Glossary of Legal Terms For Massachusetts
Accessory:A person who assists another in the commission of a crime, either before or after the fact.
Adjudication: A declaration by a judge.
Administrator: A person appointed by the court to settle the estate of a dead person when there is no will, or when there is a will but the executor has died, resigned or been removed from office.
Affidavit: A written or printed statement under oath.
Affidavit: A written or printed statement under oath.
Affirmative defense: A defense in which the accused is required to produce the supporting evidence.
Amicus curiae: A “friend of the court”; usually an interested person or agency, not a party to an ongoing case, that wishes to make its position known. This is most often done in writing.
Amortization: The payment of a debt by installments.
Answer: A document filed in response to a complaint.
Appearance: The procedure by which an attorney acknowledges his representation of a party in a suit; also the submission of the defendant to the jurisdiction of the court.
Appellant: The party appealing a decision to a higher court.
Appellate court: The court having jurisdiction of appeal and review of law; not a trial court.
Appellee: The party against whom an appeal is taken.
Arraignment: The reading of a charge and the entering of a plea in response.
Amicus curiae: A “friend of the court”; usually an interested person or agency, not a party to an ongoing case, that wishes to make its position known. This is most often done in writing.
Amortization: The payment of a debt by installments.
Answer: A document filed in response to a complaint.
Appearance: The procedure by which an attorney acknowledges his representation of a party in a suit; also the submission of the defendant to the jurisdiction of the court.
Appellant: The party appealing a decision to a higher court.
Appellate court: The court having jurisdiction of appeal and review of law; not a trial court.
Appellee: The party against whom an appeal is taken.
Arraignment: The reading of a charge and the entering of a plea in response.
Assignment for the benefit of creditors: The turning over of the assets of a debtor to a creditor or trustee to help pay off his debts.
Attachment: A lien on a defendant’s property to satisfy a legal claim that the plaintiff hopes to prove.
Bail: An amount of money or security posted by a person against whom criminal charges are pending, to guarantee his appearance in court. The bail is determined by considerations such as the nature and circumstance of the charges, whether the person charged is a flight risk, and the
likelihood of their appearance. It is not a reflection of guilt or innocence.
Bail hearing: An appeal to a superior court judge for the reduction of bail set by a judge in a lower court.
Bankruptcy: A method of declaring insolvency when the debtor’s liabilities exceed his assets. It has the practical effect of wiping out past debts. A Chapter 11 bankruptcy permits the continued operation of a business, with the proceeds to go to a trustee for the creditors.
Battery: An un-consented touching.
Attachment: A lien on a defendant’s property to satisfy a legal claim that the plaintiff hopes to prove.
Bail: An amount of money or security posted by a person against whom criminal charges are pending, to guarantee his appearance in court. The bail is determined by considerations such as the nature and circumstance of the charges, whether the person charged is a flight risk, and the
likelihood of their appearance. It is not a reflection of guilt or innocence.
Bail hearing: An appeal to a superior court judge for the reduction of bail set by a judge in a lower court.
Bankruptcy: A method of declaring insolvency when the debtor’s liabilities exceed his assets. It has the practical effect of wiping out past debts. A Chapter 11 bankruptcy permits the continued operation of a business, with the proceeds to go to a trustee for the creditors.
Battery: An un-consented touching.
Bench warrant: A warrant issued “from the bench” for the arrest of a person. It is frequently imposed when a witness or litigant fails to show up for an appearance.
Bill of particulars: A written statement by a prosecutor specifying the details, such as
time, place, manner and means of a crime he expects to prove against the defendant.
Brief: A written or printed argument prepared by counsel to support his case, usually
containing a statement of facts and a discussion of law.
Burden of proof: The duty of affirmatively proving disputed facts in a case.
Cause of action: The right a party has to institute a judicial action: a suit or litigation.
Certiorari: A special type of proceeding in which a court (usually the superior court) is asked by a concerned party to review the proceedings of a state or local administration, agency or board.
Circumstantial evidence: Evidence formed by a non-eyewitness.
Civil action: A non-criminal case.
Codicil: A supplement or addition to a will.
