Glossary of Terms

Oath of Office: An attestation that one will tell the truth, or a promise to fulfill a pledge, often calling upon God as a witness. The best known oath is probably the witness’ pledge “to tell the truth, the whole truth, and nothing but the truth” during a legal proceeding. In another context, a public official usually takes an “oath of office” before assuming her position, in which she declares that she will faithfully perform her duties.

Objection: A formal protest made by a party regarding testimony or evidence sought to be introduced by the other side.

Obligation: Law or duty binding parties to follow their agreement. An obligation or debt may be created by a judgment or contract, e.g., child support.

Offense: An act that violates the law.

Opinion: A judge's written explanation of the decision of the court in appellate cases. Because a case may be heard by three or more judges in a Court of Appeal, the opinion in appellate decisions can take several forms. If all the judges completely agree on the result, one judge will write the opinion for all. If all the judges do not agree, the formal decision will be based upon the view of the majority, and one member of the majority will write the opinion. The judge(s) who did not agree with the majority may write separately in dissenting or concurring opinions to present their views. A dissenting opinion disagrees with the majority opinion because of the reasoning and/or the principles of law the majority used to decide the case. A concurring opinion agrees with the decision of the majority opinion, but offers further comment or clarification or even an entirely different reason for reaching the same result. Only the majority opinion can serve as binding precedent in future cases.

OR:  See own recognizance

Oral Argument: An opportunity for lawyers to summarize their position before the court and also to answer the judge's questions.

Order: (1) Decision of a judicial officer; or, (2) a directive of the court, on a matter relating to the main proceedings, that decides a preliminary point or directs some steps in the proceedings. May be used for invalidating a prior conviction, e.g., an order issued following a hearing in which a prior conviction is found invalid because certain legal standards were not met during the time of trial and conviction; setting a fee, e.g., an order directing a defendant to reimburse the county for costs incurred for a court­appointed attorney; to show cause, e.g., an order to appear in court to give reasons why an action cannot, should not have been, or has not been carried out.

Ordinance: A regulation established by a local government to enforce, control, or limit certain activities.

Original Jurisdiction: The authority of a court to hear or act upon a case from its beginning as opposed to hearing it on appeal from another court.

Own Recognizance: A condition under which an individual is released from custody upon his her promise to answer to a criminal charge and is not required to post bail. An OR report is prepared by the probation department that recommends whether or not the defendant should be released on his or her own recognizance.

P

Panel: (1) In appellate cases, a group of judges (usually three) assigned to decide the case; (2) in the jury selection process, the group of potential jurors; (3) the list of attorneys who are both available and qualified to serve as court-appointed counsel for criminal defendants who cannot afford their own counsel.

Pardon: An act of grace by the chief executive of a state or country that releases a convicted person from punishment imposed by a court sentence.

Parole: A conditional release from imprisonment that entitles the person receiving it to serve the remainder of the sentence outside of the prison as long as all conditions of release are met.

Part-Time Judicial Position: An authority judicial position, such as a court commissioner or referee position, to which the appointee or selected official is not expected to devote all of his or her efforts during normal business hours, but instead may engage in other remunerative activity.

Party: One of the litigants. At the trial level, the parties are typically referred to as the plaintiff or petitioner and the defendant or respondent. On appeal, they are known as the appellant and appellee.

Paternity Suit: A suit initiated to establish the paternity of a child born out of wedlock. Penalty: Punishment for violating a law.

Pendente Lite: From the Latin: "During the suit"; orders made during the actual progress of the lawsuit prior to final disposition.

Pending: The status of a case that has not yet been disposed of by the court.

Peremptory Challenge: A challenge requiring no stated reason by either the defense attorney or the prosecuting attorney toward a potential juror that usually results in that person's disqualification from jury service.

Perjury: A false statement made willfully and knowingly while under oath in a court proceeding.

Personal Injury: A kind of civil case that includes actions for damages from physical injury to persons and property, and actions for wrongful death.

Petit Jury (or trial jury): A group of citizens who hear the evidence presented by both sides at trial and determine the facts in dispute. Criminal juries consist of 12 persons in federal court; civil juries consist of at least six persons.

Petition: A formal, written request presented to the court requesting specific judicial action.

Petitioner: One who presents a petition to the court.

Plaintiff: A person who brings an action; the party who complains or sues in a civil case.

Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges.

Plea Bargain: Negotiation between the prosecutor and the accused to exchange a guilty plea for conviction of a lesser charge, subject to approval by the court.

Pleading: (1) Written statement filed with the court that describes a party's legal or factual assertions about the case; (2) a written statement in which one party responds to another's allegations to narrow the dispute to one or more specific points of difference.

Points and Authorities: A written legal argument, which includes references to past cases, statutes, and other statements of law, given to support a request for motion.

Polling of Jury: A practice in which jurors are asked individually whether they concur with the verdict as rendered.

Post: From the Latin: "After, "as in "post-trial"; to bring to the attention of the public.

Power of Attorney: A person (the "principal") authorizes someone else (the "agent" or "attorney in fact") to take care of business for the principal. A power of attorney authorizes the agent to do whatever is necessary to manage the principal's assets. A limited or special power of attorney can be drawn up to be more restrictive, by setting time limits for the agent to serve, limiting the agent to particular actions, or authorizing the agent to manage just particular assets. There are general powers of attorney, limited or special powers of attorney, and durable powers of attorney. A general or limited power of attorney ends when the principal becomes incompetent. A durable power of attorney stays in effect if the principal becomes incapacitated.

