Legal English –Mason 1
Legal Concepts
1. ________________
(1) A legal system of “codes” developed from
Roman law based primarily on statutes and
laws enacted by legislatures;
(2) The area of the law concerned with non-
criminal matters, rights and remedies
2. ________________
A legal system developed in England and in use
in most former English colonies based on
customs, usage and court decisions (also case
law, judge-made law) in addition to statutes
3. ________________
The area of the law related to government
punishment, including fines and/or
imprisonment, of people who violate laws for
the protection with property, health, safety,
and moral welfare of people (also penal law)
Legal Profession
4. The Bar:
The association of lawyers as an institution, said
especially of lawyers who primarily appear in
court
5. ________________
In England, a lawyer who consults with clients
and prepares legal documents but is not
generally heard in court. Solicitors now have
limited rights of audience in the lower courts
6. ________________
In England, a lawyer with advanced training and
experience whose primary function is to be an
advocate, both orally and in writing, for parties
engaged in formal legal disputes in courts or
tribunals. Barristers are “admitted to the Bar”
and have the right of audience in all courts.
Starting a Claim
7. ________________ (UK)/________________ (US):
The person/party who starts a claim/civil case
by filing a formal notice of dispute in court; one
who asserts a right or demand in court
8. Defendant/Respondent:
The person/party who is identified as
responsible for injuring a claimant/plaintiff and
is called on to defending against the claim/civil
case filed by the claimant/plaintiff
9. Complaint:
In civil law, the document filed by the
claimant/plaintiff setting forth the facts which
give rise to his/her dispute with the
defendant/respondent on which the claim is
based
10. File a Claim / Sue:
1) To petition a court for redress of grievances
or a remedy for the violation of a right;
2) To begin court proceedings
General Vocabulary
11. Allegation/To Allege:
a statement that has not (yet) been proven to
be true (and which may not be proven to be
true in the future) claiming that someone has
done something wrong or illegal; A formal
declaration of facts
Consider: accusation/to accuse
12. Assets:
________________
13. Breach:
(1) v. To break a legal obligation;
(2) n. The violation or infraction of a law or
legal obligation
14. ________________
Loss or harm to person or property
15. Damages:
Money claimed by, or ordered to be paid to, a
claimant as compensation for loss or injury
caused by a defendant;
compensation sought from a defendant
16. Debts:
________________
17. Drafting/To Draft:
The act of writing of a document
18. Fixed:
Something that is certain and cannot be
changed
19. ________________
One that owns real property and rents or leases
the property to a tenant
20. Litigation/Litigate/Litigator:
1. “Litigation” n.: The process of pursuing or
defending a claim in court; a lawsuit
2. “Litigate” v.: To pursue or defend a claim in
court;
3. “Litigator” n.: A lawyer who advocates for
clients in court.
21. To Merge/Merger
When two or more separate companies join
together to form one company
22. Procedure:
A decided or fixed way of doing something
23. ________________
One that pays rent to use or occupy land, a
building, or other real property.
24. A Will
A legal document in which a person gives
details of what they want to happen to their
assets after their death
 Legal English –Mason 2
Bank Terms
1. Accrue:
To grow or accumulate (e.g., interest)
2. Arrears:
The amount of money that a debtor has failed to
repay within the time specified in the loan
document
3. Balance:
The amount of money in a bank account
4. Bank Branch:
_______________________________________
5. Bank Transfer:
Money moved from one account to another;
The process of moving money between accounts
6. __________ Card
A plastic payment card that allows a person at a
point of purchase to electronically borrow
money from a bank pay for goods or services
with the promise to repay the money with
interest
7. __________ Card:
A plastic payment card that can be used at a
point of purchase to electronically transfer
money directly from the user’s bank account to
the seller for goods or services; the money
comes directly from the user’s bank account and
is similar to paying with cash
8. Default:
The omission or failure to perform a legal or
contractual duty, particularly, the failure to pay a
debt when due
9. Deposit:
_______________________________________
10. Disclose/Disclosure:
(1) v. To reveal or make known information;
(2) n. The information revealed or made known.
