Glossary of Legal Terms

Acquittal - When a jury or court finds the defendant “not guilty,” the defendant is “acquitted.”

Advocate - Usually someone trained in sexual assault and legal issues who offers support and assistance to sexual assault survivors. An advocate may work for the prosecutor or at a community based agency.

Affidavit - A sworn statement of the facts as you know them to be.

Anonymous - Not named or identified.

Anti-Harassment Order- An order issued by the court that orders a person to stop doing certain things that “harass” another person.

Attorney - A lawyer.

Authorization - Permission.

Bailiff - A court employee who maintains order in the courtroom.

Bail -The property or money given in assurance that the defendant will appear in court.

Bond -The money paid to a bond company so that they will pay the bail for a person. The bond price is usually 10% of the bail amount.

Burden of Proof - The prosecution must prove beyond any reasonable doubt that the defendant committed all the essential elements of the crime to the juries or court's satisfaction.

Charge/ Charged - When the prosecuting attorney formally accuses someone of having committed a criminal offense, that person is “charged” with a crime.

Clerk (of the Court) - A court official who handles clerical matters like keeping records, filing documents and providing certified copies.

Commissioner (of the Court) - A type of judge who makes decisions relating to a particular subject matter.

Confidential - Private or secret.

Consent - When you give permission or agree to something.

Conviction - To prove or find someone guilty of a crime.

Court - The official place and process for the administration of justice.

Defendant - The person against whom a charge or claim is brought in court.

Defense Attorney - The lawyer for the defendant.

Discovery - The process by which the attorneys in the case share relevant information.

Disclosed/disclosure - When information is released or shared, it is “disclosed.”

Dismissal - An order by the court that means the case is over.

Disposition - The result or final outcome of a case

Emancipation - When a teenager becomes legally competent to be their own guardian and is no longer subject to parental control.

Ex parte - On behalf of one party, without notice to any other party.  A judge may not engage in ex parte communication.

Forensic Exam - A physical examination of the body that is designed to collect evidence to show that a crime was perpetrated upon that person.

Guilty - When the defendant is determined to have committed the crime; he or she is “guilty.”

Hearing - A court proceeding where a judge considers requests for either party in a case.

Judge - An elected or appointed public official with the authority to hear and decide cases in court.

Judgment - The decision of a judge.

Jury - Usually a group of 12 people from the community randomly selected to consider evidence and decide the outcome of a criminal case.

Minor - Generally someone under the age of 18.

Motion - A request made to the court asking the judge to do something. A motion is usually heard at a hearing.

Offender - A person who has committed a crime.

Oath - A pledge before testifying, every witness must take an oath that he or she will tell the truth.

Perpetrator - Also may be referred to as the offender, the defendant or the accused. It generally means the person who assaulted you.

Plaintiff/Petitioner - Usually used in a civil legal proceeding, referring to the person who brought the civil action.

Police Report - Report made by the police containing the initial statement made by the victim at the time she or he reported the crime.

Pre-sentence Report - A report to the sentencing judge containing background information about the crime and the defendant to assist the judge in making a sentencing decision.

Proceeding - The court processes in which a case moves through the legal system.

Prosecute/Prosecution - When the state brings charges against someone for committing a crime, that person is being “prosecuted.”

Prosecutor/Prosecuting Attorney - The lawyer for the state who is responsible for prosecuting people who commit crimes.

Protection Order - An order issued by a court commissioner or judge that specifically forbids the perpetrator from having contact with you.

Rape - When someone (it can be more than one person) forces you, and/or threatens you, and/or tricks you into having sexual intercourse that you do not want.

Respondent - The person who needs to “respond” to a civil legal proceeding.

Sentencing/Sentencing Hearing - A hearing where the judge decides the punishment for a guilty offender.

Sexual Assault - When someone (it can be more than one person) forces you, and/or threatens you, and/or tricks you into having any kind of sexual contact that you do not want.

Statute of Limitations - The time limit assigned in which crimes must be charged, or lawsuits must be filed in order for them to be valid claims.

Subpoena - A piece of paper issued by a court that instructs you to do something specific, like appear in court, or provide certain documents to the other party in a legal proceeding

Testify - To make statements under oath.

Trial - The court proceeding in which the guilt or innocence of the accused person is decided by the judge or a jury.

Testimony - When you go to court and tell the judge and/or jury what happened to you, you are giving “testimony.”

Victim - When you have been hurt by someone, the court refers to you as a victim, meaning a victim of a crime.

Victim Impact Statement - A statement made to the court by the victim or a victim representative that tells the judge how the victims or victim’s family has been affected by the crime.

Victim/Witness - A term that refers to a person who is both a victim of a crime and also the witness to that same crime.

Voir Dire - The process in which jurors are questioned by attorneys for both sides and/or the trial judge about their background, life experiences, and opinions to determine whether they can weigh the evidence fairly and objectively.  From the Anglo-French meaning "to tell the truth."

Witness - One who sees an act performed. One who gives evidence in a case. You can be a victim and a witness to a crime.