Comparative negligence: A doctrine applicable to those negligence cases in which both the plaintiff and the defendant are found to be negligent. If the “degree” of the plaintiff’s negligence is less than that of the defendant, the plaintiff is still entitled to prevail but any damages allowed
are reduced in proportion to the plaintiff’s negligence. -The legal process by which real estate of a private owner is taken for public use without his consent but upon the award and payment of just compensation.
Consecutive (on and after) sentence: One sentence to be served upon completion
of another sentence, as opposed to concurrent sentences.
Bill of particulars: A written statement by a prosecutor specifying the details, such as
time, place, manner and means of a crime he expects to prove against the defendant.
Brief: A written or printed argument prepared by counsel to support his case, usually
containing a statement of facts and a discussion of law.
Burden of proof: The duty of affirmatively proving disputed facts in a case.
Cause of action: The right a party has to institute a judicial action: a suit or litigation.
Certiorari: A special type of proceeding in which a court (usually the superior court) is asked by a concerned party to review the proceedings of a state or local administration, agency or board.
Circumstantial evidence: Evidence formed by a non-eyewitness.
Civil action: A non-criminal case.
Codicil: A supplement or addition to a will.
Comparative negligence: A doctrine applicable to those negligence cases in which both the plaintiff and the defendant are found to be negligent. If the “degree” of the plaintiff’s negligence is less than that of the defendant, the plaintiff is still entitled to prevail but any damages allowed
are reduced in proportion to the plaintiff’s negligence. -The legal process by which real estate of a private owner is taken for public use without his consent but upon the award and payment of just compensation.
Consecutive (on and after) sentence: One sentence to be served upon completion
of another sentence, as opposed to concurrent sentences.
Consent decree: An agreement of the parties made under the sanction of the court to be bound by certain stipulated facts.
Contempt of court: Any act calculated to embarrass, hinder or obstruct a court in the administration of justice or to lessen its authority or dignity.
Contingent fee: A charge for services, agreed to in advance, based on the lawyer’s successful handling of the case. It is usually a set percentage of the amount won in a lawsuit.
Costs: Actual expenses connected with prosecuting or defending a suit, including filing fees, sheriff’s service, etc., but not including attorney’s fees.
Counterclaim: A claim filed by a defendant against a claimant in the same action.
De novo: Usually applied to trial de novo, a system that permits a defendant to elect a
second, totally new trial before a jury if the first trial was before a judge and the defendant
is dissatisfied with the judge’s decision.
Contempt of court: Any act calculated to embarrass, hinder or obstruct a court in the administration of justice or to lessen its authority or dignity.
Contingent fee: A charge for services, agreed to in advance, based on the lawyer’s successful handling of the case. It is usually a set percentage of the amount won in a lawsuit.
Costs: Actual expenses connected with prosecuting or defending a suit, including filing fees, sheriff’s service, etc., but not including attorney’s fees.
Counterclaim: A claim filed by a defendant against a claimant in the same action.
De novo: Usually applied to trial de novo, a system that permits a defendant to elect a
second, totally new trial before a jury if the first trial was before a judge and the defendant
is dissatisfied with the judge’s decision.
Declaratory judgment: Declares the rights of the parties or the opinion of the court on a question of law.
Decree: Decision or order of the court in certain types of cases; a final decree fully and finally disposes of the litigation; an interlocutory decree is provisional. A final decree has the same effect as a judgment.
Default: In a criminal case, failure to appear upon order of the court. In a civil case, failure to file a pleading or appear within the time allowed.
Deposition: Sworn testimony taken prior to trial out of court and in the presence of a stenographer, usually for the purpose of “discovering” in advance what the witness
is going to say and also to preserve testimony. (See discovery)
Direct evidence: Proof of facts by witnesses who saw and heard what they are testifying
about, as distinguished from circumstantial evidence, which is called indirect evidence.
Directed verdict: An instruction by the trial judge ordering that judgment be entered without the jury considering the matter; used usually when one party has failed to produce enough evidence, considering the merits of the case.
Discovery: The term used to describe various methods for obtaining evidence in advance of trial, including such things as interrogatories, depositions and various motions to permit the inspection of documents, etc.
Dismissal without prejudice: Permits plaintiff to sue again on the same cause of action; dismissal “with prejudice” bars the action forever.
Double jeopardy: A doctrine that prohibits prosecution of a defendant in a criminal matter more than once for the same offense.
