This glossary is provided to help citizens, teachers, and students gain a working knowledge of some of the terms used on this website; it is not intended to be a comprehensive legal dictionary. Online Legal Dictionaries may provide a more comprehensive listing of legal terms. Findlaw Legal Dictionary
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
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Adversary: The opponent in a case or the other party to a case.
Affidavit: A voluntary declaration of facts written down and sworn to by the declarant under oath.
Affirm: To confirm the decision or actions of a lower court.
Alternative Dispute Resolution (ADR): Ways to settle a case without requiring a trial; ADR can sometimes be court ordered to be completed prior to a trial. Mediation and arbitration are examples of alternative dispute resolution.
Appeal: A party-initiated review by an appellate court of what happened in a trial court or certain administrative agencies to determine if errors occurred and if the errors are significant enough to require some form of relief to the party that raised the error or errors.
Appellate Court: A court that hears appeals from a lower court.
Appellant: The party appealing a decision, who wants the appellate court to reverse or modify the judgment of the trial court.
Appellant's Brief: A written document explaining the legal errors the appellant believes were made during the trial that justify overturning the decision of the trial court.
Appellate Rules: Rules developed by the Indiana Supreme Court that tell how the appellate process must work. These include timelines for filing appeals .
Appellee: The party against whom an appeal is take, whose role is to respond to that appeal.
Appellee's Brief: A written document responding to the appeal of an appellant, seeking affirmance or confirmation of the lower court's decision.
Arbitration: A way to settle a dispute, instead of going to trial, in which an impartial party called an "arbitrator" decides the facts and hears the arguments and may make a binding decision for the parties.
Arrest: The restraint and seizure of a person by a police officer in connection with a crime, in which the person is not free to leave.
Attorney: A person who has been trained and licensed to represent others in legal matters.
Attorney-Client Privilege: The client’s right to refuse to disclose and to prevent any other person from disclosing confidential communications between the client and the attorney.
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Bail: A security such a cash or a bond deposited with the court by a defendant who is awaiting trial to guarantee his or her appearance in court after being released from jail.
Bailiff: A court official who keeps order in the courtroom and assists the jury.
Bench Trial: A trial before a judge without a jury where the judge decides questions of fact and questions of law before making a decision.
Binding: To be required legally. Court decisions are binding or require submission to a higher authority.
Brief: A written presentation of arguments. The Appellate Rules govern the format and contents of the Appellant's and Appellee's briefs.
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Certificate of Service: A statement saying how and when you served a party a document. The rules require that you send a copy of any document or brief that you file with the court to each opposing party.
Certified Question: A request from a federal court to the Indiana Supreme Court asking for the Court's opinion on a specific matter of Indiana law that the federal court is considering in a pending matter.
Chronological Case Summary (CCS): A sequential record of events in a legal case, providing a timeline of actions, filings, and court orders..
Citation: A reference to legal precedent or authority such as a case statute, or the state or federal constitution. This can also be a reference to the appendix or the transcript in the case.
Civil Case/Civil Suit: A lawsuit to enforce a right or to gain repayment for a wrong done to a person or party by another person or party. These cases usually involve money damages or equitable relief (e.g., injunction or specific performance).
Clerk: Court official who keeps court records and, official files. Each county has a clerk and the appellate courts have a clerk.
Clerk's Record: The record maintained by the clerk of the trial court or the Administrative Agency and shall consist of the Chronological Case Summary (CCS) and all papers, pleadings, documents, orders, judgments, and other materials filed in the trial court or Administrative Agency or listed in the CCS.
Client: A person or entity that employs an attorney for advice or representation.
Compensatory Damages: Damages awarded to repay actual losses to an injured person.
Complaint: A document filed to begin a civil case.
Concurrent Jurisdiction: When two or more courts share the authority to hear a certain kind of case.
Concurring Opinion: A written opinion of an appellate court in which the writing judge agrees with the decision reached by the majority of the judges, but uses different legal reasoning to reach that decision.
Contract: An agreement between two or more parties that creates legally enforceable obligations.
Court of Appeals: The intermediate-level appellate court in Indiana. The Court of Appeals hears appeals of cases that have taken place in the trial court or administrative agencies.
Criminal Case: A case brought by the government against a person accused of violating Indiana's criminal laws.
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Damages: Money claimed by, or ordered to be paid to, a person as compensation for a loss or injury.
Defendant: In a criminal case, the person who is charged with a crime; in a civil case, the person sued by the plaintiff.
