leading the witness :: n. asking a question during a trial or deposition ... n hostile witness leading objection
deposition :: n. the taking and recording of testimony of a witn ... See also: deponent depose discovery
cross-examination :: n. the opportunity for the attorney (or an unrepre ... examination testimony trial witness
expert testimony :: n. opinions stated during trial or deposition (tes ... inal case. See also: expert witness
expert witness :: n. a person who is a specialist in a subject, ofte ... sitions. See also: expert testimony
witness :: 1) n. a person who testifies under oath in a trial ... lso: deposition evidence trial will
witness stand :: n. a chair at the end of the judge's bench on the ... estimony clearly. See also: witness
testimony :: n. oral evidence given under oath by a witness in ... tion evidence testify trial witness
character witness :: n. a person who testifies in a trial on behalf of ... ases and civil cases such as fraud.
adverse witness :: n. a witness in a trial who is found by the judge ... r the opposition. See also: witness
direct examination :: n. the first questioning of a witness during a tri ... nation deposition testimony witness
hostile witness :: n. technically an "adverse witness" in a trial who ... so: adverse witness leading witness
leading question :: n. a question asked of a witness by an attorney du ... e also: cross-examination objection
credible witness :: n. a witness whose testimony is more than likely t ... ther factors. See also: credibility
rogatory letters :: n. a written request by a judge to a judge in anot ... also: deposition testimony witness
approach the witness :: v. a request by an attorney to the judge for permi ... t, and it is almost always granted.
process :: n. in law, the legal means by which a person is re ... service of process subpena summons
material witness :: n. a person who apparently has information about t ... e. See also: material trial witness
testify :: v. to give oral evidence under oath in answer to q ... deposition evidence testimony trial
oath :: n. 1) a swearing to tell the truth, the whole trut ... ountry. See also: affidavit perjury
forensic testimony :: n. any testimony of expert scientific, engineering ... ee also: forensic forensic medicine
subpena :: (subpoena): (suh-pea-nah) n. an order of the court ... ubpena duces tecum subpoena witness
impeach :: v. 1) to discredit the testimony of a witness by p ... ve been found guilty by the Senate.
hearsay rule :: n. the basic rule that testimony or documents whic ... interest dying declaration hearsay
evidence :: n. every type of proof legally presented at trial ... material object objection relevant
depose :: v. 1) to ask questions of a witness or a party to ... tion. See also: deponent deposition
leading :: 1) v. short for "leading the witness," in which th ... tness leading the witness objection
examination :: n. 1) the questioning of a witness by an attorney. ... irect examination testimony witness
motion for a summary judgment :: n. a written request for a judgment in the moving ... strict procedures. See also: motion
refresh one's memory :: v. to use a document, exhibit or previous testimon ... it is genuine). See also: testimony
self-incrimination :: n. making statements or producing evidence which t ... nda warning rights taking the Fifth
documentary evidence :: n. any document (paper) which is presented and all ... evancy. See also: document evidence
credibility :: n. whether testimony is worthy of belief, based on ... jective. See also: credible witness
confidential communication :: n. certain written communications which can be kep ... privilege privileged communication
hearsay :: n. 1) second-hand evidence in which the witness is ... t or gossip. See also: hearsay rule
lay a foundation :: v. in evidence, to provide to the judge the qualif ... ce and training. See also: evidence
objection :: n. a lawyer's protest about the legal propriety of ... ng question object overrule sustain
indictment :: n. a charge of a felony (serious crime) voted by a ... ictable offense preliminary hearing
eyewitness :: n. a person who has actually seen an event and can ... event and can so testify in court.
preponderance of the evidence :: n. the greater weight of the evidence required in ... what subjective. See also: evidence
sequester :: v. to keep separate or apart. In so-called "high-p ... of others. See also: sequestration
compound question :: n. the combination of more than one question into ... rate questions. See also: objection
corroborate :: v. to confirm and sometimes add substantiating (re ... l. See also: corroborating evidence
perjury :: n. the crime of intentionally lying after being du ... ly made a mistake or misunderstood.
strike :: 1) v. to remove a statement from the record of the ... ing the business, factory or store.
sanction :: n. 1) a financial penalty imposed by a judge on a ... ction." See also: contempt of court
discovery :: n. the entire efforts of a party to a lawsuit and ... ee also: deposition interrogatories
taking the Fifth :: n. the refusal to testify on the ground that the t ... ifth." See also: self-incrimination
transcript :: n. the written record of all proceedings, includin ... unless transcription is requested.
hit and run :: n. the crime of a driver of a vehicle who is invol ... , and then walks back to the scene.
lineup :: n. a law enforcement method used in an attempt to ... entification is precarious at best.
