APPENDIX B: Glossary of Common Legal Terms

Acquit--to find not guilty

Adjudication--pronouncement of judgment, especially used in juvenile proceedings

Affidavit--a written statement sworn or declared to be true and correct

Affirm--to approve, agree or uphold; a case on appeal that is affirmed is one where the result is not changed from the trial court decision

Affirmative Defense--such as insanity or intoxication, asserted by a criminal defendant to excuse actions legally; when asserted by a civil defendant, it amounts to a counterclaim against the original petition; the party who raises an affirmative defense must present evidence to support it

Answer--the responsive pleading filed by a defendant to the allegations of a petition

Appeal--the procedure by which a party seeks to reverse or modify a decision of a lower court

Appearance--the document filed by which a party or attorney submits to the formal jurisdiction of a court

Appellant--the party appealing a decision of a lower court

Appellate Court--the court with jurisdiction to review and modify decisions and judgments of a lower, trial court

Appellee--the other party in an appeal; the party against whom the appellant appeals a lower court decision

Arraign--to bring a person charged with a crime to court to answer the charge made against him or her; an arraignment is the defendant's initial court appearance

Bail/Bond--to set free a person arrested or imprisoned on certain conditions to ensure he or she will appear for further court proceedings; the conditions may include posting of a monetary bail bond, reporting to a pre-trial release officer, prohibiting the defendant from leaving the county or state, or other similar conditions.

Beyond a Reasonable Doubt--the standard by which the prosecution in a criminal case must prove its allegations against a defendant

Brief--written document prepared by counsel setting forth facts and law in support of a party's position on an issue before the court

Burden of Proof--the standard which must be shown by the person bringing a legal action; the burden of proof in a civil case (preponderance of the evidence) is different from that in a criminal case (beyond a reasonable doubt)

Caption--the heading on court documents which shows the name of the case, including the names of the parties, jurisdiction of the court, and the case number

Caselaw--type of law whose principles are derived from prior appeals court decisions; in contrast to statutory law, the laws enacted by Congress or state legislatures

Change of Venue--moving trial of a case from one county to another, typically in order to preserve the parties' right to a fair trial

Comparative Negligence--doctrine used in civil cases where damages are computed based on the percentage of negligence of each party involved

Compensatory Damages--damages awarded to an injured party in a civil suit to make up for or compensate only for the injury sustained

Concurrent Sentence--when a defendant, who is convicted of more than one crime, has his or her sentences served together (at the same time), rather than one after another

Consecutive Sentence--when a defendant, who is convicted of more than one crime, must serve his or her sentences one after another; the opposite of concurrent sentence

Contributory Negligence--an act or omission by the plaintiff amounting to a failure to use the normal degree of care under a set of circumstances which, in combination with a defendant's negligence, is the direct cause of the plaintiff's injury; contributing to the injury.

Convict--to find one guilty of a criminal offense

Court Reporter--a trained stenographer who keeps a verbatim record of court proceedings and prepares the transcript of the proceedings as needed for verification or appeal purposes

Damages--monetary compensation recovered in court by a party who suffered a loss or injury through the unlawful or negligent acts of another

Decree--decision or order of the court in non-jury cases

Default--occurs when a defendant fails to appear or plead within the time allowed after a petition has been filed in a civil case

Defendant--the party against whom a civil or criminal action is brought

Deferred Judgment--when a conviction is not entered of record pending successful completion of a period of probation; after which, the guilty plea or verdict will not appear on the defendant's permanent criminal record

Deferred Sentence--when a conviction is entered of record, but the court delays handing down a sentence until certain conditions (completion of counseling, for example) are met

Deposition--sworn testimony of a witness taken outside of court and transcribed by a court reporter

Directed Verdict--issued by a judge because the party with the burden of proof has not produced sufficient evidence to prove its case; results in dismissal of the case against the defendant

Disbarment--when a lawyer's license to practice is revoked by the Iowa Supreme Court due to misconduct or violation of ethical rules

Discovery--various procedures which enable the parties to an action to learn the factual details of the other side's case; includes written interrogatories, depositions, production of documents, and the like

Dissent--term commonly used to denote the disagreement of one or more justices of an appeals court with the majority decision; may or may not include a full opinion

Dissolution of Marriage--term for divorce in Iowa

Double Jeopardy--the Constitutional prohibition against more than one prosecution against the same person for the same offense

Due Process--the Constitutional guarantee that each person shall receive the protection of a fair legal procedure and trial; law in its regular course of administration through the courts of justice

Easement--the right of a person to use the land of another, or a portion of the land, for a special purpose, such as for a roadway, utility line, and the like; normally acquired by purchase but can be acquired by eminent domain