Defense Attorney: The lawyer who represents the defendant or the accused person.
Deliberation: The process by which the jury carefully considers the evidence presented to determine in private whether a defendant is guilty or not guilty, or liable or not liable.
Denial of Transfer: The Supreme Court's refusal to grant a request for a Motion or Petition to Transfer or take a case from a lower court.
Deposition: A witness's recorded out-of-court testimony that may later be reduced to writing for later use in court.
De novo: To begin anew; for example, de novo appellate review in Indiana allows the appellate court to independently review questions of law without giving deference to the trial court's conclusions.
Detain: To keep in custody or temporary confinement, such as in jail.
Direct Appeal: Certain cases that, if appealed, moves directly from the trial court to the supreme court; it bypasses intermediate appellate courts.
Discovery: The process by which facts or documents are disclosed. The primary discovery devices are interrogatories, depositions, requests for admission and requests for production of documents.
Discretionary Jurisdiction: When a court is not required to hear a case but may if it chooses.
Dispositive Order: An order that resolves a distinct and definite issue, making it appealable as a final judgment.
Dissenting Opinion: A written opinion of an appellate court in which the writing judge disagrees with the decision reached by the majority of the judges and writes a separate opinion describing their reasoning.
Docket: See Chronological Case Summary.
Double Jeopardy: The name for putting a criminal on trial again after he or she has been found not guilty once. This is unconstitutional. (Indiana Constitution article 1, section 14; U.S. Constitution, Fifth Amendment).
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Evidence: Testimony, documents, and tangible objects that tend to prove or disprove the existence of an alleged fact.
Expedited Appeals: The Court of Appeals will hear cases involving issues of child custody, support, visitation, adoption, paternity, determination that a child is in need of services, termination of parental rights, and all other appeals entitled to priority by rule or statute, sooner than other matters.
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Felony: A major crime usually punishable by a fine and/or a prison sentence. In Indiana, examples of felonies are assault with a deadly weapon, burglary, murder, and possession of a controlled substance with intent to sell.
File-stamped: A document that has the official stamp of a clerk's office indicating the date on which a document was accepted for filing.
Final Judgment: Final decision by the trial court. This judgment resolves all of the issues that were presented in the trial court or administrative agency.
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Grand Jury: A group of citizens who decide whether or not there is enough evidence to charge a suspect with a crime.
Guilty: A person can enter a plea of "guilty" by admitting in court that he or she committed the offense for which he/she is charged. The jury can render a verdict of "guilty" if it finds beyond a reasonable doubt, based on the evidence, that the defendant committed the offense.
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Hung Jury: A jury unable to reach a verdict because not all the jurors could agree.
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Incarceration: Imprisonment; being locked up in a jail, prison, or penitentiary.
Indigent: Someone who is unable to afford to pay the fees and costs related to a case. A party must make a motion in the trial court or administrative agency asking to be declared indigent. Any questions about this motion should be directed to the trial court or administrative agency. (See also Pauper Status)
Infraction: A violation of an ordinance. Infractions are civil, not criminal, and the prosecutor must show the infraction occurred by preponderance of the evidence.
Interrogatory: Used in discovery, a written question submitted to an opposing party in a lawsuit, to be answered under oath.
Interlocutory Appeal: An appeal that occurs during the course of a trial, before the trial court reaches a decision.
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Jail: A building designated by law, or regularly used, for the confinement of persons awaiting trial or serving misdemeanor sentences.
Judgment: A court’s final determination of the rights and obligations of the parties in a civil case, or the final determination of a criminal case.
Jurisdiction: The authority or power the court has to act or hear a case and make a decision.
Jury: A group of citizens randomly selected and chosen by law and given the power to decide question of fact and return a verdict.
Jury Trial: Often referred to as "trial by jury," this is a trial in which a jury hears the facts of a case and renders a verdict based on the facts presented to them.
Justice(s): The term used for judges of the Supreme Court.
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Lawyer: see Attorney.
Liable/Liability: A legal responsibility, obligation, or debt.
Litigants: The persons or entities that are parties in a lawsuit.
Litigation: To contest in a legal proceeding.
Lower court: A court that is subject to review by a higher court.
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Majority opinion: An opinion that is signed by more than half of the judges considering an appeal case.
Malpractice: An instance of negligence or lack of competence on the part of a professional.
Mandamus: An order from an appellate court directing a lower court to take a specified action. For example, a party may file a Petition for Writ of Mandamus asking the Indiana Supreme Court to order a judge or trial court to do something.