Pre: From the Latin: "In front of," as in "pretrial."

Precedent: A decided case that furnishes a basis for determining later cases involving similar facts or issues. Judges will generally "follow precedent," meaning that they use the principles established in earlier cases to decide new cases dealing with similar facts and legal issues. A judge will disregard precedent if a party can show that the earlier case was wrongly decided or that it differed in some significant way from the current case.

Preliminary: Introductory, preparatory, preceding, or leading up to the main matter of business, e.g., a preliminary injunction is one that precedes the issuance of a permanent injunction.

Preliminary Examination/Hearing: A proceeding before a judicial officer in which evidence is presented so that the court can determine whether there is sufficient cause to hold the accused for trial on a felony charge.

Pre-Sentence Report: A report prepared by the probation department for reference by the judge when sentencing an accused person, generally describing the defendant's background; financial, job and family status; community ties; criminal history; and any other pertinent information.

Presiding Judge: In a court with multiple judicial positions, the judge who performs the basic administrative functions of managing the court's business.

Presumption of Innocence: One of the most sacred principles in the American criminal justice system, holding that a defendant is innocent until proven guilty. In other words, the prosecution must prove, beyond a reasonable doubt, each element of the crime charged.

Pretrial Conference/Hearing: Any appearance of both parties before the court at any time before trial; usually, a proceeding in which the defense and prosecuting attorneys appear to discuss the possibility of a pretrial disposition.

Pretrial Services: Services provided by a local agency in which an investigation of a criminal defendant's background is conducted so a judge may decide whether to release the defendant into the community before trial.

Prima Facie: From the Latin: "From first view"; not requiring further support to establish existence, credibility, or validity.

(Case) A case sufficient on its face, being supported by the necessary minimum evidence and free from obvious defects.

(Evidence) Evidence sufficient to support a certain conclusion unless contradictory evidence is given.

 

Prior: A term generally used to refer to a previous conviction.

Privilege: An advantage not enjoyed by all; a special exemption against prosecution or other lawsuits.

Privileged Communication: Information exchanged between two people who (1) have a relationship in which private communications are protected by law, and (2) intend that the information be kept in confidence. The law recognizes certain parties whose communications will be considered confidential and protected, including spouses, doctor and patient, attorney and client, and priest and confessor. Communications between these individuals cannot be disclosed in court unless the protected party waives that protection. The intention that the communication be confidential is critical. For example, if an attorney and his client are discussing a matter in the presence of an unnecessary third party -- for example, in an elevator with other people present -- the discussion will not be considered confidential and may be admitted at trial. Also known as confidential communication.

Pro Bono: Legal services performed for free; from the Latin meaning "for the good."

Pro Tempore: From the Latin: "For the time being" or "temporarily"; referee/commissioner sitting temporarily and provisionally for a judge; same as pro tem.

Probable Cause: A reasonable basis for assuming that a charge or fact is well founded.

Probation: A procedure by which a defendant found guilty of a crime is released without incarceration, subject to conditions imposed by the court. Conditional: Probation without supervision. Formal: Supervision of a defendant by a probation officer.

Probation Report: A report prepared by the probation department for reference by the judge when sentencing an accused person, generally describing the defendant's background; financial, job, and family status; community ties; criminal history; and any other pertinent information.

Procedure: The rules for conducting a lawsuit. There are rules of civil procedure, criminal procedure, evidence, bankruptcy, and appellate procedure.

Proceedings: Generally, the process of conducting judicial business before a court or other judicial officer. A proceeding refers to anyone of the separate steps in that process, e.g., a motion, a hearing.

Process Server: A person employed to deliver a summons, subpoena, or complaint. Process: A legal document that compels a defendant to answer a civil complaint.

Promissory Note: A written document by which one person promises to pay money to another.

Pronouncement of Judgment: The formal issuance by the judge of a judgment in a case.

Proof of Service: The form filed with the court that proves the date on which documents were formally served on a party in a court action.

Proof: Quantity of evidence that tends to establish the existence of a fact at issue.

Prosecute: When a local District Attorney, state Attorney General or federal United States Attorney brings a criminal case against a defendant.

Prosecuting Attorney: A public officer whose duty is the prosecution of criminal proceedings on behalf of the citizenry; sometimes referred to as "district attorney".

Proximate Cause: That which in natural and continuous sequence, unbroken by any independent cause, precedes an event without which an injury would not have occurred.

Public Defender: Counsel employed by the public, primarily to defend indigent defendants.

Public Record: A court record available for inspection by the general public.

Purge: To eliminate inactive case records from court files.

Q

Qualified Domestic Relations Order (QDRO): An order, decree, or judgment, including approval of a settlement agreement issued by a court and approved by a pension plan, that provides for division of a pension plan to make an equitable property division or payment of child or spousal support.

Qualified Medical Child Support Order (QMCSO): An order, decree, or judgment, including approval of a settlement agreement, issued by a court that provides for medical support for a child of a participant under a group health plan or provides for health benefit coverage to such child.

Quash: To end, to set aside, or to make void.

Quiet Title: An action in which the ownership of certain land is in dispute and submitted to the court for determination.

Please email me at : information@orangecountycriminaldefenselaw.com on any criminal matter or call us at: 877-815-7421 or fill out our contact form.