Eeminent domain: The power of a government or of certain agencies to take private property for public use, even against the will of the owner, and to pay compensation.
Escrow: The holding by a third person of something of value, e.g., money, deed to property, etc., until some agreed-upon contingency.
Estoppel: A doctrine that prevents any action by a person who has earlier made a
statement or taken a position inconsistent with his present posture. Example: One is estopped from denying a fact he earlier tried to prove.
Ex parte: A proceeding where only one side is heard.
Ex post facto: An act or fact occurring after some previous related act.
Exclusionary rule: A rule prohibiting the use in criminal prosecutions of illegally obtained evidence.
Executor: A person named by the decedent in a will to carry out the will’s provisions.
Extradition: The surrender by one state to another of an individual accused or convicted of an offense in the demanding state’s jurisdiction. In Massachusetts, extradition and rendition are interchangeable.
Felony: Any crime punishable by a year or more in state prison.
Fiduciary: A person who undertakes the duty to act primarily for another’s benefit, usually in financial areas. A fiduciary is bound by a high standard of good faith.
Garnishment: Proceeding whereby property, money or credits of a debtor in the possession of another are applied to the debts of the debtor, as in the garnishment of a person’s wages.
Grand jury: A jury that receives complaints and accusations in criminal cases, hears the evidence and issues indictments in cases where it feels a trial ought to take place. It meets in a secret proceeding not open to the public.
Guardian ad litem: A person appointed by the court to represent the rights of minors, the unborn and others under legal disability.
Habeas corpus: Literally, “you have the body.” An order of the court to bring a person before it; commonly used to test the legality of a prisoner’s detention.
Hearsay: An out-of-court statement offered for the truth of the matter as asserted.
Iimpeachment of witness: Throwing doubt on the credibility of a witness by testimony
showing prior inconsistency, contradiction or a conviction of a crime.
Implied contract: An agreement, not in writing, in which the conduct of the parties indicates their intention to be bound.
In camera: A judge’s chambers; in private.
Indemnify: To compensate another for loss or damage that has already occurred or to give security against future loss.
Indictment: The formal accusation made by a grand jury charging a person (named or unnamed) or corporation with a specific crime.
Interlocutory: Court orders that are provisional, temporary and not final.
Interrogatories: Written questions served on a party which must be answered under oath before trial; one of the methods of discovery.
Intervention: A method by which a person may make himself a party to an action in which he has some special interest.
Intestate: Dying without a will.
Jurisdiction: The authority of a court to hear a particular case and to render a judgment.
Leading question: One that suggests an answer to the witness.
Levy: The seizure of property by legal process.
Lien: A claim upon the property of another on account of a debt.
Lis pendens: Generally a notice filed in the registry of deeds to warn persons that title to certain property is in litigation.
Malfeasance: The performance of an act that a person ought not do. The term is usually applied in connection with public officers.
Mandamus: A court order directing a lower court, agency or official to perform its specific duty.
Manslaughter: Unlawful killing of another without malice during the commission of certain minor crimes or in the heat of passion or through willful, wanton or reckless misconduct. Massachusetts recognizes two kinds: voluntary and involuntary.
Decree: Decision or order of the court in certain types of cases; a final decree fully and finally disposes of the litigation; an interlocutory decree is provisional. A final decree has the same effect as a judgment.
Default: In a criminal case, failure to appear upon order of the court. In a civil case, failure to file a pleading or appear within the time allowed.
Deposition: Sworn testimony taken prior to trial out of court and in the presence of a stenographer, usually for the purpose of “discovering” in advance what the witness
is going to say and also to preserve testimony. (See discovery)
Direct evidence: Proof of facts by witnesses who saw and heard what they are testifying
about, as distinguished from circumstantial evidence, which is called indirect evidence.
Directed verdict: An instruction by the trial judge ordering that judgment be entered without the jury considering the matter; used usually when one party has failed to produce enough evidence, considering the merits of the case.
Discovery: The term used to describe various methods for obtaining evidence in advance of trial, including such things as interrogatories, depositions and various motions to permit the inspection of documents, etc.
Dismissal without prejudice: Permits plaintiff to sue again on the same cause of action; dismissal “with prejudice” bars the action forever.
Double jeopardy: A doctrine that prohibits prosecution of a defendant in a criminal matter more than once for the same offense.
