Legal terms for Court Interpreter Written Exam

Legal terms for Court Interpreter Written Exam demur Ans- to object Default Ans- fail to do something required to do Deponent Ans- Person giving testimony Discovery Ans- The pretrial procedures used by the parties to obtain information about the case from the other parties in order to prepare for trial. (Exchange of evidence) Dismiss trial without prejudice Ans- Without right to a new trial Dismiss case with prejudice Ans- Without a right to a new trial Diversion Ans- The suspension of criminal prosecution of an offender. The offender may be asked to participate in a treatment or supervisory program in exchange for his agreement to stop or to suspend prosecution. (alternate program) Hearsay evidence, testimony Ans- A written or oral out-of-court statement offered to prove the truth of the matter asserted. Hearsay is inadmissible into evidence, unless one or more of the hearsay exceptions apply. Heretofore Ans- up to this time Hold harmless Ans- of, relating to, or being an agreement between parties in which one assumes the potential liability for injury that may arise from a situation and thus relieves the other of liability hung jury Ans- no unanimous decision Indictment Ans- A formal written accusation submitted to a grand jury by a prosecutor, charging one or more persons with one or more crimes. The grand jury must determine whether the person or persons named should be prosecuted for the crime charged, in which case the indictment is endorsed by the foreman of the grand jury as a true bill. An indictment authorizes trial of the persons named for the crimes charged. Indict Ans- to accuse formally Interdiction Ans- Prohibition Intestate Ans- having made no valid will Double Jeopardy Ans- Trial of a person by the same jurisdiction more than once for the same crime. The U.S. Constitution prohibits subjecting persons to double jeopardy. Jurisdiction Ans- The power to hear and to decide cases. Jurisdiction exists over particular types of cases (i.e., over subject matter), and over parties (i.e., personal jurisdiction). Also used to refer to a particular unit of government (e.g., a state), particularly with respect to its judicial powers (e.g., different jurisdictions have different legal tests for insanity). Larceny Ans- theft Lechery Ans- lewdness Levy Ans- tax or fee Libel Ans- written defamation Parole Ans- A conditional release from imprisonment which entitles the person receiving the parole to serve the remainder of his term outside of prison if he satisfactorily complies with all the terms and conditions connected therewith. Plea bargain Ans- Plea negotiations can center around the defendant's pleading guilty to a lesser offense, or to only one or several of the counts in a multi-count indictment or information. In return, the defendant seeks to obtain concessions as to the type or length of his sentence or the reduction or elimination of charges against him. Peremptory challenge Ans- The right of a party to exclude a prospective juror from serving on the jury for any reason and without explanation, subject to the civil rights laws. Probable cause Ans- Reasonable ground for belief that certain facts exist. Allegation Ans- n. a statement of claimed fact contained in a complaint (a written pleading filed to begin a lawsuit), a criminal charge, or an affirmative defense (part of the written answer to a complaint). Until each statement is proved it is only an allegation. Some allegations are made "on information and belief" if the person making the statement is not sure of a fact. Allow the Claim Ans- To decide a claim in favor of the party asserting it. Also to deny a pre-trial motion to dismiss a claim and thereby to allow the proponent to continue litigating it. Arrears Ans- That which is unpaid although due to be paid. A person "in arrears" is behind in payment. Asked and Answered Ans- An objection that a question to a witness is cumulative, that is, it has already been asked by counsel and answered by the witness. Attorney General Ans- The chief law enforcement officer of the federal government and generally of a state government. His office represents the government and its agencies in court, including assisting or serving as prosecutors in the prosecution of criminal cases. Bail Forfeiture Ans- Loss of bail status by order of a judge, usually upon a defendant's failure to appear. Bench Trial Ans- Trial held before a judge sitting without a jury. It usually requires waiver by the defendant of a jury trial. Beyond a reasonable Doubt Ans- - Burden of proof which prosecution must meet to convict a criminal defendant. See "reasonable doubt," below. Bill of particulars Ans- A written statement of the particulars of the charges or claims against the defendant or another party. Bonding over Ans- Act by which a judge or magistrate requires a person to furnish bail or to enter into a recognizance as a condition to his release from custody to ensure that he will appear for trial, attend as a witness, or perform some other act. Magistrate Ans- A civil or lay judge or other official who is responsible for administering and enforcing the laws, usually by holding hearings on minor offenses. A judge that hears traffic ticket cases and fines people is an example of a magistrate. Breach of Conditions Ans- Violation by a parolee of the conditions of his parole, which may result in revocation of parole and incarceration. Also failure of an event to occur which is a condition to a party's performance under a contract. Brief Ans- A document prepared by counsel setting out argument on a particular matter in dispute. Case Law Ans- the law as established by the outcome of former cases. Caveat Ans- A warning to someone to be careful. Also a limitation or qualification on something stated or agreed to. Also a proceeding to challenge the validity of a will. Chain of Custody Ans- The sequence of persons who have possession of a thing to be offered as evidence. The party who offers certain things into evidence, such as the narcotics in a drug case, must often prove who had custody of the evidence from the time it came under the party's control until the time it is offered into evidence to ensure that the evidence is what the party contends it is. to challenge Ans- To object or except to. In jury selection, to object to the inclusion in the jury of a particular prospective juror. Challenge for Cause Ans- Motion that a prospective juror be excused from service in a particular case because of bias, incompetence, or another reason recognized under law as disqualifying a juror. Admission Ans- A voluntary oral or written statement made by a person or his lawyer that certain facts exist or legal conclusions apply. When used in this sense, an admission may only tend to prove guilt or liability and is not necessarily a confession of guilt or liability. Also, in the law of evidence, any statement by an opposing party. Affiant Ans- The person who makes and subscribes an affidavi