Verdict: A formal decision or decision of a jury appointed and sworn to hear a case and report back to court. Once the verdict is announced, the jury is returned to the courtroom. The verdict must be in writing, signed by the presiding presiding or jury, and read to the jury by the clerk or judge. Kangaroo court – a term that describes a mock procedure in which a person`s rights are completely ignored and in which the outcome is won in advance due to the bias of the court or another tribunal. tort – A civil injustice or breach of duty to another person, as determined by law. A very common crime is the negligent operation of a motor vehicle, which results in property damage and bodily injury in a car accident. Challenge – A term used in a jury trial to try to exclude a potential juror. Suspended jury – The jury cannot render a verdict. A trial that ends with a suspended jury leads to a new trial with a new jury. Guarantee – A legal promise that certain facts are true.
A group of people chosen to hear evidence in a trial and pass judgment on the facts. See also Grand Jury. Unbiased: Without bias, prejudice or other prejudice. Jury members should not have an opinion on a case at the beginning of the proceedings or have a personal interest in a case and should base their verdict only on competent legal evidence presented during the trial. Subpoena: Documents sent to potential jurors who require their presence in court for possible jury service. California courts do not summon jurors to the courthouse more than once in a specified 12-month period. Motion in Limine – A motion made without the presence of a jury asking the court not to admit certain evidence that could affect the jury. Usually heard before the process begins.
Exclusionary rule – The rule that prevents illegally obtained evidence, such as property found during an illegal search, from being used in legal proceedings. Comfort letter – A legal document issued by a court showing a director`s legal right to take control of assets on behalf of the deceased. Used when the deceased died without a will. Ex parte proceedings – Legal proceedings in which only one party is present or represented. It is different from the opposing system or procedure and is lawful only in certain circumstances. For example, a hearing for an injunction. A jury or judge decision that determines the guilt or innocence of a defendant or determines the final outcome of a civil proceeding. Affidavit of Bankruptcy – A detailed form signed under oath by the defendant certifying his need (inability to pay a private lawyer). The glossary of legal terms defines more than 100 of the most common legal terms in easy-to-understand language. The terms are listed in alphabetical order and can best be accessed by selecting a letter here: instructions from a judge to the jury before it begins deliberations on the substantive issues it must answer and the legislation it must apply. Misdemeanor – An offence or harm committed against someone else`s person or property.
A tort is a violation of a person`s rights, but is not based on a contract. The most common tort action is a claim for bodily injury and/or property damage suffered in a car accident. A jury verdict that a criminal accused is not guilty, or a judge`s conclusion that there is insufficient evidence to support a conviction. Indictment – The written indictment of a grand jury that charges a person named in the indictment with breaking the law. Charges are used for felonies, not misdemeanors. Without fraud, the jury`s verdict is final. The deliberations of juries are neither reviewed nor their verdict overturned. This applies even if there is a suspicion that the jury will be voided; that is, even if there is a suspicion that the jury intentionally rejected the judge`s instructions or the evidence presented. Capital Crime – A crime that can be punishable by death.
Legend – The title of a legal document that lists the parties, the court, the case number and related information. Jury pool – The group of people from which the actual jury is selected. The jury pool is randomly selected from a source such as voter registration banks. Lawyers in the case select actual jurors from the jury pool in a process called voir dire. Factual lawyer – A private person (who is not necessarily a lawyer) who has been authorized by another person to act on their behalf, either for a particular purpose or for a specific act; or for the conduct of transactions in general, not of a legal nature. This power of attorney is conferred by a written document called a power of attorney or, more commonly, power of attorney. Contract – An agreement between two or more people that creates an obligation to do or not do a particular thing. A contract must have promised or given something of value, and a reasonable agreement between the parties on what the contract means. The parties must be legally able to conclude binding agreements.
Lawyer – A licensed lawyer or legal advisor authorized by the courts to prepare, administer and negotiate court cases, prepare legal documents or otherwise represent the interests of citizens. Source List: The list or lists from which citizens are selected to receive a subpoena to appear before a jury in California. Potential jurors are randomly selected from the voter registration list and the Bureau of Motor Vehicles` driver and identification lists. Other lists can sometimes be used to supplement them, such as utility lists, franchise tax board filings, and EDD records. Verdict – The results of a judge or jury at the end of the trial. Panel – (1) On appeal, a panel of judges (usually three) to decide the case; (2) In the jury selection process, the pool of potential jurors. Non-jury trial – A case heard by a judge based on the facts and the law. Admissible evidence – evidence that can be lawfully and duly introduced in civil or criminal proceedings. Comparative negligence – A legal doctrine in New Mexico that compares the actions of opposing parties in a tort case to determine each party`s liability, with each party liable only for its percentage of fault. See also contributory negligence.
Unanimity: When the entire jury in a criminal case or three-quarters of the jury in a civil case have agreed on a verdict. n. one of the remarkable innovations of English common law (used by the Angles and Saxons, but also in Normandy before the Norman conquest in 1066), it is a group of citizens called upon to hear a trial or trial, to decide factual questions of guilt or innocence, or to determine the winning party in a trial and the amount to be paid, if something, from the loser. After selection, the jury takes an oath to make an honest and fair decision. Questions of law are decided by the presiding judge, who explains these issues to the jury in “jury instructions”. The usual number of jurors is 12 (thousand years), but some states allow a smaller number (six or eight) if the parties agree. For an applicant (the applicant) to win a jury case, three-quarters of the jury must approve the application. Guilt or innocence in a criminal case requires a unanimous jury decision, unless two states (Oregon and Louisiana) allow a conviction by 10 out of 12 jurors. Juries have changed significantly in recent decades, as the term “impartial jury” in the Fifth Amendment of the Constitution requires that the jury panel include all races, ethnicities, and women, as well as men as a percentage of the general population.
Any failure to strike this balance, or any systematic challenge to those of the same ethnicity as the accused, may lead to an appeal that the jury was not fair in popular jargon, not “a jury of peers.” This does not mean that a Samoan should be judged by other Samoans, but it does mean that potential judges should come from a balanced group. Jury members must be free of bias, have no specific knowledge of the case, and have no affiliation with any of the parties or witnesses. Questions are asked by the judge and lawyers (called “voir dire”) during jury selection to eliminate questions they can challenge on these grounds (challenge for cause). Some potential jurors are challenged (a compelling challenge) because counsel for either party believes there is a hidden bias. In well-funded cases, this has resulted in the hiring of jury “specialists” and psychologists by lawyers to help select jurors. In a high-profile criminal case where the jury could be influenced by public commentary or media coverage during the trial, the court may order that the jury be seized (in a hotel away from family, friends, radio, television and newspapers). Acquittal, acquittal – A finding of not guilty by a judge or jury. Pre-trial conference – A meeting of the judge and lawyers to discuss issues that should be submitted to the jury, to review the evidence and witnesses, to establish a schedule, and to discuss the resolution of the case. Law Enforcement/Prosecutor`s Office: A prosecution is a criminal proceeding or prosecution brought by the state (or “the people”) against an individual or group. A prosecutor is the attorney who represents the state and people of California.
Please note that this glossary is updated regularly, but may not include all the words you will encounter during your jury work. If you are unsure of the meaning of a particular word, term, phrase or concept, you should speak to the judge or, if you have not yet been assigned to a particular case, to court staff at the courthouse.
