Panel – (1) On appeal, a panel of judges (usually three) to decide the case; (2) In the jury selection process, the pool of potential jurors. Trial – A hearing that takes place when the defendant pleads “not guilty” and the parties must appear in court to present evidence. The clerk sits at the front of the court, just below the judge. They swear in front of the jury and coordinate the trial. Brief – A formal written order of the court that requires the performance of a specific act. Once the government is at rest, the defense has the opportunity to present witnesses and evidence to the jury. The defence also has the option of withholding the accused`s testimony. The defendant does not have to prove that he is innocent. It is the responsibility of the government to prove that the accused committed the crime described in the indictment.
The fact that an accused did not testify cannot be considered by the jury as evidence that the accused committed the crime. The defence may also waive its case. If the defence does not present evidence, the jury cannot assume that the accused is guilty simply because he did not defend himself. The decision to defend oneself rests solely with the accused and the defence counsel. However, the defense will usually present its own version of the case. advice – legal advice; A term used to refer to lawyers in a case. bench – “In bank” or “full bank”. Refers to hearings attended by all members of a tribunal, not the usual quorum.
U.S. appellate courts typically sit in panels of three judges, but may expand to a larger number in certain cases they deem important enough to be decided by the full court. They should then sit on a bench. Injunction – A court order prohibiting (or enforceing) the performance of a specific action to prevent irreparable harm. Defence Table – The table where the defence lawyer sits with the accused in the courtroom. Probation – An alternative sentence to imprisonment, in which the court releases convicted defendants under supervision as long as certain conditions are met. In the jury room, the jury discusses the case by carefully examining the evidence presented to the court by: The Constitution limits the court to dealing with “cases” and “controversies.” John Jay, the first chief justice, illustrated this reluctance early in the court`s history by refusing to advise President George Washington on the constitutional implications of a proposed foreign policy decision. The Court does not deliver an opinion; On the contrary, its function is limited to deciding specific cases. Objections In direct cross-examination or cross-examination, any lawyer may raise an objection to an issue or evidence with the judge. For example, a prosecutor or defence lawyer may refuse the wide range of direct examinations because it is beyond the knowledge of the witness, the lawyer is talking to the witness instead of asking questions, or the witness is talking about things that are not relevant to the case. Damages – money paid by defendants to successful plaintiffs in civil cases to compensate plaintiffs for their damages. Motion – An attempt to have a limited case heard in court.
Applications can be made before, during and after the process. Plea – In criminal proceedings, the defendant pleads “guilty” or “not guilty” in open court. An objection from Nolo Contendere or an Alford objection may also be raised. An admission of guilt allows the accused to waive a trial. Jury Instructions – A judge`s statement to the jury before the jury begins deliberations on the questions to be answered and the law applicable to the case. Each party offers jury instructions to the judge, but the judge chooses the final wording. Most of the time, a lawyer will not stop representing a client because he does not agree with his decision-making, unless a decision is illegal or highly unethical. However, if their disagreement prevents the lawyer from defending them effectively, the lawyer may attempt to withdraw. The judge decides whether to allow the lawyer to withdraw and allows the defendant to hire a new lawyer. As a general rule, the judge grants this request if it does not cause unnecessary delay or jeopardize the prosecution`s case.
uphold – The decision of an appellate court not to overturn a decision of a lower court. Also called “affirming”. Magistrate Judges – bailiffs who assist U.S. District Judges in preparing cases for trial.