Common Legal Terms

Common Legal Terms
The following is a list of common legal termsused by the Department of Justice in ONX's San Andreas.
Accurate as of March 5th, 2024.
Term: 	Definition:
Acquittal 	A judgment that a person is not guilty of the crime with which the person has been charged.
Affirmative Defense 	When the defense introduces evidence, which, if found to be credible, will negate criminal liability even if it is proven that the defendant committed the alleged acts. Example, self defense.
Beyond a Reasonable Doubt	The legal burden of proof required for a conviction in a criminal case. The prosecution bears the burden of proving that the defendant is guilty beyond all reasonable doubt.
Burden of Proof 	The burden of proof is a legal standard that requires parties to provide evidence to demonstrate that a claim is valid. In criminal trials this is "beyond a reasonable doubt" and for civil trials it is "with a preponderance of evidence".
Character Witness 	Typically resevered for sentencing or bail hearings, a witness that speaks to the good nature of the defendant. Allows the prosecution to introduce a character witness that can testify to the defendant’s bad character. Prosecution can only do this if the defense has already introduced a character witness first.
Closing Statement 	An attorneys final address to the judge in which the attorney summarizes the evidence and his or her client's position before the judge puts the court in recess for deliberation.
Compel 	A motion that may be made on the docket. It is a formal request to the court to require a party or a non-party in a lawsuit to comply with a discovery request.
Cross Examination 	The secondary line of questioning for a witness that occurs after a direct examination. The questions must stay within the scope of the first line of questioning. Leading is allowed during a cross-examination and the witness is considered hostile.
Defense 	A general term for the effort of an attorney representing a defendant during trial.
Deliberation 	The action a judge takes after both parties of a trial present witness testimony and evidence of analyzing or carefully considering the evidence, facts, the law, or other matters of the trial.
Direct Examination 	This is the initial questioning of a witness by the attorney that called them to the stand.
Directed Verdict 	This motion is made after the prosecution has presented their case in the courtroom. Only the prosecution is able to make this motion.
Discovery 	This is the formal process of exchanging information between the parties about the witnesses and evidence they will present at trial. Discovery enables the parties to know before the trial begins what evidence may be presented.
Dismiss 	The court's decision to terminate a court case without imposing liability on the defendant.
Expert Witness 	A witness that testifies about conclusions that may be drawn based on their expertise. Example, a doctor or medical professional testifying to a medical report.
Eye Witness 	This is a witness who was present and viewed the incident that is being alleged at trial.
General Damages 	Financial relief sought in a civil matter. These are damages not based on a monetary loss; tends to include pain and suffering and mental anguish.
Guilty 	The admission by a defendant that they have committed the crime they were charged with, or the finding by a judge that the defendant has committed the crime.
Hostile Witness 	A witness who is being openly antagonistic or argumentative, or whose statements appear contrary. Either party may motion to treat a witness as hostile during a direct examination. If granted, the attorney is able to lead the witness. A witness is already considered hostile during a cross examination.
Impeach 	Either party may impeach a witness. This typically occurs during cross examination. A witness may not be called for the sole purpose of impeachment. Reasons for impeachment can include: bias, incompetency, prior convictions (example: perjury), or inconsistent or contradicting testimony.
Liable 	To be held legally responsible in civil proceedings.
Mistrial 	A trial rendered invalid through an error in the proceedings.
Not Guilty 	Refers to an individual who is not responsible for the crime that they are accused of in a criminal proceeding.
Not Liable 	A person or entity is found to not be legally responsible in civil proceedings.
Objection 	A formal protest raised by a party or counsel during a legal proceeding asserting that an error, contrary to the rules of court or procedure, has been.
Opening Statement 	An attorneys first opportunity to address the judge with a summary of the case; it might include a summary of the facts and an outline of the evidence that the attorney plans to present. The plaintiff or prosection will present their statement first.
Overruled 	Objection is denied.
Plaintiff 	The person or group who is accusing another person or group of a civil wrong.
Preponderance of Evidence	The amount of proof necessary for civil trials; is it more likely than not that the events occurred.
Prosecution 	Refers to the District Attorneys Office that is responsible for pressing criminal charges against an individual in a court of law.
Punitive Damages 	Financial relief sought in a civil matter. Meant to punish the defendant. Plaintiff must prove malice or ill will.
Recall 	Refers to requesting a witness who has already given testimony to give further testimony.
Recess 	A break in the trial.
Redirect Examination 	The line of questioning that occurs after a cross examination. Questions must stay within the scope of what was discussed during the cross examination. The ability to lead is granted during a redirect examination.
Sever 	A motion typically made by the defense that asks the court to separate a defendant from other defendants in the same case.
Special Damages 	Financial relief sought in a civil matter. Special damages are out of pocket. This includes medical bills and loss wages.
Strike 	A request to a judge that part of or an entire witnesses line of questioning be removed from the record.
Summary Judgment 	A motion made by one party in a court case for the judge to render a verdict on the docket, without a full trial.
Supress 	A motion to prevent evidence, a witness, or witness testimony from appearing or testifying in trial or on the docket.
Sustained 	Objection is granted.
With Prejudice 	A case dismissed with prejudice prevents the plaintiff or prosecution from refiling a case on the docket.
Without Prejudice 	A case dismissed with out prejudice closes the current case on the docket but allows the plaintiff or prosecution to refile the case at a later date.