QUESTIONS AND ANSWERS SURE A+
✔✔Limited English Proficiency Person - ✔✔LEP; Individuals who speak only or
primarily a language other than the
English language. Sometimes referred to as a limited English proficient
individual.
✔✔Local Rules - ✔✔A particular set of rules for each court governing matters not
determined by the Federal Rules of Procedure. Each U.S. district court is authorized to
"make and amend rules governing its practice not inconsistent with" the Federal Rules
of Procedure.
✔✔Lock-Up - ✔✔The area in a courthouse where detained defendants in a criminal
matter are held until a hearing is called. Security for the lock-up is under the jurisdiction
of the U.S. Marshal.
✔✔Magistrate Judge - ✔✔A judicial officer of a federal district court, who conducts initial
proceedings in criminal cases, decides criminal misdemeanor cases,
conducts many pretrial civil and criminal matters on behalf of district
judges, and decides civil cases with the consent of the parties.
, ✔✔Misdemeanor - ✔✔A criminal offense that is less serious than a felony and for which
the
maximum penalty is one year in prison.
✔✔Mistrial - ✔✔A ruling by the court that the trial is to be terminated and given no effect
because of an error in the proceedings. The court may also declare a mistrial when the
jury is unable to agree on a verdict. When a mistrial is declared, the trial must start
again with the selection of a new jury.
✔✔Motion - ✔✔A request by either the government (or plaintiff in a civil case) or the
defense for a ruling by the court on a particular matter. Motions filed
before trial are generally referred to as pretrial motions. All motions,
other than those made during a trial or hearing must be in writing, unless the court
permits them to be made orally.
✔✔Motion Hearing - ✔✔A motion hearing is a proceeding in which each party has the
opportunity to present his or her side of an issue of particular importance to a case in
court.
✔✔Motion to Suppress - ✔✔A motion (usually on behalf of a criminal defendant) to
disallow certain evidence, alleged to have been seized illegally.
✔✔Nebbia Hearing - ✔✔A hearing in which the court must decide whether or not the
money or property posted as bail is the fruit of unlawful or criminal conduct.
✔✔Nolo Contendere - ✔✔No contest. As far as the criminal sentence is concerned, a
plea of nolo contendere has the same effect as a plea of guilty. However, this plea may
not be considered as an admission of guilt for any other purpose.
✔✔Not Guilty - ✔✔1) plea of a person who claims not to have committed the crime of
which he/she is accused, made in court when arraigned (first brought before a judge) or
at a later time set by the court.
2) verdict after trial stating that the prosecution has not proved the
defendant guilty of a crime beyond a reasonable doubt or that the
defendant was insane at the time the crime was committed.
✔✔Note-taking - ✔✔The practice of writing down pieces of information in a systematic
way.
✔✔Objection - ✔✔When an attorney alerts the judge to potential problems which may
be caused by admission of evidence. An attorney who disagrees with a ruling by the
court must register an objection to that ruling in order to make the trial record clear and
establish the right to object to the ruling before the appellate court, should there be an
appeal.