Justice System Glossary
Answer:
A formal statement, generally written, stating the defense of a legal case (see pleading)
Acquittal:
The judgment of the court, based upon the verdict of the jury or judge, that a defendant is not guilty of the offense for which they have been tried.
Alleged:
A term to describe the crime or defendant prior to conviction.
Appeal:
To seek review of a court order or decision by a higher court. Criminal cases may be appealed to the appellate court and to the Supreme Court.
Appellant:
The person who disagrees with the initial court order or decision and seeks to have a higher court review the case.
Appellate Court:
A court having jurisdiction of appeal and review; not a “trial court.”
Arraignment:
A hearing before the court in which the identity of the defendant is established, the defendant is informed of the charges and his or her rights. The defendant is required to enter a plea of guilty or not guilty at the arraignment.
Associate District Court:
The court which handles misdemeanor offenses, bond setting and preliminary hearings.
Attorney:
A lawyer; one who is licensed to act as a representative for another in a legal matter or proceeding.
Bail:
Security, usually in the form of money or property, given to a court in exchange for the release of a person in custody or to assure their appearance in court at a later date. Bail is a right of all arrested persons prior to conviction except Class A felonies, felonious assault, sexual abuse in the second degree, kidnapping, robbery in the first degree, arson in the first degree or burglary in the first degree.
Beyond a Reasonable Doubt:
The burden of proof required for a criminal conviction. The evidence presented by the prosecutor must establish the defendant's guilt beyond a reasonable doubt.
Bind-Over:
The judge has determined that probable cause exists that the defendant committed the crime they are charged with and should stand trial.
Brief:
A written document presented to the court by a lawyer usually setting forth both facts and law in support of his or her case.
Burden of Proof:
In the law of evidence, the necessity or duty of affirmatively proving a fact or facts in dispute.
Case Law:
The law as formed by past court decisions, opinions, and interpretations.
Certiorari:
An original writ or court order commanding judges or officers of lower courts to certify or return records of proceedings in a case for judicial review.
Charges:
Formal accusation of having committed a criminal offense.
City Prosecutor:
An attorney appointed by a city who is authorized to handle only simple misdemeanor offenses occurring within city limits.
Code:
A collection of laws arranged into chapters, table of contents, and index and published by legislative authority.
Common Law:
The law as formed by court tradition and custom.
Compensation:
Reimbursement of a victim's out-of-pocket expenses that are incurred as the result of injury to the victim including psychological injury. Compensation is paid by the Crime Victim Assistance Division of the Attorney General's Office.
Complaint:
A document prepared by the prosecutor as a means for presenting the charges against the defendant to the court in certain types of cases which do not require an indictment.
Concurrent Sentences:
Sentences for different offenses which are served at the same time. The court determines if an offender's sentence will be concurrent or consecutive.
Consecutive Sentences:
Sentences for different offenses that are served one after the other. A defendant would complete one sentence and then begin the next.
Contempt of Court:
This is an offense that can occur in one of two ways:
(1) Disrespect or unacceptable behavior in the presence of the court, which can be punished immediately by the judge:
or (2) Outside the presence of the court, the failure to abide by an order of the court, in which a hearing will be held and unless the defendant can show cause why he should not be held in contempt, he will be sentenced.
Continuance:
The postponement of a legal Proceedings to another date or time.
Contract:
A mutual agreement between two or more parties, in which each party gives up something of value and gains another thing of value.
Conviction:
The judgment of the court, based upon the verdict of the jury or judge, that the defendant is guilty of the crime for which they were charged.
County attorney:
An attorney elected in a county or appointed by a County Board of Supervisors who is authorized to prosecute all offenses occurring within that county.
Criminal Appeals Attorney:
An attorney working in the Attorney General’s Office who prosecutes a case when it is appealed to the Iowa Court of Appeals or Supreme Court.
Damages:
An amount of money which may be recovered in the courts by any person who has suffered loss, detriment, or injury to his person, property or rights, through the unlawful act or negligence of another.
Decree:
A decision or order of the court. A final decree is one which fully and finally disposes of the litigation; an interlocutory decree is a provisional or preliminary decree which is not final.
Default:
A “default” in an action at law occurs when a defendant fails to appear at the trial or to plead within the time allowed.
Defendant:
The person accused of committing the crime.
Deferred sentence:
A jail or prison sentence that does not have to be served if the offender meets certain court requirements. If the offender meets the requirements, the record of the crime is eliminated.
Deposition:
The testimony of potential witnesses taken under oath outside of the courtroom. The testimony is transcribed word for word and may later be used in the court proceedings.
Dismissal:
The dropping of a case by a judge, sometimes at the request of the prosecutor
Dissent:
A term denoting the disagreement of one or more judges of a court with the decision of the majority.
District Court:
The court that handles all felony cases after the preliminary hearing in associate district court.
En Banc:
“On the Bench”; all judges or justices of the court sitting together to hear a case.
