Legal Glossary

To advise or caution. For example a judge or magistrate judge may caution or admonish counsel for wrong practices.

The trial method used in the US and some other countries. This system is based on the belief that truth can best be determined by giving opposing parties full opportunity to present and establish their evidence, and to test by cross-examination the evidence presented by the opposing party. All this is done under the established rules of procedure before an impartial judge and/or jury.

A person who makes and signs an 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. For example, in criminal cases, affidavits are often used by police officers seeking to convince a judge or magistrate judge to issue a warrant to make an arrest or a search. In civil cases, affidavits of witnesses are often used to support motions for summary judgment.

Circumstances raised by the defendant that will defeat the plaintiff’s or prosecutor’s claim(s), even if the claims are true. For example: insanity, self-defense, or entrapment.

In the practice of appellate courts, the word means that the decision of the trial court was correct.

To actively, knowingly or intentionally assist another person in the commission or attempted commission of a crime.

A statement of the issues in a written document (a pleading) that a person is prepared to prove in court. For example, an indictment contains allegations of crimes against the defendant.

Settling a dispute without a full, formal trial. Methods include mediation, conciliation, and settlement, among others.

A friend of the court. A person, who is not a party to a case, that volunteers to offer information on a point of law or some other aspect of the case to assist the court in deciding a matter before it.