Eminent Domain--the power of the government to take private property for public use; condemnation

En Banc--all the justices of an appeals court hearing a case together, as opposed to a smaller panel of justices

Equity--legal remedies based on a system of fairness and natural right, rather than statutes

Evidence--anything used to prove fact or disprove alleged fact; direct evidence is proof by witnesses who saw acts done or heard words spoken, while circumstantial evidence is indirect proof or facts

Examination--questioning of a witness during trial; direct examination is by the party who called the witness, while cross examination is by the opposing party

Exclusionary Rule--rule prohibiting the use of illegally obtained evidence in criminal prosecutions

Exhibit--paper, document, or item admitted into evidence and shown to a court or jury during trial or hearing

Extradition--the removal or return by one state to another of an individual accused or convicted of an offense in the other state

Felony--crime of more serious nature than misdemeanor; there are four classes of felonies in Iowa (see Chapter 2)

Gag Order--court order imposing a prior restraint on publication by the media; limits the information the media may print about matters

Garnishment--a proceeding whereby property, money or credits of a debtor that are being held by another, third party may be seized and applied to the debts of the debtor; garnishment of a debtor's wages that are held by the employer, for example.

Grand Jury--panel of citizens who meet in secret and after reviewing evidence submitted by prosecutors, determine if charges should be filed against individuals

Guardian ad Litem--attorney appointed by the court during a pending case to represent the interests of a child or a party judged to be incompetent

Habeas Corpus--the name given a variety of orders (writs) whose object is to bring a person before a court or judge; literally "you have the body"

Harmless Error--in an appellate decision, a holding that there was an error committed during the trial court case, but that the error was not so significant as to influence or affect the outcome of the case

Hearsay--evidence not allowed in court because it is beyond the scope of personal knowledge of the witness who is testifying; information not directly known by the person who is testifying

Hostile Witness--a witness subject to cross-examination by the party that called him or her to testify because of hostility or antagonism shown by the witness during direct examination

Hung Jury--one which cannot reach a final verdict; stalemate

In Camera--privately, in the judge's chambers

Indemnification--where one person agrees to hold another person harmless from loss or payment of an obligation

Indeterminate Sentence--the type of prison sentence in Iowa; the judge sentences an individual to an indeterminate term not to exceed a maximum amount, with the actual time served to be determined by prison and parole board officials

Indictment--written accusation presented by a grand jury accusing an individual of a crime; pronounced in-DITE-mint

Information--document filed by prosecutors formally charging a person with a crime

Injunction--an order, or writ, issued by a court directing a person to do something or prohibiting them from doing something

Instructions--statements of what the law is, given by the judge to jurors before they begin their deliberations

Interrogatories--written questions submitted by one party to the other, to be answered in writing under oath

Intervention--a proceeding in a suit or action by which a third party is allowed by the court to become a party to the suit

Jail--administered by counties; a prisoner can only be sentenced to a county jail for terms of one year or less

Judgment--the decision of a court determining the outcome of issues in a lawsuit

Jury--the panel of citizens selected to decide the merits of a case

Lien--an encumbrance on property imposed to secure the payment of a debt or judgment obligation

Litigant--one involved in a lawsuit

Malpractice--lawsuit brought against a professional (e.g., doctor, lawyer) for loss caused by the professional's failure to meet the standards of practice for that profession

Miranda Warning--the statement of legal rights which must be given to a person under arrest or suspected of a crime and in custody before law enforcement may interrogate the person

Misdemeanor--crime of less serious nature than felony; there are three classes of misdemeanors in Iowa (see Chapter 2)

Mistrial--trial terminated before its normal conclusion due to an extraordinary event or prejudicial error

Mitigating Circumstance--a situation that while it does not justify or excuse an action, may be considered as reducing the degree of liability or culpability

Moot--unsettled or undecided; a moot issue is one where it is no longer necessary for a court to make a judgment on the issue due to the occurrence of other things; too late to matter; pronounced MOOt, not MEWt

Negligence--the failure to do something which a reasonable person would have done under similar circumstances

Next Friend--one acting for the benefit of an infant or other person without being appointed as guardian

Nolo Contendere (No Contest)--a plea to a criminal case, rather than guilty or not guilty, indicating that the defendant will not challenge or contest the charges; same effect as a guilty plea, without the actual admission of guilt

Nunc Pro Tunc Order--a corrective order, to remedy a minor omission or error, or clarify a point, contained in a prior court order

Objection--the act of taking exception to a statement or procedure during trial for the purpose of calling the court's attention to improper evidence or practice

Of Counsel--a phrase describing lawyers who are not the principal attorney of record in a case but who are assisting; also describing lawyers who contract with law firms independently, rather than being partners or associates (employees) of a firm

Ordinance--statute enacted by the legislative body of a county or city

Parole--conditional release, usually under supervision of a parole officer, of a prisoner who has served part of a prison sentence

Personal Recognizance--type of bail bond consisting of a written promise to appear in court when required, without the posting of cash bond or security

Petitioner--the party who files a petition for dissolution of marriage

Plaintiff--party bringing the lawsuit; in a criminal case, the municipality or the State of Iowa

Pleading--the general term for documents filed in a lawsuit (original petition, answer, request for documents, etc.)

