Instructions
After all the evidence is in, and the lawyers have made their arguments, the judge outlines the questions to be decided and states the issues you must decide. The judge outlines the rules of law which must guide your deliberations.
Issue
A disputed question of fact which you must decide.
Mistrial
An erroneous or invalid trial. A mistrial is usually declared because of an error in the proceeding or when there was a hung jury. Cases that end in a mistrial have to be tried again at a later date.
Opening Statement
Before introducing any evidence in the case, a lawyer tells the jury what the case is about and what evidence is expected to be brought in to prove that side of the case. It is not evidence.
Overruled
The judge’s ruling that a lawyer’s objection is not well taken under the rules for conducting the trial. The judge’s ruling, so far as you are concerned, is final and may not be questioned.
Parties
The plaintiff and defendant in the case - also called the "litigants".
Pleadings
All the documents filed by the parties before the trial to establish what issues must be decided by the jury.
Peremptory Challenge
A procedure used in jury selection that allows an attorney to reject a prospective juror without having to give a reason for the dismissal. Each side is allowed a limited number of peremptory challenges.
Preponderance of Evidence
The general standard of proof in civil cases. The weight of evidence presented by one side is more convincing to the trier of facts than the evidence presented by the opposing side.
Probable Cause
Reasonable cause; having more evidence for than against; a reasonable belief that a crime has or is being committed; the basis for all lawful searches, seizures, and arrests.
Reasonable Doubt
If, in the minds of the jury, a doubt exists which may have arisen from the evidence, or lack of evidence, a doubt that would exist in the mind of a reasonable person after fully, fairly, and carefully considering all the evidence, or lack of evidence.
Rest
The lawyer concludes the evidence to be introduced at that stage of the trial.
Settlement
The conclusion of a legal matter; a compromised agreement between opposing parties in a civil suit before judgment is made, eliminating the need for a judge or jury to resolve the conflict.
Testimony
Any statement made by a witness under oath in a legal proceeding.
Transcript
The official record of proceedings in a trial or hearing, which is kept by the court reporter.
Verdict
The formal decision made by a judge or jury regarding the outcome of a case.
Voir Dire
(pronounced "vwar-deer") "To speak the truth." The process of preliminary examination of prospective jurors, by the court or attorneys, regarding their qualifications to sit on a particular case.
