Glossary by: MIZMOO esq.

Affidavit

A written statement of someone signed under oath, of facts of which he has personal knowledge

The Bar	A body consisting of members of the legal profession called attorneys, counselors or lawyers, who are authorized by a state (sworn in) to engage in the practice of law in front of a judge and jury.
Bar Exam	A written examination conducted by each state for the purpose of allowing persons to engage in the practice of law in that state.  Today this generally consists of 2 parts: the first is general law which could be found in any of the fifty states; the second is specific to the state who proffered the examination.
BLACKSTONE	The Importance of Blackstone

Civil law	Laws which address private rights and remedies, in which a jail sentence is not imposed.  These laws set forth the rights of individuals, organizations, businesses, etc, and dictate the penalties to be applied if those rights are infringed upon.
Complaint	A document filed in a court by the plaintiff alleging a specific injury or violation of a specific right.  All cases must have a complaint filed to have any action in a court.
Criminal law	Offense Laws concerned with protecting public safety, in which a jail sentence can be imposed. These laws declare what conduct is not acceptable and set the punishment for the commission.

Defendant	(1) A person who is charged with committing crime, in criminal law; (2) the person who is alleged to have violated the rights of another person in civil law; (3) the person against whom a legal proceeding is commenced.
Defense	Statements made and facts proven by a defendant in a court action as to why the plaintiff cannot prove his case, or should not win his case.
Defense counsel	Attorney for a defendant
Double Jeopardy	Constitutional prohibition against trying a person for the same crime more than once; ensures one trial per offense as long as the trial reaches a conclusion.

Forcible Entry and Detainer

A summary proceeding to restore land to someone who has wrongfully been deprived of that land or kept off of land he owns.

Habeus Corpus(writ of)	A document issued by a court ordering that a specific person be forcibly (writ of) brought into court. Literally means “bring the body”; today is used when an incarcerated person is required to be in court on a matter other than for the crime committed.
Hearing	A set time when both sides in a legal action present arguments to a judge concerning a matter which is set for trial.  Not as formal as a trial, and rules are generally lax.

JUDGES	Frontier Judges & Lawyers
Jurisdiction	The authority by which types of actions proceed in specific courts and states. In order to have jurisdiction over a person or thing, there must be sufficient connection with that state such that a person is not surprised to be called to be accountable by a court in that state.

Mandamus(Writ of)

An order issued by a court to a lower level court or to a public official (writ of) compelling that court or person to carry out a specific act of its or his official duty. Used when the plaintiff has a clear legal right, there is a corresponding duty in the defendant to perform an act protecting that right but refuses, and there is no other way to have that right protected.

Party	A person who is involved in a legal action; the plaintiff or defendant or a third person who is the subject of the action (such as a child in a custody matter).
Plaintiff	The person who initiates an action in court. In criminal cases, the state or Federal Government is the plaintiff.
Probate a will	Court proceeding by which a court determines the validity of will and whether to accept it or disapprove its validity.
Prosecution	(1)The plaintiff in an criminal action, always the government; (2) a criminal proceeding to determine the innocence guilt of a defendant.
Prosecuting Witness	In criminal law, a private person who was injured in an alleged act, and Witness upon whose instigation the state brings a defendant to trial and whose testimony is used to secure a guilty verdict; the victim.

Restitution	The act of putting the plaintiff back into the same position he occupied prior to any injurious action by the defendant, by restoring something to him or paying an amount money such that he can obtain the same item that was lost or destroyed.
Replevin  (Writ of)	A court order directing a sheriff, constable, or police officer to seize property wrongfully taken by another, describing the specific property to be seized and its location, allowing the sheriff to retain the property in his custody.

Summary Proceeding

Any proceedings which is deposed of in a quick manner, without a jury and in relatively simple manner.

Trial by jury

A judicial proceeding, formal in nature, in which the outcome is determined by six or twelve persons who are unrelated to any party in a case, and who are impartial with the ability to make a determination based solely upon the facts as they are heard in a court.  Trial by jury is a basic right guaranteed by the US Constitution.

Writ	A written order of a court requiring the performance of a specific act, and giving the authority to someone to perform that act.