Mandate of Funds: The Supreme Court reviews an order by a special judge that requires the county commissioners to fund court operations or other court related functions. Mandate of funds are typically ordered when a county executive branch does not provide adequate funding to its local judicial branch.
Mandatory Jurisdiction: When a court MUST hear a case brought before it on appeal.
Mediation: A way to settle a dispute instead of going to trial in which an impartial third party called a mediator tries to help the parties reach a compromise.
Medical malpractice: A case involving a doctor's alleged failure to provide care at an acceptable level.
Memorandum Decision: An unpublished Court of Appeals opinion. See Appellate Rule 65.
Misdemeanor: A crime that is less serious than a felonyand is punishable by a fine or confinement in jail. In Indiana, a Class A misdemeanor is punishable by a jail term of not more than one year and/or a fine of no more than $5,000.
Motion: A written or oral application requesting a court to make a specified ruling or order.
Movant: The party asking the court for something. This is usually done in the form of a motion to the Court.
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Not Liable: Where a person is not responsible or legally obligated.
Notice of Appeal: A document that initiates an appeal. See Appellate Rule 9.
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Opinion: A court’s written statement explaining its decision in a given case. Opinions for recent Indiana Tax Court, Court of Appeals and Supreme Court cases can be found online. There are different types of opinions issued by the court, see also concurring, dissenting and majority opinion.
Oral argument: The presentation of information before an appellate court that states a party's position and the reasoning behind it. Either the appellants or the appellees may request to make oral arguments before the court. The court does not have to agree to hear oral arguments; they may feel that the written record is sufficient. On the other hand, they may request that the representatives of each party present oral arguments.
Order: A written or oral command or direction delivered by a court or judge that resolves a matter and/or directs the parties to do something.
Original Action: A request by a party asking the Supreme Court to order a lower state court to perform an act required by law or to stop acting in a way the law does not allow.
Ordinances: Laws passed by the legislative body of a municipal (city) corporation; ie., city laws.
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Pauper Status: A party without the financial resources to pay all of the court fees and costs, and to whom the court grants permission to proceed without paying all the fees and costs. See also Indigent.
Peremptory Challenge: A request by an attorney for either side to disqualify a juror; the attorney does not have to give a reason for his request. The number of peremptory challenges varies depending on the kind of case. Attorneys are also allowed to request that a juror be dismissed for cause. In a challenge for cause the attorney argues that the juror would not be able carry out his/her duties for some reason specified by the attorney.
Petition: A formal written request made to a court.
Petition for a Writ of Certiorari: A document filed to request that the United States Supreme Court review a decision made by a state supreme court or a U.S. Court of Appeals.
Petition for Rehearing: A document filed that points out errors in an appellate court opinion and requests that the same court that issued the opinion reconsider its decision.
Petition to Transfer: A document file to request that the Indiana Supreme Court accept jurisdiction over an appeal after the Court of Appeals issues its opinion or decision on rehearing.
Petit Jury: see jury
Plaintiff: The party who starts a lawsuit, or in criminal cases, the prosecutor acting on behalf of the State of Indiana.
Plea: Defendant's response to a criminal charge (for example: "guilty" or "not guilty").
Plea Bargaining: Negotiations between a defense attorney and a prosecutor in which a guilty plea is exchanged for either a lesser charge or a lesser sentence.
Post-Conviction Relief: The procedure where a defendant in a criminal case can argue that the conviction or sentence was made in violation of the Constitution, that the court which sentenced him was without the authority to do so, or that the sentence imposed exceeds the maximum sentence in the statute, among other things. A Petition for Post-Conviction Relief is filed in the trial court and the final judgment can be appealed to the appropriate appellate court .
Precedent: A decided case that furnishes a basis for determining later cases involving similar facts or issues.
Prison: A building designated by law, or regularly used, for the confinement of persons convicted of crimes.
Probate Court: A trial court that handles cases involving the administration of the estates of people who have passed away, guardianships, and mental health hearings.
Pro se: A Latin term to describe a person, not represented by an attorney, who is representing himself or herself in a case.
Prosecution: In criminal cases, it is the state (government) that initiates the case; they are referred to as the prosecution.
Prosecutor: The public official elected in each county to conduct criminal prosecutions on behalf of the state or people.
Public Defender: An attorney appointed by and paid by the government to represent people accused of crimes who cannot afford to hire their own lawyers.