11. Eligible/Eligibility:
To be fit and proper to be selected or to receive
a benefit; legally qualified for an office,
privilege, or status;
12. Fee:
Money paid for professional services
13. Marital status:
_______________________________________
_______________________________________
14. Notify/Notice/Notification
(1) To inform a person or group of an event,
either, orally or in writing;
(2) Notice/Notification - information given to a
person or group;
(3) “Put on notice” means to give a person or
group a formal warning
15. Owe:
To have an obligation to repay or provide
something; N.B. do not confuse with Own,
which means to possess something
16. Withdraw
_______________________________________
Loan Terms
17. _______________
Obtain or receive something on loan with the
promise of returning it or its equivalent
18. _______________
Someone who obtains or receives something
with the promise of returning it in the future
19. Installment loan
A loan that is repaid over time with a number of
regularly scheduled payments. A mortgage is a
type of installment loan.
20. _______________
(1) The amount of money that a bank charges
for a loan;
(2) The amount of money a bank pays a
customer for use of money deposited in an
account
21. Interest rate
The percentage of an amount of money that a
lender charges a borrower to use the money for a
period of time (often a year, called the Annual
Percentage Rate - APR)
22. _______________
Someone who provides another with temporarily
use of something (e.g., money) on condition that
it be returned, usually with an interest fee
23. Loan/Lend:
v.: To grant or allow someone the temporary use
of something
24. Loan
n.: A borrowed sum of money
25. Purchase: acquire (something) by paying for it; buy
26. Secured Loan
A loan agreement in which the borrower agrees
to give the lender (i.e., pledges) a valuable asset
(e.g., a car or land) if the borrower fails to repay
the money as agreed. The pledged asset is
called the “security” or “collateral” for the loan
27. Security (for a loan):
An asset a borrower pledges to guarantee the
repayment of a loan, satisfaction of an
obligation, or compliance with an agreement;
collateral
Property
28. Real property:
Land and anything fixed, immovable, or
permanently attached to it
29. Personal property:
Any movable or intangible thing that is subject
to ownership and not classified as real property
 Legal English –Mason 3
Contract Terms
Elements of a contract:
1. ____________________
2. ____________________
3. ____________________
4. ____________________
5. Acceptance:
An unconditional agreement to what has
been proposed by the other party:
6. ____________________
Something of value given by one party to a
contract to the other party to the contract.
Consideration may be money, an act, a
promise to act, or a promise not to act (i.e.,
forbearance). To form a valid contract, each
party must give consideration to the other
party. Once they have exchanged
consideration the parties are bound to
perform the contract.
7. Duress:
A threat of harm made to compel a person to
do something against his or her will or
judgment. (E.g., “The contract was invalid
because he signed it under duress.”)
8. Enforceable
Something (e.g., a promise) to which the
law will give effect or support
9. Intention/Intent/Intentional
Willingness to bring about something
planned or foreseen; purpose; not accidental;
the state of mind of one who desires to bring
about a particular consequence
10. Liability/Liable
Legal responsibility for injury to another or
to society, enforceable by civil remedy or
criminal punishment
11. _____________________
A proposal to enter into a contract on
specified terms made in a way that would
lead a reasonable person to understand that
an acceptance, having been sought, will
result in a binding contract.
12. Offeree:
___________________________________
13. Offeror:
___________________________________
14. Promise / Promisee / Promisor
An undertaking given by one person (the
promisor) to another (the promisee) to do or
refrain from doing something
15. __________________________
A person who is not a party to a lawsuit,
agreement, or other transaction but who is
somehow implicated in or stands to benefit
or injured by the results
16. Valid
Legally sufficient and binding (e.g., “a valid
contract”)
17. _______________
Having no present legal effect; invalid; not
binding
Litigation Terms
18. Appeal
n.: a procedure by which an appellant seeks
review of a lower court’s decision by a
higher court.
v.: to ask a higher court to reverse the decision
of a trial court
19. Appellant
The party who applies to a higher court to
review a decision made by a lower court
20. Appellee – the respondent in an appeal
21. Trial Court
A court of original jurisdiction where the
evidence is first received and considered and
facts are found; Court of First Instance.