mental anguish :: n. mental suffering which includes fright, feeling ... See also: damages mental suffering
contempt of court :: n. there are essentially two types of contempt: a) ... roduce evidence. See also: sanction
litigant :: n. any party to a lawsuit. This means plaintiff, d ... ant, but not a witness or attorney.
forum non conveniens :: (for-uhm nahn cahn-vee-nee-ehns) n. Latin for a fo ... most convenient location for trial.
impeachment :: n. 1) discrediting a witness by showing that he/sh ... the trial itself. See also: impeach
mark :: n. an "X" made by a person who is illiterate or to ... make the will valid. See also: will
holographic will :: n. a will entirely handwritten, dated and signed b ... lost in the desert. See also: will
minutes :: n. 1) the written record of meetings, particularly ... court reporter if recorded at all.
interest :: n. 1) any and all, partial or total right to prope ... nal property real property standing
confrontation :: n. 1) fight or argument. 2) the right of a crimina ... s. See also: Bill of Rights witness
codicil :: n. a written amendment to a person's will, which m ... the writer. See also: probate will
interrogation :: n. questioning of a suspect or witness by law enfo ... the poisonous tree Miranda warning
constitutional rights :: n. rights given or reserved to the people by the U ... e also: Bill of Rights constitution
lie detector test :: n. a popular name for a polygraph which tests the ... be referred to. See also: polygraph
laches :: n. the legal doctrine that a legal right or claim ... , breach of contract, fraud, etc.).
jury :: n. one of the remarkable innovations of the Englis ... hallenge sequester venire voir dire
innocent :: adj. without guilt (not guilty). Usually the plea ... also: arraignment plea plea bargain
sequestration :: n. the act of a judge issuing an order that a jury ... during trial). See also: sequester
sustain :: v. in trial practice, for a judge to agree that an ... /she will "overrule" the objection.
swear :: v. 1) to declare under oath that one will tell the ... ee also: notary public oath perjury
summons :: n. a document issued by the court at the time a la ... use service service of process writ
subpena duces tecum :: : (suh-pea-nah dooh-chess-take-uhm or dooh-kess-ta ... ng a court order. See also: witness
sign :: v. 1) to write one's signature on a document, incl ... language. See also: mark subscribe
subornation of perjury :: n. the crime of encouraging, inducing or assisting ... itness's perjury. See also: perjury
testamentary capacity :: n. having the mental competency to execute a will ... lso: competent undue influence will
ultimate fact :: n. in a trial, a conclusion of fact which is logic ... is not evidence. See also: evidence
will contest :: n. a lawsuit challenging the validity of a will an ... so: in terrorem clause probate will
work product :: n. the writings, notes, memoranda, reports on conv ... ies to be employed by the attorney.
will :: n. a written document which leaves the estate of t ... will and testament probate testator
voir dire :: (vwahr [with a near-silent "r"] deer) n. from Fren ... t witness jury peremptory challenge
venue :: n. 1) the proper or most convenient location for t ... ion. See also: forum non conveniens
sidebar :: n. 1) physically, an area in front of or next to t ... See also: approach the bench bench
shortening time :: n. an order of the court in response to the motion ... e notice is served within 24 hours.
overrule :: v. 1) to reject an attorney's objection to a quest ... : appellate court objection sustain
privilege against self incrimina-tion :: n. a right to refuse to testify against oneself in ... so: Bill of Rights taking the Fifth
on the stand :: prep. testifying during a trial, in which the witn ... troom and behind a knee-high panel.
obstruction of justice :: n. an attempt to interfere with the administration ... n arrest. Such activity is a crime.
motion to strike :: n. a request for a judge's order to eliminate all ... be unrung." See also: motion strike
object :: 1) v. to ask the court not to allow a particular q ... he contract..." See also: objection
probate :: 1) n. the process of proving a will is valid and t ... e also: administrator executor will
prosecution :: n. 1) in criminal law, the government attorney cha ... se). See also: prosecute prosecutor
seal :: n. a device which creates an impression upon paper ... e "sealed," but that is rare today.
circumstantial evidence :: n. evidence in a trial which is not directly from ... circumstantial. See also: evidence
represent :: v. 1) to act as the agent for another. 2) to act a ... parties." See also: representation
reciprocal discovery :: n. the exchange of documents, lists of witnesses, ... n before trial. See also: discovery
protective custody :: n. the act of law enforcement officials in placing ... ical harm or death if they testify.