Punitive damages: Damages awarded in addition to actual damages when the intent is to punish the guilty or liable party for an action. They are generally awarded when it has been determined that the defendant acted with recklessness, malice, or deceit.
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Question of Fact: An issue that has not been predetermined and answered by the law. Such questions are usually decided by a jury.
Question of Law: An issue to be decided by the judge, not a jury, concerning the application or interpretation of the law.
-R-
Relator: The party in whose behalf writs are filed, issued, or ordered.
Remand: To return a case from an appellate court back to the lower court to correct an error or modify the decision.
Remedy: The means of enforcing a right or preventing or redressing a wrong; legal or equitable relief.
Remit: The court's reduction of the damages awarded in a jury trial.
Reply Brief: In an appeal, a second brief filed by the appellant in response to the legal arguments made in the brief of the appellee.
Reverse: To set aside or cancel a judgment or decision by making a contrary decision.
Request for Admission: Used in discovery, a party's written factual statement served on another party who must admit, deny or object to the substance of the statement.
Request for Production: Used in discovery, a party's written request that another party provide specified documents or other tangible things for inspection or copying.
Right: A power, privilege, or immunity secured to a person by law.
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Sentence: The punishment imposed on someone found guilty of committing a crime.
Show Cause Order: An order from the Court requiring a party to explain why a certain thing should or should not be permitted. An example would be if a Notice of Appeal was not timely filed, the Court may issue a show cause order asking the Appellant to show why the case should not be dismissed for failure to file a timely Notice of Appeal.
Stare Decisis: Latin for "let the decision stand." This is the doctrine under which courts follow previous court decisions or precedents on questions of law in order to insure certainty, consistency, and stability in the way the law is applied.
Statute: A law passed by the legislative body.
Statute of Limitations: a legally established time limit (based on the date the claim accrued for civil cases or the date of the crime for criminal cases) for entering a suit (civil) or beginning a prosecution (criminal). A reasonable time limit is established so that the defendant may still be able to find witnesses, evidence, etc. pertinent to the case.
Stay: A court order which temporarily suspends court proceedings or the effect of a judgment. Initiating an appeal does not stay enforcement of a trial court judgment.
Subpoena: A document commanding a person to appear before a court, subject to a penalty for failing to comply.
Summary Judgment: A judgment issued by a judge where there is agreement about a set of relevant facts. It is a procedural device that allows for the speedy resolution of some controversies without the need for a trial.
Supreme Court: The highest court in the State of Indiana. The Supreme Court consists of five justices. The Supreme Court hears criminal cases where the defendant was sentenced to death or life without the possibility of parole. The Court also hears all cases involving attorney admission and discipline and original actions. Once a case has been decided by the Court of Appeals, parties may file a Petition to Transfer asking the Supreme Court to hear the case. The Court has the discretion to decide whether or not to take these cases.
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Table of Authorities: A listing of all the legal cases, statutes, and secondary authority used in the brief and the page(s) on which each authority was cited.
Testimony: Evidence that a competent witness under oath or affirmation gives at a trial or deposition, or by affidavit.
Toll: To stop the running of time, especially regarding time allowed before filing a lawsuit. See Statute of Limitations.
Tort: A private or civil wrong or injury where there is no contract (for example: trespass); the remedy that is sought is usually a monetary award for damages.
Transcript: The written version of everything that was said at the trial or hearings in the case. The transcript is prepared by the court reporter assigned to the trial court.
Trial: Proceedings in open court where evidence is presented and arguments are made before a judge and sometimes a jury, concluding with a verdict or judgment.
Trial Court: The city or county court where a case starts; the court that decides the facts and law in the case.
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Verdict: A formal decision or finding made by a jury.
Verified Complaint: The charging document in which the Disciplinary Commission alleges misconduct by an attorney and asks the Supreme Court to impose appropriate discipline for the misconduct.
Voir Dire: The act or process of questioning prospective jurors, by the trial counsel or the trial judge, to determine which are qualified for service on a jury.
-W-
Witness: One who testifies under oath to what he/she saw, heard, or otherwise.
With prejudice: In a way that finally ends a party's claim and prevents any future action on the claim.
Without prejudice: In a way that does not harm or cancel the legal rights or privileges of a party.
Writ: An extraordinary remedy that can be sought from the Indiana Supreme Court. A writ can be sought to compel a person to do something or to stop doing something. Writs are usually sought to compel the trial court to perform a duty or obligation that it is required to do. This option should be used when there is no other legal remedy to solve the problem.