What follows is a list of common legal terms.
A | B | C | D | E | F | G | H | I | J | K | L | M | N | O | P | Q | R | S | T | U | V | W | X |Y | Z
A
Adjudicate: giving or rendering judgement.
Allocution: a defendant’s explanation of his/her actions presented at sentencing. Allocution is usually intended as mitigating circumstances to sentencing.
Appeal: a request to a higher court to review the decision of a lower court.
Argumentative (Objection) : given to debate or dispute. Refers to a statement made based on implication and not fact. A statement interpreting fact rather than establishing fact.
Arraignment: a hearing where a defendant is informed of the criminal charges filed against him or her. The defendant then enters a plea of “guilty” or “not guilty.”
Assumes Facts Not in Evidence (Objection): a statement that, in order to be correct, requires that certain facts are true when those facts have not been entered into evidence.
B
Bench Trial: a trial held before a judge without a jury. The judge makes the final determination as to whether a defendant in guilty or not guilty.
Beyond a Reasonable Doubt: the idea that the proven facts of a case establish guilt.
Burden of Proof: in criminal cases, the state must prove all the elements of a crime beyond a reasonable doubt.
C
Caselaw: the establishment of acceptable behaviors through a body of case rulings, as opposed to statute.
Change of Plea (C.O.P.): when a defendant decides to change a previously entered plea.
Charge: an accusation that a person has committed a crime.
Citation: a police-issued order to appear before a judge or magistrate at a future date.
Contempt of Court: any act intended to hinder a court’s pursuit of justice or lessen the court’s authority and/or dignity.
Criminal Law: the state and federal statues that define criminal offenses and the punishments those offenses invoke.
D
Defendant: the person accused of committing a crime.
Delinquency: violation of law or duty; a failure to perform a duty or obligation; failure to make timely payments of a debt.
Detention/Bond Hearing: judicial proceeding used to determine whether or not to hold a person on bail.
Dismissal: an order or judgment disposing of an action or case without a trial.
Disposition Hearing: a hearing where a defendant is sentenced, after conviction.
Docket: a brief summary of a court proceeding.
E
Expungement: a process where a criminal conviction is erased or sealed after passage of time.
F
Felony: a crime that is more serious than those classified as misdemeanors. If convicted of a felony, offenders may be sentenced to serve prison terms in the Utah State Penitentiary.
G
Guardian ad Litem: a person designated to represent an infant, ward, or unborn person in a case.
Guilty Verdict: a formal decision by a jury that they find a defendant guilty of the charged offense.
H
Habeas Corpus: guarantees the right to not be unlawfully imprisoned.
Hearing: a formal court proceeding before a judge.
Hearsay: testimony relating information that someone else has told the person testifying, as opposed to what the information the testifier knows personally.
Hung Jury: a jury that cannot agree upon a unanimous verdict.
I
Initial Appearance: the first appearance of a defendant before a judge or magistrate.
Intake Officer: an officer with the courts that screens and files juvenile charges in cases involving Class B Misdemeanors and lesser charges.
J
Jury Selection: the process of selecting jury members.
Leading (Objection): indicates that a question tells a witness how to answer or puts words in the witness’ mouth.
M
Magistrate: an inferior judicial officer, such as a justice of the peace.
Misdemeanor: a criminal offense that is less serious than a felony. In Utah, there are three classes of misdemeanor: Class A, Class B, and Class C. Class A misdemeanors are more severe than Class B or C misdemeanors. Likewise, Class B Misdemeanors are more severe than Class C Misdemeanors. If convicted of a misdemeanor, it is possible that an offender be sentenced to serve a jail term in the Salt Lake County Jail.
Mistrial: a trial which has been terminated prematurely due to a prejudicial error.
N
Not Guilty Verdict: a verdict rendered by a jury acquitting the defendant of the crimes he/she is accused of committing.
O
Order to Show Cause: a court order to appear and explain why a certain action should or should not be executed.
P
Petition: a formal written application asking for judicial action in some specific matter.
Plea Bargain: the process where a defendant and a prosecutor in a criminal case work out a mutually acceptable resolution to the case.
Plea: a defendant’s formal declaration regarding his/her guilt or innocence in a criminal case.
Plea in Abeyance: a guilty plea suspended for a probationary period during which a defendant may have the case dismissed upon completion of certain criteria.
Preliminary Hearing: a hearing where a judge determines whether a person charged with a crime should be held (“bound over”) for trial.
Preliminary Inquiry: a probation department investigation, initiated after receiving a referral, into whether or not a further action should be taken.
Pre-Sentence Report: a report summarizing the pre-sentence evaluation that is meant to help judges determine appropriate sentencing.
Pre-Trial Hearings: conferences held, after the filing of criminal charges, to promote a fair and expeditious trial. During these conferences, the case status is discussed to determine whether everything is in proper order.
Pre-Trial Services: agency that supervises defendants that have been released from custody before a resolution to their case.
Probation: a sentence allowing the conditional release of the convict into the community under the supervision of a probation officer and requiring that certain criteria be met. Meant to help the rehabilitation of the offender.
R
Relevancy (Objection): an objection raised when facts under discussion don’t lend to the proof of a particular hypothesis.
Restitution: money that an offender is ordered to repay as part of his/her sentencing terms when a victim has suffered a monetary loss caused by the criminal act in question.
Roll Call Hearing: a brief hearing where the defendant appears before a judge with an attorney for the first time.
S
Search Warrant: a written order, from a judge to a law enforcement officer, authorizing the law enforcement officer to search for and seize any property that is evidence of the commission of a crime or that may be used to commit a crime.
Sentence: the judgment pronounced by a judge or jury after a defendant has been convicted of a criminal act. Can range from a fine and probation to incarceration or the death penalty.
Statute: a particular law established by a legislative body defining whether or not certain actions are appropriate.
Status Offense: a class of crime that is defined by a person’s specific situation or character as opposed to that individual’s actions.
Suppression Hearing: a pretrial hearing where a defendant tries to prevent evidence from being introduced into criminal cases—based on the idea that the evidence was obtained illegally.
T
Trial: a judicial review and decision resolving a dispute of fact between two parties.
V
Vague (Objection): an objection to an indefinite or uncertain statement or question.
W
Warrant for Arrest: a written order, from the court to a law enforcement officer, to arrest a certain individual and bring them before a magistrate.
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