Evidence:
A fact presented before a court such as a statement of a witness, an object, etc., that bears on or establishes a point in question.
Felony:
A crime carrying a maximum penalty of more than two years in a state penitentiary.
Grand Jury:
A body of citizens which hears evidence presented by the prosecutor to determine whether there is enough evidence to justify an indictment.
Guilty Plea:
A defendant's admission of guilt to criminal charges. It can be used in a civil suit as an admission of liability.
Guilty Verdict:
The decision of a jury or judge finding a defendant guilty of the crime for which they were tried.
Habeas Corpus:
“You Have The Body.” The name given a variety of writs whose object is to bring a person before a court or judge. In most common usage, it is directed to the official or person detaining another, commanding that person to produce the body of the prisoner or person detained so the court may determine if such person had been denied his or her liberty without due process of law.
Hung Jury:
The inability of a jury to reach a verdict.
In Camera Hearing:
A hearing that is held in judges chambers without public or jury attendance.
Indictment:
A formal criminal charge made by a Grand Jury after considering evidence presented by the prosecutor.
Interrogatories:
Written questions propounded by one party and served on an adversary, who must provide written answers under oath; discovery procedure in preparation for a trial.
Judgment:
The order of the court stating that the defendant is acquitted or convicted of the offense for which they were tried. Not the same as verdict.
Jurisdiction:
The type of crime or judicial district that a court has authority over. (i.e. The Associate District Court has jurisdiction over misdemeanor offenses bond setting and preliminary hearings.)
Jury:
A certain number of people, selected according to law, and sworn to inquire of certain matters of fact and declare the truth upon evidence laid before them.
Lien:
An encumbrance upon property, usually as security for a debt or obligation.
Magistrate:
A person appointed by each county magistrate appointing commission to fulfill judicial functions. Magistrates have jurisdiction over simple misdemeanors, including traffic and ordinance violations, preliminary hearings and small claims. Magistrates also have jurisdiction over emergency detention and hospitalization. A magistrate is not required to be licensed to practice law.
Mandamus:
The name of a writ which issues from a court of superior jurisdiction, directed to a lower court or a public officer, commanding the performance of a particular act.
Miranda Hearing:
A hearing to determine if a defendants statement may be used against him/her at trial. The U.S. Supreme Court has determined that the defendant’s statement cannot be used in court unless made voluntarily.
Misdemeanor:
A crime carrying up to a maximum of two years in jail or prison.
Mistrial:
A trial that is declared invalid because of an error in court procedure or other wrongdoing. Outbursts by persons not under oath and inadmissible statements by attorneys can result in a mistrial. If a judge declares a mistrial the offender has not been found guilty, but may be ordered to stand trial again.
Motion:
A request by the prosecutor or defense attorney to the judge about a procedure or information in a trial.
Motion Hearing:
A hearing before a judge at which the prosecutor or the defense attorney may submit format request for orders or rulings by the judge. Such motions might have to do with evidence to be presented at trial or for psychiatric examination of the accused. Witnesses are sometimes required at motion hearings.
Motion to suppress:
A motion often filed by a defense attorney that certain information or evidence not be used at a trial.
Negligence:
The omission or neglect of reasonable precaution, care, or action.
No Bill:
A determination by the Grand Jury that the evidence presented by the prosecution is not sufficient to justify an indictment.
No Contest or Nolo Contendere:
A plea that is treated for purposes of sentencing in a criminal case as a guilty plea but cannot be used in a civil case to show liability for damages.
Not Guilty Verdict:
An acquittal by a jury or judge finding the defendant not guilty of the crime for which they were tried.
Notice of Appeal:
A filing made with the Iowa Supreme Court to appeal a ruling made by a trial court.
Notification Registration:
Registration with the County Attorney's office that prosecuted the case. When a victim registers, they will receive notification of any disposition or action in the case from either the Clerk of Court, Attorney General’s Office, Local Law Enforcement, the Department of Corrections/ Human Services at the institution where the offender is in custody, the Board of Parole, or the Governor’s office. (Notification can come from any and/or all of the above mentioned offices.)
Obstruction of Justice:
The use of force, or threat of force, to influence or intimidate a juror or witness. Obstruction of justice constitutes a crime and should be immediately reported to the police.
Offender:
An adult who has been convicted of a crime.
Opinion:
A formal statement by a judge or justice of the law bearing on a case.
Original Jurisdiction:
The power of a court to hear a case for the first time instead of waiting for the case to be tried in a lower court.
Original Notice:
The document filed in Small Claims Court to begin a lawsuit. The notice of the filing of a lawsuit served on a defendant, stating the time in which a response must be filed.
Parties:
The persons who are actively concerned in the prosecution or defense of a legal proceeding.
Parole:
The conditiona1 release of, an offender from prison by the parole board prior to serving their full sentence.
Parole Hearing:
A hearing held by the parole board to determine if the offender should be released from prison prior to. serving their full sentence.
