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If you have ever been charged with a crime, or even
if you have only watched legal television shows, you
have probably heard many unfamiliar and perplexing
legal terms.
Courtroom proceedings are filled with archaic
words, often Latin or Latin derivatives, that are
meant to simplify legal concepts. The following is a
list of terms you may hear:
- Arraignment -- A court proceeding where
the charges against you are officially read. You
are required to enter a plea of guilty, not
guilty, or, in some instances, "no
contest."
- Pro se/pro per -- This basically means
you are representing yourself and that you don't
have a lawyer.
- Corpus delecti -- The body or essence of
a crime (e.g., a body or a knife, or the elements
of a crime).
- Beyond a reasonable doubt -- The burden
of proof that a prosecutor must meet before you
can be found guilty of a crime.
- Preliminary hearing -- This is like a
mock trial where the prosecution tries to produce
sufficient evidence that the case should proceed
to a full trial. All the prosecuter must establish
is that more likely than not you were involved. If
the prosecution fails, the case is dismissed.
- Voir dire (pronounced either: "vwa
deer" or "vwa dire") -- This is a
jury selection process where both the defense and
the prosecutor question potential jurors. Both are
allowed to excuse a certain number of potential
jurors.
- Habeas corpus -- Literally, this term
means "you have the body." In reality,
prisoners file writs of habeas corpus to challenge
the legality of their continued incarceration.
- Ipso facto -- Another Latin term that
generally means "by the mere fact of/by the
fact itself." It means that something is so
apparent that it does not need to be explained any
further.
- JNOV ("judgment non obstante
verdicto/judgment notwithstanding the
verdict") -- This term is used when a judge
reverses a jury verdict due to insufficient
evidence or incorrect application of the law.
- Lex loci fori -- This Latin term means
that a judge will apply the law of the local
forum.
- Nolo contendre -- This is a plea entered
by a defendant that equates to "no
contest," which means that they neither admit
or deny guilt. However, it is, functionally, a
guilty plea. The purpose for such a plea is that
it cannot be used against you in a related civil
trial.
- Statute of limitations -- A certain
amount of time a prosecutor has to bring a claim
against you.
- Sua sponte -- Translated as "on its
own motion," this is when a judge makes a
decision that neither party asked for.
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