22. Trial:
A formal adversarial proceeding over which
a judge presides for the receipt and
examination of evidence and determination
of legal claims; in a jury trial a panel of
citizens makes the determinations; in a
bench trial a judge(s) makes the
determinations.
23. Binding:
Having legal force; requiring obedience
24. Dispute:
A conflict or controversy, (especially a
conflict that has given rise to a lawsuit)
25. Distinguishable / To distinguish
In common law, said of a case or precedent
that is different from, and therefore not
applicable to, another case or precedent
26. Jurisdiction:
A subject matter or a geographic area over
which political or judicial authority may be
exercised. (E.g., “The court has jurisdiction
over civil claims in Tbilisi.”)
27. _____________________
A decided case that furnishes a basis for
determining later cases involving similar
facts or issues
 Legal English –Mason 4
General Employment Terms
1. Annual:
__________________________
2. ____________
Once every two weeks
3. Confidentiality:
Keeping certain information secret
4. Contract Term (2 meanings):
(1) n. the duration of a contract;
(2) n. a provision in a contract
5. Discrimination (illegal):
Treating one or more members of a
specified group unfairly as compared with
other people, (E.g., “Many countries
prohibit employment discrimination based
on race, age, sex, nationality, religion, or
disability.”
6. Dismissal:
An employer’s decision to remove an
employee from an office or position;
termination of employment
7. Employer
A person who engages another (the
employee) to work under her direction and
control in return for a wage or salary
8. Employee
A person who contracts to work for and
under the direction another in exchange for a
wage or salary
9. Fixed-term Contract:
A contract with a set duration, usually with
a fixed start and end date
10. ______________ Employee:
An employee who works a standard full
work week
11. Harassment/To harass
Words or actions, usually repeated, that are
intended to and do cause a person
significant distress; illegal harassment are
such words or actions related to a legally
protected status (e.g., race, sex, national
origin, religion)
12. Misconduct:
___________________________________
___________________________________
13. Non-Competition Clause / Non-Compete:
A clause in an agreement whereby the
employee agrees not to engage in a business
similar to his or her current employer’s
business
14. Part-time Employee:
An employee who works less than a
standard full work week
15. Payroll:
A list of employees (i.e., a roll) to be paid
for work performed and the amount due to
each
16. ______________ Employee:
An employee whose employment
relationship does not have a fixed end date
17. Resign/Resignation
When an employee decides to leave an
office or position; an employee’s decision to
formally end the employment relationship
18. Retire / Retirement
Termination of employment based on
attaining a certain age or a certain number of
years of service; usually associated with the
right to draw a pension
19. ______________ Employee:
An employee whose term of employment
has a fixed start and end date
20. Termination:
The act of ending something; an employer’s
decision to end the employment relationship
Employee benefits
21. Pension:
A sum of money paid regularly after an
employee has ceased to work because she
has attained a certain age or number of years
of service; a retirement benefit
22. Sick Pay:
___________________________________
___________________________________
23. _______________
Compensation paid an employee for all
services rendered during a specified, regular
period (e.g. monthly) as distinguished from
an hourly wage
24. ________________
Compensation paid an employee based on
time worked or output of production, as
distinguished from a monthly salary
25. Vacation Pay:
___________________________________
___________________________________
___________________________________
 Legal English –Mason 5
Torts:
1. Law of Tort:
Those laws based on the principle that
everyone has a civil duty to be careful and
not to hurt or harm another person
2. Heads of Tort:
___________________________________
___________________________________
3. Tortfeasor:
___________________________________
___________________________________
4. Trespass:
Wrongful entry on another's land
5. _______________
The threat or use of force on another that
causes a person to reasonably fear that they
will be subjected to harmful or offensive
contact
6. _______________
The use of force against another, resulting in
harmful or offensive contact
7. _______________
Interference with another’s use or enjoyment
of their property
8. _______________
Restraining a person without justification or
consent
9. _______________
Injuring the reputation of another by making
a false statement to a third person
General Vocabulary
10. Actionable:
Furnishing the legal grounds for a lawsuit or
other legal action
11. Cite (v) / Citation (n)
To make reference to a legal authority, such
as a case, statute, treatise
12. Compensate / Compensation:
(1) v. To pay for services rendered;
(2) v. To pay for injuries or a loss inflicted
on another
(3) n. The amount paid for services or injury
13. Conduct
(1) The manner in which a person behaves;
behavior;
(Compare/Contrast misconduct which
means “bad behavior.”)
