The Law Dictionary for Everyone
The Federal Rules of Civil Procedure (FRCP) is a set of rules laying out the specific procedures to be followed for civil lawsuits within the United States federal court system. The specific rules under the FRCP are established and modified by the U.S. Supreme Court, and approved by Congress. The Federal Rules of Civil Procedure are found in title 28 […]
Read moreMost trials begin with an attorney for each side making statements directly to the jury, or judge in a bench trial, explaining what each intends to prove during the trial proceedings. The trial then ends with the attorneys addressing the judge or jury in a “closing argument,” which has the larger goal of swaying the jury to their side. Trials […]
Read moreGeneral Jurisdiction refers to a court that holds the authority to hear all types of cases except those prohibited by the laws in that state. Case types include civil, criminal, family, probate, and others. While each state has a system that establishes trial courts of general jurisdiction, federal courts do not have general jurisdiction, as they are limited to hearing […]
Read moreA Writ of Certiorari orders a lower court to forward all documents in a case it has heard to the higher court for review. While this is most commonly used by the U.S. Supreme Court, other courts, such as the U.S. Court of Appeals, state supreme courts, and state courts of appeal, may issue such a writ. The U.S. Supreme […]
Read moreIssued by a Grand Jury, an indictment is a formal written charge of a crime, informing the accused individual of the charge against him. In most cases, the issuance of an indictment marks the beginning of the trial process. The indictment contains a brief statement of where and when the crime took place, as well as how the accused allegedly […]
Read moreArticle IV, Section 1 of the U.S. Constitution, known as the “Full Faith and Credit Clause,” requires each state to recognize the laws, judicial decisions, and public records of the other states. This section helps ensure that court decisions made in one state will be recognized and honored in every other state. One purpose for this is that it prevents […]
Read morePlaintiff is the term used to describe a party who initiates a court action, whether a lawsuit in civil court, or charges in criminal court, in order to seek a legal remedy. The party responding to the lawsuit, or the person being charged with a crime, is known as the Defendant. In criminal court proceedings, the plaintiff can refer to […]
Read moreA directed verdict occurs in a jury trial when the presiding judge orders the jury to return a specific verdict. This typically takes place when the judge learns that no reasonable jury could reach any other decision. After the directed verdict is ordered, the jury no longer has to decide the case, and is dismissed. A directed verdict may be […]
Read moreA defendant is a person or entity that is facing a civil lawsuit, or that has been accused of a crime. The word “defendant” is often used interchangeably with other terms including “accused” or “respondent.” A criminal defendant has been charged with committing a crime, and is often placed in jail until bail is posted or the resolution of a […]
Read moreSince colonial times, America has embraced the custom of the grand jury in criminal law. This panel of 12 to 23 ordinary citizens reviews evidence, hears sworn testimony, and otherwise conducts an investigation into alleged criminal conduct, to determine whether criminal charges should be brought against the accused. This method of establishing “probable cause” to charge a person with a […]
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