Judicial Jargon

By Owen Jones

No matter what profession you choose there are going to be words and slang that are unique to that discipline. You could be fluent in three languages but if you aren’t a doctor odds are you have no clue what a 3H enema is, and as an aspiring lawyer, neither do I. Since I am only 19 years old and my entire knowledge of terms used in the court room have come from Law & Order, I will not attempt to give my own definition of each term without checking it first. Each term does include the link of the website from which it came.

Terms: 

Arraignment: This a proceeding where the accused person in a case is brought to court to hear the charges against him or her. The defendant is also asked to enter their plea or guilty or innocent. In most cases this bail is set at this proceeding as well.

“Mr. Lectors arraignment is set for three o’clock next Thursday” 

When/why/how: This term is used very frequently in the court house. An arraignment itself is a very important step in the long process of justice, as it marks the beginning and sets the sentence for the alleged criminal.

Bail: Also known as bond, this money (and sometimes property) given to the state to assure the return of someone who is released from custody of the court.

“Mr. Lector, your bail is set for $1,000,000,000 did you really expect anything less?” 

When/why/how: Bail is first issued in the arraignment, it determines whether a person will be released from custody. Bail is a big issue and it is not uncommon for people to pay it and not return when asked.

Case File: A case file is compilation of documents, notes and evidence that all pertain to on specific legal case.

” Go get me the case file on Johnson from 2003, I think we have a copy cat.”

When/why/how: Case files are a great source of information on old cases that could have a connection to a new case. Old case files are often called upon and used as evidence or back up for new cases.

Defendant: This is the party who is denying the actions that have been alleged in a case. In criminal cases the defendant is the person who could be sentenced to jail time.

“The defendant could face life in prison, but with his lawyer, let’s get real.” 

When/why/how: In every legal case there is a defendant, whether it be a person, company, state, or even a whole country. A defendant is usually a one person, especially in criminal cases.

Deposition: This is a testimony given by a certain party to an attorney before the official trial.

“In you deposition, Mr. Tadych, you said you heard very loud screaming, is that true?” 

When/why/how: Depositions are usually used in civil cases and only used occasionally in criminal cases. They are very important as they provide detailed testimonies for trials. Depositions are used to discover new evidence and detail evidence they already had.

 

Habeas Corpus: This a command to bring someone in front of a judge or court to see if the person truly deserves to be in jail or not.

“Well, if you truly feel that way you should ask your attorney to apply for a writ of Habeas Corpus and see where it goes.”

When/why/how: Habeas Corpus is used as a tool to check the legality of a sentence. Sometimes it is used to determine custody of a child between parents. When it is used it is very important as it could determine that someone was wrongly sentenced. ]

Plaintiff: The plaintiff is the person who files suit or accuses another person in a court of law. Often times described as the victim.

“The plaintiff really doesn’t seem to stand a chance in this case, the plaintiff has a perfect alibi.”

When/why/how: Like a defendant there really isn’t a case without a plaintiff, unless you believe in victimless crimes. In order to file a suit, the plaintiff must file a complaint or make an accusation.

Plea Bargain: A plea bargain is an agreement between a defendant and a prosecutor where the defendant agrees to plea guilty in order to receive a reduced sentence.

“Just take the plea bargain Paul, you’re facing 30 years, why not make it 15?”

When/why/how: Plea bargaining is a strategy used quite often, reduces time and money spent on trials because there is no need for a trial when the defendant has already admitted his/her guilt. It is often favorable to defendants who have no chance in winning a case.

Prosecutor: A prosecutor is the attorney that represents the government in a case against a defendant.

“The prosecutor suggested only 15 years for the defendant because of there recent plea bargain.”

When/why/how: Prosecutors are appointed by governments, no matter the size, to represent them in a case. On a federal level prosecutors are appointed by the president.

Subpoena: This is an order given to an individual to appear in court to testify as a witness.

“Mary received a subpoena to testify against Mr. Lowman next week.” 

When/why/how: Subpoenas are given frequently to let people know they are needed in court to testify as a witness. Contrary to popular belief a subpoena does not mean you have done anything wrong, it just means you have information that could be helpful to the courts.

Additional sources:

• http://www.jud.ct.gov/legalterms.htm