Preliminary Hearing--held by a judge to determine if there is enough evidence to force a person to stand trial for criminal charges

Preponderance of Evidence--the standard by which the plaintiff in a civil case must prove its allegations against a defendant; essentially means that there is a greater likelihood of the allegations being true than not

Pre-Sentence Investigation--report prepared by the Department of Correctional Services and reviewed by the judge at the time of sentencing which documents the defendant's history and often recommends the sentence a criminal defendant should receive; the report is a confidential record, and even the defendant cannot keep a copy following sentencing

Presumption of Innocence--the principle that every defendant enjoys, a presumption of innocence until such time as the prosecution meets its burden of proof against that defendant

Pre-trial Release--a condition of release pending trial; in addition to posting of a bond (either monetary or personal recognizance), the defendant may be placed under the limited supervision of the local Department of Correctional Services to ensure attendance at trial

Prison--administered by the state; a prisoner can only be sentenced to a state prison for terms of more than one year

Probation--when a sentence imposed against a criminal defendant is suspended and the person is allowed to remain in the community rather than be incarcerated; typically supervised by a probation officer, the person must meet certain conditions in order to remain in the community

Public Defender--a lawyer employed by the State of Iowa to serve as defense counsel for indigent defendants; private attorneys are also often appointed by the court to represent indigent defendants at State expense, subject to later repayment by indigent defendants who are found guilty or plead guilty to criminal offenses

Quash--to avoid, vacate, or annul a summons or order

Reasonable Doubt--the state of mind of jurors in a criminal case in which they are not firmly convinced of the truth of the charges or the case brought by the prosecution against the defendant

Rebuttal--introduction of evidence at the end of a trial to contradict (or rebut) prior evidence or testimony

Replevin--an action to recover possession of personal property from a person who has wrongly taken and refused to return the property

Respondent--the party against whom a petition in equity, such as a petition for dissolution of marriage, is filed

Search Warrant--written order signed by a judge which directs law enforcement officers to search a particular place and seize particular property which is stolen, illegal to possess, or constitutes evidence of a crime

Self-Defense--an affirmative defense in a criminal case, also known as justification; the act of protection of one's person or property done in reasonable belief of immediate danger from another

Sentence--the punishment in a criminal case following a verdict or plea of guilty

Sequestration--the process of confining the jury, not permitting its members to return home or separate, during the course of trial until a verdict is reached

Shock Sentence (Shock Probation)--when the court allows a defendant sent to prison to be released after only 90 days; designed to give a defendant a taste of serious punishment and "shock" them into law-abiding behavior without completion of a full prison sentence

Statute--law passed by the Iowa legislature or U.S. Congress, as opposed to caselaw as developed by courts; similar to city or county ordinances

Statute of Limitations--the time limit within which a civil or criminal action must be brought after its cause arises

Stay--the stopping of a judicial action or proceeding by order of a court

Stipulation--an agreement by counsel about sets of facts or evidence pertaining to a pending matter

Subpoena--document which commands a person to appear before a court or judicial entity; a subpoena duces tecum commands a person to appear and bring with them specified documents

Suppression Hearing--hearing held on defendant's motion to have certain evidence kept out of trial, due to its allegedly being obtained in violation of law or the defendant's Constitutional rights

Suspended Sentence--when the court places a convicted person on probation, rather than sending him or her to jail or prison

Testimony--evidence given by a witness under oath

Tort--a civil injury or wrong committed to the person or property of another

Transcript--the official record of proceedings in a trial or hearing

Undue Influence--something that destroys free will and causes a person to do something he or she would not do if left to himself or herself

Verdict--final decision or finding of a jury

Voir Dire--the preliminary questioning of prospective jurors before trial to aid in selecting a fair and impartial jury; pronounced vo-are dear

Warrant--an order or writ issued by a judicial officer, typically designed to arrest an individual on pending charges or search a person or place

With Prejudice/Without Prejudice--used when referring to a judgment of dismissal; dismissal with prejudice means the action cannot be refiled and is a final judgment, while dismissal without prejudice means a new suit can be brought on the same cause of action at a later time