Glossary

1. Historically, the partition separating the general public from the space occupied by the judges, lawyers, and other participants in a trial.
2. More commonly, the term means the whole body of lawyers.

A state examination taken by prospective lawyers in order to be admitted and licensed to practice law.

A beating, or wrongful physical violence. It is often coupled with "assault" (which does not require actual touching) in "assault and battery."

The seat occupied by the judge. More broadly, the court itself.

Trial without a jury in which a judge decides the facts.

Warrant of arrest ordered and signed by a judge (statewide warrant).

Someone named to receive property or benefits in a will, trust, estate or insurance policy.

To give a gift to someone through a will.

Gifts made in a will.

Primary evidence; the best evidence available. Evidence short of this is "secondary." That is, an original letter is "best evidence," and a photocopy is "secondary evidence."

Part of jury instructions in all criminal trials, in which the jurors are told that they can only find the defendant guilty if they are convinced "beyond a reason- able doubt" of his or her guilt.

A statement of the details of the charge made against the defendant.

To hold a person for trial on bond (bail) or in jail. If the judicial official conducting a hearing finds probable cause to believe the accused committed a crime, the official will bind over the accused, normally by setting bail for the accused's appearance at trial.

The bond set by the court during the appeal procedure and posted with the Clerk of Court.

A certificate posted by a bonding company to the sheriff for release of the defendant.

Cash or surety to be posted for release on bail.

The process of photographing, fingerprinting and recording identifying data of a suspect. This process follows the arrest.

A written statement prepared by one side in a lawsuit to explain to the court its view of the facts of a case and the applicable law.

In the law of evidence, the necessity or duty of affirmatively providing a fact or facts in dispute on an issue raised between the parties in a lawsuit. The responsibility of proving a point or points; standard of proof indicades the degree to which the point must be proven. For example, in a ciril case the burden of proof rests with the plaintiff, who must establish his/her case by such standards of proof as a preponderance of evidence or clear and convincing evidence.

Motion to dismiss on grounds that there is no prima facie case of guilty (FRCP 3.190(C)(4)