14. Duty of Care:
(1) The civil duty to be careful and not to
hurt or harm another person.
2) The legal obligation to take reasonable
care to avoid causing damage. (E.g., “There
is no liability in tort for negligence unless
the act or omission that causes damage is a
breach of a duty of care owed to the
claimant.”
15. Foreseeable:
Something that can be reasonably
anticipated;
(Contrast unforeseeable which means
something that cannot be seen ahead of
time; unanticipated.)
16. Harm:
___________________________________
___________________________________
17. Negligence / Negligent
The tort that results when a breach of the
general duty of care causes injury to another
(I.e., The claim that permits one to recover
damages for injury resulting from another’s
failure to exercise the degree of care that a
reasonably prudent person would have
exercised in a similar situation)
18. Omission / Omit
(1) n., The failure to do something;
(2) n., The act of leaving something out;
(3) v., To fail to do something or to leave
something out
19. Proof:
Evidence that determines the judgment of a
court; evidence that establishes an element
of a legal claim (E.g., “The threat was proof
of intent to murder.”)
20. Remedy:
(1) Anything a court can do to compensate a
party for or protect them from a wrongful
injury
(2) Any of the methods available to a court
of law for the enforcement, protection, or
recovery of rights or for providing redress
for their infringement
21. Remote:
___________________________________
___________________________________
 Legal English –Mason 6
Drafting a contract
1. Clause:
A distinct section or provision of a legal
document or instrument
2. Parties to a contract;
___________________________________
___________________________________
3. Punctuation
Marks used to divide writing into different
sections or assist with understanding (e.g.
periods (.), commas (,), question marks (?),
quotation marks (“ ”), ellipses (. . .))
4. _______________ section of a contract:
That part of an agreement that contains
background information and explains why
the parties want to enter into the agreement
5. _______________ section of a contract:
A list of words and specific meanings that
the parties attach to those words as used in
the contact. The parties and courts can rely
on these definitions when interpreting the
contract.
6. A contract precedent:
A model contract that already exists; a
template; a “go by.” Lawyers frequently use
a contact precedent when drafting a similar
contract.
7. “From scratch”:
___________________________________
___________________________________
General Vocabulary
8. Arbitration:
The process in which parties to a dispute
give a third party, outside the judicial
system, the authority to issue a binding
resolution of their dispute or legal problem;
a form of Alternative Dispute Resolution
9. Exception:
Something that is not included in a general
rule
10. A Right:
Legal entitlement to do or to have
something
11. In Effect
In operation or in force; valid
12. Non-negotiable:
Cannot be changed, fixed
13. Evidence:
Something, such as testimony, documents,
objects or observations, that tends to prove
or disprove the existence of an alleged fact
(E.g., “The bloody glove was evidence of
the defendant’s involvement in the
murder.”) (Compare/Contrast proof)
14. Admissible evidence
Evidence may be presented to the court as
proof of a fact at issue in a trial
15. Inadmissible evidence
Evidence that cannot legally be presented in
court as proof of a fact at issue in a trial
Merchant terms
16. Defective:
___________________________________
___________________________________
17. Distributor:
A person or company that supplies of
another company to retailers in a particular
area
18. _______________
A list of goods or services that have
delivered to a person or company as of a
particular date, showing the number of items
delivered, the price per item and the total
due for the items delivered
19. Manufacture:
To make goods for sale
20. Outlet:
A shop through which goods are sold to the
public
21. Retailer:
A person or company that sells goods to the
public
22. Supplier
A person or company that provides a
particular product or service to other
companies on a regular basis
Obligation Terms
23. Obligation:
A duty to do or not to do something; a legal
obligation can be enforced through the
judicial system (Contrast moral obligation
which can only be enforced through social
pressures)
24. Key obligation:
An important component of a party’s duties
under a contract (e.g., timely payment of
rent is a key obligation in a lease.)