Eeminent domain: The power of a government or of certain agencies to take private property for public use, even against the will of the owner, and to pay compensation.
Escrow: The holding by a third person of something of value, e.g., money, deed to property, etc., until some agreed-upon contingency.
Estoppel: A doctrine that prevents any action by a person who has earlier made a
statement or taken a position inconsistent with his present posture. Example: One is estopped from denying a fact he earlier tried to prove.
Ex parte: A proceeding where only one side is heard.
Ex post facto: An act or fact occurring after some previous related act.
Exclusionary rule: A rule prohibiting the use in criminal prosecutions of illegally obtained evidence.
Executor: A person named by the decedent in a will to carry out the will’s provisions.
Extradition: The surrender by one state to another of an individual accused or convicted of an offense in the demanding state’s jurisdiction. In Massachusetts, extradition and rendition are interchangeable.
Felony: Any crime punishable by a year or more in state prison.
Fiduciary: A person who undertakes the duty to act primarily for another’s benefit, usually in financial areas. A fiduciary is bound by a high standard of good faith.
Garnishment: Proceeding whereby property, money or credits of a debtor in the possession of another are applied to the debts of the debtor, as in the garnishment of a person’s wages.
Grand jury: A jury that receives complaints and accusations in criminal cases, hears the evidence and issues indictments in cases where it feels a trial ought to take place. It meets in a secret proceeding not open to the public.
Guardian ad litem: A person appointed by the court to represent the rights of minors, the unborn and others under legal disability.
Habeas corpus: Literally, “you have the body.” An order of the court to bring a person before it; commonly used to test the legality of a prisoner’s detention.
Hearsay: An out-of-court statement offered for the truth of the matter as asserted.
Iimpeachment of witness: Throwing doubt on the credibility of a witness by testimony
showing prior inconsistency, contradiction or a conviction of a crime.
Implied contract: An agreement, not in writing, in which the conduct of the parties indicates their intention to be bound.
In camera: A judge’s chambers; in private.
Indemnify: To compensate another for loss or damage that has already occurred or to give security against future loss.
Indictment: The formal accusation made by a grand jury charging a person (named or unnamed) or corporation with a specific crime.
Interlocutory: Court orders that are provisional, temporary and not final.
Interrogatories: Written questions served on a party which must be answered under oath before trial; one of the methods of discovery.
Intervention: A method by which a person may make himself a party to an action in which he has some special interest.
Intestate: Dying without a will.
Jurisdiction: The authority of a court to hear a particular case and to render a judgment.
Leading question: One that suggests an answer to the witness.
Levy: The seizure of property by legal process.
Lien: A claim upon the property of another on account of a debt.
Lis pendens: Generally a notice filed in the registry of deeds to warn persons that title to certain property is in litigation.
Malfeasance: The performance of an act that a person ought not do. The term is usually applied in connection with public officers.
Mandamus: A court order directing a lower court, agency or official to perform its specific duty.
Manslaughter: Unlawful killing of another without malice during the commission of certain minor crimes or in the heat of passion or through willful, wanton or reckless misconduct. Massachusetts recognizes two kinds: voluntary and involuntary.
Misdemeanor: A criminal offense less than a felony, generally punishable by fine or imprisonment in a jail or a house of correction rather than a state prison.
Moot: Loosely, an issue that has been settled by some happening other than judicial
determination.
Motion: A request that a court act or rule in a certain way.
Negligence: The omission of an act that a reasonable person, guided by ordinary considerations, would do; or the commission of an act that a reasonable and prudent person would not do, which may result in injury, damage or loss to another person.
No bill: The report of a grand jury that has found insufficient evidence to support an indictment.
No-fault divorce: A divorce based on irretrievable marital breakdown and involving mutual consent of the parties.
nolle prosequi: Commonly, nol pros; a prosecutor’s decision not to prosecute a criminal case after charges have been brought.
Nolo contendere: Commonly, nolo; a plea indicating the defendant will not contest a criminal charge.
Non obstante verdicto: Notwithstanding the verdict; a judgment entered by a trial judge that is contrary to the jury verdict.
Nunc pro tunc: Literally, “now for then”; acts or entries of decrees or judgments made retroactive to an earlier date.
Opinion: The formal written decision rendered by a judge or court in a case; it contains
the legal principles and reasons upon which the decision was based.
