the Fourth Amendment to the Constitution, that must usually be met before police
make an arrest, conduct a search or recieve a warrant. Courts usually find probable cause when there is a
reasonable basis for believing that a crime may have been committed (for arrest) and that evidence of the
crime is present in the place to be searched (for search).
Probate
The legal recognition of the validity of a will
proceeding: the succession of events constituting the process by which judicial action is invoked and
utilized pursuant to procedure
Prosecution
The institution or conduct of criminal proceedings against a person
Prosecutor
Person who prosecutes (see PROSECUTION)
rebuttal
rebuttal

noun
1.

an instance of rebutting evidence or an accusation.

to refute or disprove, esp by offering a contrary contention or argument
27

recuse
recuse

verb
NORTH AMERICAN
1.
challenge (a judge or juror) as unqualified to perform legal duties because of a potential conflict of
interest or lack of impartiality.
"he was recused when he referred to the corporation as a bunch of villains"
o
(of a judge) excuse oneself from a case because of a potential conflict of interest or lack of
impartiality.
"it was the right of counsel to ask a judge to recuse himself from continuing to hear a case because of bias"
recuse: To disqualify oneself as a judge

relief: Legal remedy

Redirect examination is the trial process by which the party who offered the witness has a chance to explain
or otherwise qualify any damaging or accusing testimony brought out by the opponent during crossexamination. Redirect examination may question only those areas brought out on cross-examination and may
not stray beyond that boundary.

When a witness is presented for testimony in the U.S. judicial system, the order is "direct" testimony, then
the opposing attorney does "cross" and then "redirect" from the attorney first offering the witness. "Recross"
may be allowed, but usually the opposing attorney must ask for permission from the judge before proceeding
with this additional round of questioning.

sanction: a penalty or punishment provided as a means of enforcing obedience to a law, rule or code; also,
an authorization
Sanction
A penalty imposed on a person involved in a case if he or she, for example, fails to comply with directions or
refuses to consider an alternative to court. Even though a person wins a case, the judge may order them to
pay the other partys costs
seal: to close a case file from public scrutiny - in instances of youthful offenders and acquittal, sealing
orders are issued by the court to prevent the public from obtaining information on the cases
28

sequester: to separate, set apart, hold aside for safekeeping or awaiting some determination; jurors are
sequestered when not permitted to return home until the case is closed
Jury sequestration is the isolation of a jury to avoid accidental or deliberate tainting.[1] Although
sequestration is rare, publicity surrounding a trial and interested parties may interfere with juror objectivity; a
judge may order that a jury be sequestered in order to prevent others from tampering with members of the
jury through undue persuasion, threats, or bribes.
Two common definitions of a status offense or status crime are

1. A status offense is an action that is prohibited only to a certain class of people, and most often applied only
to offenses committed by minors.

2. In the United States, the term status offense refers to an offense such as a traffic violation where
motive is not a consideration in determining guilt. In the United Kingdom and Europe, this type of
status offense may be termed a regulatory offense.
statute of limitations: a statute that declares that no actions of a specified kind be commenced after a
specified period of time after the cause of action arose
Stay
A suspension of court proceedings. This remains in effect until an order has been followed. No action may be
taken in the case other than an application to have the stay lifted. A case can also be stayed when an offer of
payment is accepted or if the court feels it is necessary
stay: a stopping or suspension of procedure or execution by judicial or executive order
stipulation: an agreement by attorneys on opposite sides of a case as to any matter pertaining to the
proceedings or trial - most stipulations must be in writing
stpulation of settlement: A formal agreement between litigants and/or their attorneys resolving their
dispute.
subpoena: Legal process which commands a witness to appear and testify.
Subpoena
A summons issued to a person directing their attendance in Court to give evidence

suit: A legal action or proceeding.

29

Suit
Legal proceedings commenced by petition

summons: A form used to commence a civil action and acquire jurisdiction over a party

Summons
Order to appear or to produce evidence to a court
Summons (Jury)
Order to attend for jury service
Summons (Witness)
Order to appear as a witness at a hearing
Sustain- To affirm the validity of:
testimony: an oral declaration made by a witness or party under oath
trial: the formal examination of a legal controversy in court so as to determine the issue
Trial
A public hearing in which the evidence in a case, and the law which applies, are examined
Trial (civil)
Civil trials are generally held before one or more judges without a jury. The form and length of a civil trial
will depend on the track to which the case has been allocated
venire: technically, a writ summoning persons to court to act as jurors; popularly used as meaning the body
of names thus summoned
venue:1. Geographical place where some legal matter occurs or may be determined. 2. The geographical
area within which a court has jurisdiction. It relates only to a place or territory within which either party may
require a case to be tried. A defect in venue may be waived by the parties.
verdict: the determination of a jury on the facts
Verdict
The finding of guilty or not guilty by a jury
voir dire: a questioning of prospective jurors by the attorneys, and, on application of any party, by the judge,
to see if any of them should be disqualified or removed by challenge or examination
30

waiver: an intentional and voluntary relinquishment of some known right

warrant: a written order directing the arrest of a person issued by an authority - warrants are "issued,"
"executed" or "canceled"
witness: one who testifies to what he/she has seen, heard, or otherwise observed
writ: an order issuing from a court of justice and requiring the performance of a specified act, or giving
authority and commission to have it done
Mandamus is a judicial remedy in the form of an order from a superior court, to any government
subordinate court, corporation, or public authorityto do (or forbear from doing) some specific act which
that body is obliged under law to do (or refrain from doing)and which is in the nature of public duty, and
in certain cases one of a statutory duty. It cannot be issued to compel an authority to do something against
statutory provision. For example, it cannot be used to force a lower court to reject or authorize applications
that have been made, but if the court refuses to rule one way or the other then a mandamus can be used to
order the court to rule on the applications.

Mandamus may be a command to do an administrative action or not to take a particular action, and it is
supplemented by legal rights. In the American legal system it must be a judicially enforceable and legally
protected right before one suffering a grievance can ask for a mandamus. A person can be said to be
aggrieved only when he is denied a legal right by someone who has a legal duty to do something and
abstains from doing it.
MANDAMUS
A (writ of) mandamus is an order from a court to an inferior government official ordering the government
official to properly fulfill their official duties or correct an abuse of discretion. (See, e.g. Cheney v. United
States Dist. Court For D.C. (03-475) 542 U.S. 367 (2004) 334 F.3d 1096.)
Rules on mandamus and similar orders vary by jurisdiction. In the federal courts, these orders most
frequently appear when a party to a suit wants to appeal a judge's decision but is blocked by rules
against interlocutory appeals. Instead of appealing directly, the party simply sues the judge, seeking a
mandamus compelling the judge to correct his earlier mistake. Generally, this type of indirect appeal is only
available if the party has no alternative means of seeking review.
Civil procedure
The writ of prohibition is another extraordinary writ and is the opposite of a writ of mandamus, because it
commands a government official not to take a specified action. The most common use of the writ is by an
appellate court to a lower court, commanding the lower court to refrain from a proposed action. For example,
a trial court might grant a request by the news media to release information from a court file. A defendant
who objects to the release could petition for a writ of prohibition from the court of appeals. If the appellate
court issues the writ, the trial court may not release the information.

31