25. Meet (met) an obligation:
To fulfil one’s duty; to do what one
promised to do
 Legal English –Mason 7
Business organizations:
1. Sole Trader
2. Partnership
3. Limited Liability Partnership
4. Private limited company
5. Public limited company
Accounting Terms
6. _________________
(1) Money or assets invested in a business;
(Contrast labor);
(2) The total assets of a business;
(3) The total market value of a corporation's
stock;
(4) The initial shareholders’ cash
contribution to a corporation in return for
their shares.
7. Expenses:
Costs a business incurs through its
operations to earn revenue, including
supplies, interest, taxes, depreciation
8. Income tax:
The amount of one’s income that one is
legally obligated pay to the government
9. Investment (to invest):
Money that someone puts into a business
with the hope of getting more money back
when the business earns profits or is sold
10. _______________
The amount by which expenses exceed
revenue produced over a given period;
(Contrast profit)
11. Personal Assets:
owned by the individual (not the company);
(Contrast: personal property which are
those personal assets which are not real
property)
12. _______________
The amount by which revenue exceeds
expenses over given period; (Contrast loss)
Action Terms
13. _______________
Stop or break off (a meeting, court hearing)
with the intention of resuming it later
14. Appoint:
To formally assign a job or role to a person;
place a person in an official position
15. To draw up:
___________________________________
___________________________________
16. Expel a partner:
___________________________________
17. Register (a business organization):
___________________________________
___________________________________
___________________________________
18. To run a business:
To have control of the operation of a
company: to manage a company
19. Set up:
To start something (E.g., “The sisters set up
a dental practice.”)
20. To submit:
To present or provide something (usually a
document or information) to another person
or entity
General Vocabulary
21. Essential
___________________________________
___________________________________
22. Incorporated business
A company that has registered with the
government to create new legal entity with
its own name
23. _________________________ Liability:
(1) To be completely liable or responsible
both as a group (jointly) and individually
(severally) such that a creditor or injured
party can legally require the group or any
individual in the group to pay the entire
obligation;
(2) One of the distinguishing characteristics
of a partnership.
24. Legal Entity:
A person, organization or group which can
legally: own assets, incur debt, sue, be sued,
contract etc.
25. Members
Another name for owners of a company or
partners in a partnership or limited liability
partnership
26. Partnership agreement:
A contract defining the partners' rights and
duties toward one another but not the
partners' relationship with third parties
27. Risky:
To be dangerous or possibly fail; (Compare
at risk)
28. Shareholders:
Owners of an incorporated company
 Legal English –Mason 9
Restructuring / Insolvency
1. Debtor:
_______________________________________
_______________________________________
2. Insolvency (also see: Insolvent / Solvent)
The condition of being unable to pay debts as
they fall due (mature)
3. Insolvency proceedings:
A legal proceeding to liquidate or rehabilitate a
person’s or company’s debts (e.g., bankruptcy)
4. _______________
A project in which two or more companies agree
to work together for a limited period of time
5. Liquidation:
The process of formally closing a company by
selling and distributing its assets to the owners
or creditors
6. Secured loan:
A loan that is backed by pledged property
(collateral) such that if the debtor defaults the
creditor can take (seize) and sell the collateral to
satisfy the debt. (E.g., “A mortgage is a secured
loan for which real property is the collateral.”)
