Legal Terminology for Court Reporters

HIRE A LAWYER The lawyer who asked the defendant to appear for questioning. The accepting lawyer notices others based on the time and place of the testimony, summons the testimonor if necessary, orders the court reporter, and asks most questions. Jury – Persons selected in accordance with the law and sworn to investigate questions of fact and render a verdict. State court jurors can only be six jurors in some cases. Federal civil prosecutions must have six jurors, criminal prosecutions must have twelve. A sentence imposed by a court of law on an accused convicted of a crime. EMERGENCY At Atkinson-Baker, an emergency is a call that goes to the calendar service with immediate work for a court reporter that was not planned. This is sometimes referred to as “same-day filing.” Previous – A court decision in a previous case with facts and laws similar to a lawsuit currently pending in court. Precedents generally govern the disposition of a subsequent similar case, unless a party can prove that it was wrongly decided or significantly delayed. A precedent is binding, which means it must be followed.

Other precedents do not have to be followed by the court, but can be considered influential. A full-time judge serving the court. Compare with Senior Judge. At Atkinson-Baker, the people who take incoming orders for court reporters and record all the details required by the lawyer are called the “hiring department.” reverse – When an appellate court overturns a lower court`s decision due to an error. Overthrow is often followed by pre-trial detention. For example, if the defendant has argued on appeal that certain evidence should not have been used at trial and the Court of Appeal agrees, the case is withdrawn so that the trial court can reconsider the case without that evidence. A written order of a court ordering the person to whom it is addressed to perform or cease a particular act. A proceeding brought by a single party before the court, without the other party having notified or contested it. The representative of the bankruptcy estate who exercises legal powers, primarily for the benefit of unsecured creditors, under the general supervision of the court and the direct supervision of the U.S. trustee or receiver.

A trustee is a person or partnership appointed in all cases under Chapters 7, 12 and 13 and, in some cases, Chapter 11. The trustee`s duties include reviewing the debtor`s application and schedules, as well as bringing actions against creditors or the debtor to recover assets from the bankruptcy estate. In Chapter 7, the trustee liquidates the assets of the estate and makes distributions to creditors. Chapter 12 and 13 trustees have similar obligations to a Chapter 7 trustee and the additional responsibilities of monitoring the debtor`s plan, receiving payments from debtors, and making plan payments to creditors. A report prepared by a court probation officer after a person has been convicted of a crime and summarizing for the court the background information necessary to determine the appropriate sentence. The judicial officer who supervises the administrative functions, in particular the management of the flow of cases by the court. The clerk`s office is often referred to as the central nervous system of a court. HIRING A commission for a court reporter.

The act of scheduling a judicial report event. Geographical area in which a court has jurisdiction. A change of jurisdiction is a change or transfer of a case from one judicial district to another. LITIGATION A challenge before the courts for the purposes of performance of a contract or law. The formal decision of a court to finally settle the dispute between the parties to the dispute. 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.

The right as set out in previous court decisions. Synonymous with precedent. Similar to the common law, which stems from tradition and judicial decisions. Alford Plea – A plea from the accused that allows him to assert his innocence but allows the court to convict the accused without going through the trial. In essence, the defendant accepts that the evidence is sufficient to prove his guilt. Such advocacy is often made to negotiate an agreement with the prosecutor on less serious charges or a sentence. The judge`s position. Under the law, Congress approves the number of judges for each district court and appeals court. MEDICAL A judicial report mission in which the defendant testifies as a medical expert.

The court reporter must know the medical words and their spelling. With respect to civil actions in “equity” and not in “law”. In English legal history, courts of “law” could order the payment of damages and could offer no other remedy (see damages). A separate “fairness” tribunal could order someone to do something or stop something (e.g., injunction). In U.S. jurisprudence, federal courts have both legal and just power, but the distinction is always important. For example, a jury trial is generally available in “legal cases,” but not in “fairness” cases. Exhibit – Physical evidence or documents presented in legal proceedings.

Common exhibits include contracts, weapons, and photographs. A judgment granting a plaintiff the remedy sought in the application because the defendant did not appear in court or otherwise respond to the complaint. Appeal – An application at the end of a trial that asks another court (usually the Court of Appeal) to decide whether the proceedings were properly conducted. To make such a request is to “appeal” or “to appeal”. Both the plaintiff and the defendant can appeal, and the party who does so is called the plaintiff. Appeals may be made for a variety of reasons, including due process and asking the court to change its interpretation of the law. A court order preventing one or more named parties from acting. An injunction is often issued to allow for a finding of fact so that a judge can determine whether a permanent injunction is warranted. 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. Instructions from a judge to the jury before it begins deliberations on the substantive questions to be answered and the legislation to be applied. Federal Issue – Jurisdiction of federal courts in matters involving the interpretation and application of the United States Constitution, acts of Congress and treaties. In some cases, state courts can also decide these issues, but cases can still go to federal courts. “REPORTED” Used as a noun, a “reported” is a closed session of a court reporter. The reporter showed up at the meeting, testimony or hearing and noted what was being said.

Indictment – A procedure whereby a person accused of committing a crime is brought to trial, informed of the charges against him, and asked to plead guilty or not guilty.