Termes salles d’audience
Whether you’re in court as a party to the case, an observer, or simply curious about what goes on in a courtroom, it’s important to have an understanding of some of the terms used. Even if you think you’ll never be involved in a legal case, you never know when these terms might come up in conversation or if you’ll find yourself in a courtroom one day.
Legal terms are famous for being confusing and often require a specialized understanding of the law. Even if you think you know the meanings of many words, you may be surprised to learn how they are used in a legal context. In this article, we examine some commonly used terms that everyone should understand before entering a court of law
What are the words used in a courtroom?
Probation officer
A probation officer is a trained professional who works with individuals who have been placed on probation by a court. The probation officer monitors the individual’s behavior and ensures that they are following the conditions of their probation.
In a legal context, a probation officer is responsible for ensuring that an individual obeys the court’s orders and any other requirements imposed under the terms of their probation. Therefore, it’s important for the individual to know and understand what type of behavior is expected of them.
Bailiff
The bailiff’s job is to keep the courtroom running smoothly and according to law. They are usually present during judicial proceedings and can act as an intermediary between the judge, jury, and other court personnel. The bailiff’s duties also include issuing orders to those entering the courtroom, swearing in witnesses, calling out any disruptions or outbursts from spectators, and making sure that all jurors adhere to the court’s rules.
Witness
A witness is a person who has knowledge of the facts of a case and can offer testimony in support or against either side. Witnesses are usually called by both sides of a case in order to provide an impartial account of what happened. The witness may be asked questions about their observations or experiences in order to determine the truth of a matter. Depending on the type of case, witnesses may be asked to provide additional evidence such as documents, photographs, or other tangible items that are relevant to the case.
Supreme Court
The Supreme Court of Canada is the highest court in the Canadian judicial system, and its decisions serve as binding precedent for all other courts in the country. It hears appeals from the provincial and territorial courts, as well as appeals from the federal court. A Chief Justice presides over the nine-member bench that makes up the Supreme Court.
Opening Statement
An opening statement is an introduction given by one side at the beginning of a legal proceeding. Its purpose is to provide the judge or jury with an overview of the facts and evidence that will be presented during the case. The opening statement is a chance for one side to present their version of events. It’s followed by the opposing side’s opening statement. The opening statements are then followed by witness testimonies and closing arguments.
Testimony of a witness
A witness is a person who provides testimony in court by describing events they observed or participated in. The testimony of a witness is their sworn statement given in court about their knowledge of a case.
The testimony of a witness is important because it can provide an impartial account of the facts and evidence related to a case. It allows for each side of a legal proceeding to present their version of events. It can provide insight into how witnesses experienced or perceived the situation in question. Testimony also serves as an important source of information for judges and juries when making decisions about cases.
District court
A district court is a lower court with jurisdiction over criminal, civil, and sometimes even small claims cases. It’s lower than the appellate level, where appeals are heard, but it’s higher than the magistrate court.
District courts can hear cases involving a variety of issues and parties, such as disputes between two people or businesses, bankruptcy proceedings, probate matters, and juvenile delinquency. The district court also handles preliminary hearings and arraignments in a criminal offense.
Legal authority
Having legal authority means having the power to make and enforce laws through the judicial system. For example, the Supreme Court of Canada is the highest court in the country and has the power to interpret laws and make decisions that are binding on all other courts. Legal authority also encompasses a court’s ability to apply existing laws in new or different situations, as well as its power to create precedent by making decisions that set an example for future cases.
To prove beyond a reasonable doubt
The prosecution has the burden of establishing guilt beyond a reasonable doubt in a criminal trial. Because of this, the jury must be convinced that the defendant is responsible for the crime. This is important under English criminal law, as it helps protect innocent people from being wrongfully convicted. The prosecution must provide enough evidence for the jury to feel certain that the defendant is guilty of the crime in question.
Closing argument
A closing argument is a summation of each side’s case given by their lawyers at the end of a trial or hearing. The closing argument is a chance for each side to summarize the evidence they have presented and make their final arguments as to why the judge or jury should find in their favor. The closing argument provides a concise way of summarizing the case, highlighting important facts, and reinforcing each side’s testimony. It can be used to help jurors make informed decisions.
Served at the same time
When documents are served at the same time, it means that they are delivered to the recipient simultaneously. This can be done by mailing or delivering the documents to the recipient one after another. It can also be done electronically, where the documents are sent via email or other forms of digital communication. Serving documents at the same time ensures that all necessary information is provided to the recipient in a timely manner and helps prevent any delays in proceedings.
Cross-examination
When one side of a trial questions the other’s witness, this is called cross-examination. In this setting, the other side has the chance to cast doubt on the credibility of the witness. Cross-examination is important as it allows the opposing party to challenge the witness’s version of events, present alternative theories or interpretations of the facts, and point out inconsistencies in the witness’s testimony. This helps both parties to get a better understanding of what actually happened in order to make an informed decision.
Objection
The term “objection” refers to a statement made by an attorney during a trial or hearing to question the validity of evidence or testimony. The attorney typically states their objection and explains why they believe the evidence should not be considered by the court. Objections are an important tool in the courtroom, as they help ensure a fair and unbiased trial. They also serve to protect the rights of both parties and help ensure that only relevant and reliable evidence is used in a trial.
Motion to dismiss
A motion to dismiss is a legal request made by one party to the court asking them to end a case without a verdict or judgment being issued. This can happen if there are procedural errors, lack of evidence, or other factors that make it impossible for the court to render a decision.
Motions to dismiss are often filed at the beginning of a trial or hearing, as they can help save time and money if granted by the court. They also serve to ensure that justice is served and that the case is decided on its merits rather than on technicalities.
Verdict
A verdict is the final decision made by a judge or jury in a legal proceeding. It is typically given in civil cases, where the jury must decide whether one party is liable for damages and/or owes money to another party. A verdict can also be used to create precedent by making decisions that set an example for future cases.
Plead guilty
When a defendant pleads guilty, they admit to the crime they are accused of committing. This might be done as part of a plea bargain, where the defendant agrees to plead guilty in exchange for a reduced sentence or other leniency from the court.
Grand jury
A grand jury is a special panel of citizens who are convened to hear the prosecution’s case and determine whether or not there is sufficient evidence to press criminal charges against the accused.
Failed to examine potential witness
If a party fails to examine a potential witness, it means that they did not question the witness or present their testimony in court. However, during the discovery process, both parties have the right to examine potential witnesses in order to gather information about the case. This may involve asking the witness questions or reviewing any documents that they may have related to the case. It’s important for both parties to fully utilize the discovery process in order to ensure that all relevant information is brought to light in court.
Circuit court
A circuit court is a court of general jurisdiction that handles criminal and civil cases. On the other hand, federal courts are those that handle cases involving federal laws or the Constitution. For example, a traffic infraction such as speeding is typically handled by the local municipal court. This court is an administrative body and it doesn’t have the power to hear criminal cases or pass sentences. Instead, it’s tasked with resolving minor legal disputes such as traffic violations.
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