7. Unsecured Creditor:
A lender who does not has not contracted for the
right to take (seize) any of the debtor’s assets as
collateral. An unsecured creditor is at greater
risk of losing money because it has only the
debtor’s promise to pay and, in the case of
default, it has no right to take (seize) and sell
any of the debtor’s property. (Contrast: secured
creditor)
People
8. Accountant:
A person who creates and reviews the financial
documents of the company (e.g., payrolls,
budgets, receipts, expenditures, bank accounts)
9. Board of Directors:
The group of individuals elected to represent the
interests of stockholders in a company; they
appoint company officers, establish corporate
policies and make decisions on major issues
10. Director
(1) One of a group of persons entrusted with the
overall direction of a corporate enterprise
(2) The head of an organized group or
administrative unit (such as a bureau or school)
(e.g., communications director)
11. Chief Executive Officer (CEO)
the person with the most important position in a
company and who has overall responsibility for
the way that the company is run
12. Company Secretary:
The officer of the company responsible for
fulfilling the legal and financial obligations of
the company
Meetings
13. _______________ meeting:
Official gathering of company directors for the
purpose of conducting company business
14. Company meeting:
Official gathering of company shareholders for
the purpose of voting on company appointments
or policies. Compare annual general meeting;
extraordinary general meeting
15. _______________general meeting:
Once a year, official gathering of company
shareholders; usually required by law
16. _______________general meeting:
Official gathering of company shareholders
called by the directors for a specified purpose
General Vocabulary
17. Anonymous:
_______________________________________
18. Convene:
(1) To call a meeting;
(2) To gather for a meeting
19. Minutes:
The official, written record of the meeting of an
organization or company
20. Motion (to move)
A formal proposal (to make a formal proposal)
21. Proxy:
_______________________________________
_______________________________________
22. Quorum:
The minimum number of people who must be at
a meeting (in attendance) in order to take action
or make a decision for an organization or
company (absent a quorum, then no official
decisions can be made)
23. Resolution (to resolve)
A formal decision at a meeting; to make a
formal decision
24. Unanimous:
_______________________________________
25. Conflict of Interest:
A situation in which a person, who has authority
to make or influence a company decision, will
derive a personal benefit from the decision
26. Fiduciary duty:
The highest standard of care when acting for another;
the obligation to put another person’s or entity’s
financial interests above or ahead of one’s own
interest. If an individual breaches a fiduciary duty, he
or she is legally obligated to transfer any benefits
acquired from transaction to the other person (the
beneficiary or principal)
27. Good faith:
(1) The honest intent to avoid taking unfair
advantage of another person in a transaction or
to fulfill a promise to act; (2) honesty and
sincerity; (3) loyalty
(Contrast dishonest, deceitful, devious)
 Legal English – Criminal Law
1. Act of God:
a type of force majeure such as a natural
disaster (e.g., flood, hurricane, earthquakes)
2. Assign:
to transfer ownership/rights
3. Assignee
___________________________________
___________________________________
4. Assignor
___________________________________
___________________________________
5. Budget-:
An estimate of revenue and expenses over a
period of time (e.g., the annual budget)
6. Cease
To stop, forfeit, suspend, or bring to an end
7. Confidential
___________________________________
___________________________________
8. Creditors
People to whom the company owes money
9. Exceed
To go above the amount that is allowed
10. Force majeure
an unforeseeable event that affects one
party’s ability to fulfil his or her contractual
obligations
11. Infringement (to infringe)
“An act that interferes with one of the
exclusive rights of a patent, copyright, or
trademark owner”
12. Non-disclosure agreement:
A contract clause that obligates the
advertising company not to tell or disclose
certain information to any third party
13. Unforeseeable
Something which cannot be predicted in
advance
14. Warehouse-
a large building where a business stores
goods for a period of time before selling
them
15. Warranty
“(in contract law) A term or promise in a
contract, breach of which will entitle the