mistrial :: n. the termination of a trial before its normal co ... from the beginning. See also: trial
physician-patient privilege :: n. the right and obligation of a physician to refu ... onfidential communication privilege
diminished capacity :: n. essentially a psychological term which has foun ... See also: insanity M'Naughten rule
directed verdict :: n. a verdict by a jury based on the specific direc ... element judgment jury trial verdict
cruelty :: n. the intentional and malicious infliction of phy ... ruel and unusual punishment divorce
continuing objection :: n. an objection to certain questions or testimony ... ional distress. See also: objection
competent :: adj. 1) in general, able to act in the circumstanc ... all bases. See also: evidence will
dismiss :: v. the ruling by a judge that all or a portion (on ... nst that party. See also: dismissal
emotional distress :: n. an increasingly popular basis for a claim of da ... ar value upon it. See also: damages
immunity :: n. exemption from penalties, payments or legal req ... ws. See also: governmental immunity
harmless error :: n. an error by a judge in the conduct of a trial w ... ar to be harmless." See also: error
forensic medicine :: n. research, reports and testimony in court by exp ... dical examiners. See also: forensic
forensic :: 1) adj. from Latin forensis for "belonging to the ... in legal matters, including trials.
summary judgment :: n. a court order ruling that no factual issues rem ... tion summary adjudication of issues
summary adjudication of issues :: n. a court order ruling that certain factual issue ... is made. See also: summary judgment
fictitious defendants :: n. when a party suing (plaintiff) is not sure if h ... are not permitted in federal cases.
interrogatories :: n. a set of written questions to a party to a laws ... ing. See also: deposition discovery
deponent :: n. a person testifying (stating answers in respons ... sition. See also: depose deposition
court costs :: n. fees for expenses that the courts pass on to at ... ee also: cost bill prevailing party
attorney-client privilege :: n. the requirement that an attorney may not reveal ... ivileged communication work product
joinder of issue :: n. that point in a lawsuit when the defendant has ... matters are to be decided by trial.
no fault insurance :: n: a type of automobile insurance required of car ... ling lawsuits. See also: negligence
status conference :: n. a pre-trial meeting of attorneys before a judge ... g a trial date. See also: discovery
procedure :: n. the methods and mechanics of the legal process. ... cases are tried and judgments made.
paralegal :: n. a non-lawyer who performs routine tasks requiri ... h less than that for the attorneys.
notary public :: n. a person authorized by the state in which the p ... he state which appoints the notary.
incompetent evidence :: n. testimony, documents or things which one side a ... ns. See also: incompetent objection
insanity :: n. mental illness of such a severe nature that a p ... M'Naughten rule temporary insanity
abuse of discretion :: n. a polite way of saying a trial judge has made s ... partner's realistic ability to pay.
approach the bench :: v. an attorney's movement from the counsel table t ... ake a recess to go to the restroom.
self-serving :: adj. referring to a question asked of a party to a ... ng declaration. See also: objection
relevant :: adj. having some reasonable connection with, and i ... nt." See also: irrelevant objection
referee :: n. a person to whom a judge refers a case to take ... on such findings. See also: master
argumentative :: adj. the characterization of a question asked by t ... oody glove just walked over there?"
attest :: v. 1) to confirm (usually in writing) that a docum ... also: holographic will will witness
brought to trial :: v. the act of actually beginning a trial, usually ... y or beginning opening statements).
Bill of Rights :: n. the first ten amendments to the federal Constit ... ved to the states or to the people.
bench :: n. 1) general term for all judges, as in "the benc ... h court judge sidebar witness stand
attestation :: n. the act of witnessing a signature for the purpo ... or her signature. See also: attest
property damage :: n. injury to real or personal property through ano ... l value. See also: damages property
probative :: adj. in evidence law, tending to prove something. ... so: probative facts probative value
material :: adj. relevant and significant. In a lawsuit, "mate ... contract is not a material breach.
marked for identification :: adj. documents or objects presented during a trial ... exhibit lay a foundation objection
malpractice :: n. An act or continuing conduct of a professional ... eed. See also: errors and omissions
irrelevant :: adj. not important, pertinent, or germane to the m ... ce immaterial incompetent objection
matter of record :: n. anything, including testimony, evidence, ruling ... cussions not written down or taped.
no fault divorce :: n. divorces (dissolutions) in which neither spouse ... and South Dakota. See also: divorce
preliminary hearing :: n. in criminal law, a hearing to determine if a pe ... nment charge Grand Jury information
perjurer :: n. a person who intentionally lies while under an ... alse information. See also: perjury
paternity suit :: n. a lawsuit, usually by a mother, to prove that a ... d to a prompt and quiet settlement.
offer of proof :: n. an explanation made by an attorney to a judge d ... rial irrelevant objection testimony
challenge for cause :: n. a request that a prospective juror be dismissed ... remptory challenge venire voir dire