Perjury:
Deliberate lying under oath. Perjury is a crime punishable by a severe penalty.
Petition:
Written application to a court requesting a remedy available under law.
Plaintiff:
A person who bring an action; the party who complains or sues in a personal action and is so named on the record.
Plea:
When the defendant is asked by the judge whether he wishes to admit guilt, or to deny it and go to trial on the charges, his answer is the plea, which may be either guilty or not guilty.
Plea Bargain:
An agreement between the prosecutor; defense attorney and defendant to reduce the charges against the defendant to a lesser crime or one that carries a lesser sentence.
Pleading:
The process by which the parties in a suit or action alternately present written statements o their contentions, each responsive to that which proceeds in each serving to narrow the field of controversy. A formal statement, generally written, propounding the case of action or the defense of a legal case.
Preliminary Hearing:
A hearing before the court to determine if probable cause exists. The court must decide whether or not a crime has been committed; whether the crime occurred within the jurisdiction of the court; and whether there is reasonable grounds to believe that the defendant committed the crime.
Pre-Trial Release:
The release of a defendant from custody prior to trial. The defendant may be released on their own recognizance or be required to post bail.
Preponderance of Evidence:
The burden of proof required in civil cases. A lesser burden than required in criminal cases.
Pre-sentence Investigation:
An investigation done by the department of corrections on a convicted offender prior to sentencing. The investigation includes information about the offenders character and background, as well as any victim impact statements. The investigation report is meant to assist the judge in determining a fair sentence.
Prima Facie:
So far as can be judged from the disclosure; presumably; a fact presumed to be true unless disproved by some evidence to the contrary.
Probable Cause:
The burden of proof necessary to make an arrest. A set of facts or circumstances which would cause a reasonably intelligent and prudent person to believe that a crime had been committed and that a particular person committed the crime. The standard of proof required at a preliminary hearing to bind-the defendant over to district court. For probable cause, the information must show that a crime was committed and that the defendant is the one who likely committed it.
Probate:
Proceedings in which the court has jurisdiction over the personal representative and assets of the deceased to determine heirs and settle the business affairs of the deceased; protects heirs from fraud and embezzlement; protects federal and state governments so all taxes are paid by the estate; protects creditors of the deceased.
Probation:
The conditional release of an offender after conviction without requiring the offender to go to prison. Probation is granted by the court.
Prosecute:
To initiate legal or criminal court action against an accused.
Prosecutor:
The county attorney, city prosecutor, or criminal appeals attorney in the attorney generals office who represents the state in the prosecution of a crime.
Prosecutorial Discretion:
The authority of the elected or appointed attorney to decide which actions to file criminal charges on.
Retainer:
Act of the client in employing an attorney or counsel; denotes the fee which the client pays when retaining an attorney to act for him or her.
Restitution:
Part of an offender's sentence by the court requiring the offender to make payment to the victim for property damage or injury caused by the crime. Restitution can also be ordered for Crime Victim Assistance Division reimbursement, court costs, and the cost of a court appointed or public defense attorney.
Sentence:
The ruling of a judge as to what the convicted offender must do because of the crime. A sentence may include an order for jail or prison time, a fine or penalty, performance of community service, attendance at special training or counseling, restrict behavior or contact with certain persons, and restitution to victims of the crime.
Statutory Law:
The law as passed by the legislature, signed by the governor, and contained in the Iowa Code
Stipulation:
An agreement between the prosecutor and defense attorney generally relating to evidence at trial.
Subpoena:
A written official summons to appear in court to give testimony under possible penalty of law for failure to appear.
Suspended Sentence:
The suspension of a jail or prison sentence if the offender meets certain requirements. The conviction stays on the offenders record.
Testimony:
Spoken evidence given by a competent witness, under oath, as distinguished from evidence derived from writings and other sources.
Tort:
An injury or wrong committed, either with or without force, to the person or property of another.
Transcript:
The official record of proceedings in a trial or hearing.
Trial:
A criminal proceeding held in a court to examine the facts and laws in a case for the purpose of reaching a judgment of conviction or acquittal of the defendant.
Trial Information:
A charge filed by the prosecutor stating the facts and conduct which form the alleged criminal offense.
Verdict:
The decision of the jury or judge that the defendant is guilty or not guilty of the offense for which they were tried.
Victim Impact Statement:
A written or oral statement which is given by a victim to be used with the presentence investigation report or given to the judge prior to sentencing. The victim impact statement includes an account of the victim's physical injury and economic loss, a report of the impact of the crime on the victim's personal welfare and family relationships, and any request for psychological services for the victim or family affected.
Voir Dire:
The process of questioning potential jurors.
Witness:
One who testifies to what he or she has seen, heard, or otherwise observed; or to his or her opinion based upon a hypothetical statement.
Writ:
An order issuing from a court requiring the performance of a specified act, or giving authority and commission to have it done.