innocent party to damages but not to treat
the contract as discharged by breach”
IP Terms
16. Intellectual Property:
“refers to creations of the mind, such as
inventions; literary and artistic works;
designs; and symbols, names and images
used in commerce”
17. Intellectual Property Rights
Rights in something that they have invented
or created. No one else has the right to
make, sell, copy or exploit the invention or
creation without permission
18. Copyright
___________________________________
___________________________________
___________________________________
___________________________________
19. Patent:
___________________________________
___________________________________
___________________________________
___________________________________
20. Trademark
___________________________________
___________________________________
___________________________________
___________________________________
21. Invention:
“A new device, method, or process
developed from study and experimentation”
22. A License-:
permission to commit some act that would
otherwise be unlawful
23. Licensee
___________________________________
24. Licensor
__________________________________
 Legal English – Criminal Law
People
1. The Accused / Defendant
Person charged with committing a crime
2. Defense Attorney / Defense Counsel
The lawyer who represents the defendant
3. Jury / Jurors - citizens who act as ‘finders of
fact’ and determine if the defendant is guilty or
not guilty
4. Prosecute (v) also: prosecution (n)
To institute and pursue a criminal action
against a person
5. Prosecutor (n)
The lawyer who represents the government
in a criminal case
6. Public defender
A defense attorney who is paid by the
government to represent a defendant
7. Victim
___________________________________
___________________________________
Criminal Offenses
8. Crimes / Offenses
a violation of a law in which there is injury
to the public or a member of the public and
a term in jail or prison, and/or a fine as
possible penalties
9. Felony
Serious crimes with a possible punishment
of over one year
10. Misdemeanor
Minor offenses with possible punishment of
less than one year
Court Appearances
11. ______________
First court appearance; first time an accused
person sees a judge
12. Arraignment / Plea (plead) / Guilty / Not Guilty
At arraignment, the defendant is formally
told of the charges and is asked to enter a
plea – either guilty or not guilty
13. Pre-trial Conference
A court appearance before the trial
14. Motion hearing
A court appearance where the judge will
hear legal arguments and may consider
evidence to determine a motion made by one
party (e.g., defense motion to suppress
evidence)
15. Trial - Evidentiary hearing on the merits of the case
a. _______ Trial – determined by a judge
b. _______ Trial – determined by a jury
16. Arrest
______________________________________
17. Bail / Bond
an order of a court allowing a criminal
defendant to be freed pending trial
18. Beyond a Reasonable Doubt
______________________________________
______________________________________
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19. Burden of Proof
duty placed upon a party to prove or
disprove a disputed fact. In criminal cases,
the burden of proof is placed on the
prosecution, who must demonstrate that the
defendant is guilty before a jury may convict
20. _______________ Law
body of law defining offenses against the
community at large, regulating how suspects
are investigated, charged, and tried, and
punishment for convicted offenders
21. Incarceration - Confinement in a jail or prison;
imprisonment.
a. Jail - used for the confinement of
individuals who are sentenced for minor
crimes or who are unable to gain release
on bail and are in custody awaiting trial.
b. Prison - used for the confinement of
people convicted of serious crimes
22. Probable Cause
-a standard used in justifying certain police
actions (e.g., to make an arrest or obtain a
warrant). It is more than mere suspicion but
less than the amount of evidence required
for conviction.
-reasonable grounds to believe: 1) a crime
has been committed and 2) it was committed
by this person
23. Reasonable Suspicion
A particularized and objective basis,
supported by specific and articulable facts,
for suspecting a person of criminal activity.•
A police officer must have a reasonable
suspicion to stop a person in a public place
24. Restitution
The money that a convicted defendant has to
pay to the court, who will then give the
money to the victim, to pay for the losses
they have suffered
25. Unconstitutional
Contrary to or in conflict with a constitution