Courts are often bound by the decisions of appellate courts with authority to review their decisions. The prosecution must prove the guilt so that there is no reasonable doubt to the jury that the defendant is guilty.īinding precedent - A prior decision by a court that must be followed without a compelling reason or significantly different facts or issues. Defendants will occasionally waive the right to a jury trial and choose to have a bench trial.īeyond a reasonable doubt - Standard required to convict a criminal defendant of a crime. In a jury trial, the jury decides the facts. Bankruptcy judges preside over these proceedings.īench trial - Trial without a jury in which a judge decides the facts. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Arrest warrants are issued by a judge after a showing of probable cause.īail - Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.īankruptcy - Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Appeals can be made for a variety of reasons including improper procedure and asking the court to change its interpretation of the law.Īppellate - About appeals an appellate court has the power to review the judgment of another lower court or tribunal.Īrraignment - A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.Īrrest warrant - A written order directing the arrest of a party. To make such a request is "to appeal" or "to take an appeal." Both the plaintiff and the defendant can appeal, and the party doing so is called the appellant. Such a plea is often made for purposes of negotiating a deal with the prosecutor for lesser charges or a sentence.Īllegation - Something that someone says happened.Īnswer - The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.Īppeal - A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. Essentially, the defendant is admitting that the evidence is sufficient to show guilt. Affidavits must be notarized or administered by an officer of the court with such authority.Īffirmed - Judgment by appellate courts where the decree or order is declared valid and will stand as decided in the lower court.Īlford plea - A defendant’s plea that allows him to assert his innocence but allows the court to sentence the defendant without conducting a trial. Acquittal - Judgment that a criminal defendant has not been proven guilty beyond a reasonable doubt.Īffidavit - A written statement of facts confirmed by the oath of the party making it.
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