Opinion evidence: What the witness thinks, believes or infers, as distinguished from personal knowledge; limited admissibility.
Moot: Loosely, an issue that has been settled by some happening other than judicial
determination.
Motion: A request that a court act or rule in a certain way.
Negligence: The omission of an act that a reasonable person, guided by ordinary considerations, would do; or the commission of an act that a reasonable and prudent person would not do, which may result in injury, damage or loss to another person.
No bill: The report of a grand jury that has found insufficient evidence to support an indictment.
No-fault divorce: A divorce based on irretrievable marital breakdown and involving mutual consent of the parties.
nolle prosequi: Commonly, nol pros; a prosecutor’s decision not to prosecute a criminal case after charges have been brought.
Nolo contendere: Commonly, nolo; a plea indicating the defendant will not contest a criminal charge.
Non obstante verdicto: Notwithstanding the verdict; a judgment entered by a trial judge that is contrary to the jury verdict.
Nunc pro tunc: Literally, “now for then”; acts or entries of decrees or judgments made retroactive to an earlier date.
Opinion: The formal written decision rendered by a judge or court in a case; it contains
the legal principles and reasons upon which the decision was based.
Opinion evidence: What the witness thinks, believes or infers, as distinguished from personal knowledge; limited admissibility.
Ordinance: A rule having the force of law established by a city.
Per curiam: Literally, “through the court”; an opinion of an appellate court not attributable to any one judge.
Peremptory challenge: The right to reject a juror without assigning a cause.
Perjury: Stating under oath as true what is known to be false.
Personal recognizance: Bail consisting of a promise to appear in court when required.
Petition: A written request addressed to the court asking for some favor or relief.
Petit Jury: A trial jury, as opposed to a grand jury. Also called a petty jury.
Pleading: The process by which parties in an action raise and define in writing the issues to be resolved.
Power of attorney: Written authorization permitting one person to act for another.
Prejudicial error: A legal error that warrants an appellate court’s reversal of a lower court’s decision.
Preliminary hearing: A hearing held to determine whether a person charged with a crime should be held for trial.
Preponderance of evidence: Evidence supporting a proposition that outweighs evidence offered to contradict it; the standard of proof required in a civil case for the plaintiff to win.
Presentment: A notice by a grand jury, from its own knowledge or observation to the court, that a crime has been committed; similar to the indictment.
Pretrial motion: Any motion made in advance of trial.
Prima facie: Literally, “at first sight”; when applied to evidence, such evidence as is sufficient to establish a given fact or facts constituting the party’s claim or defense which, if not rebutted, will remain sufficient.
Probable cause: Reasonable belief. For example, probable cause is required for the issuance of a search warrant and the arrest of a person without a warrant.
Probate: The legal process of establishing the validity of a will and settling an estate.
Probation: Supervision by authorized court personnel over the activities of a person released after conviction of some criminal offense.
Pro se: Representing oneself without the assistance of legal counsel.
Quash: To vacate, annul or void any written order.
Reasonable doubt: The standard by which criminal cases are decided.
Receiver: A neutral person appointed by the court to manage the property or business of another, pending legal action.
Recuse: To disqualify oneself as a judge in a particular case.
Remand: A decision by an appellate court, sending a case back to the court from which it came for further proceedings.
Respondent: The party who answers an appeal. (See appellee)
Restraining order: A temporary court order directing a person to do, or not to do, a particular act pending further hearing. It is often used to order one person stay away from another.
Retainer: A fee paid by a client to an attorney in anticipation of legal work that the attorney will perform.
Search warrant: Written judicial authorization for a search of specified premises for specified articles.
Separate maintenance: A court-ordered allowance granted to one spouse for selfsupport
and child support while living apart for justifiable cause.
Sequestration of witnesses: Separating witnesses so they may not hear one another’s
testimony.
Specific performance: A legal remedy for forcing compliance under an agreement;
most commonly used to force the transfer of real property.
Statute of limitations: Time within which a criminal or civil action must be commenced.
Statutory law: The written law enacted by legislative bodies.
Stay: The postponement of judicial action by court order, usually temporary and usually
related to some other contemplated action.
Stipulation: A statement by the attorneys or the parties that certain matters have
already been agreed upon.
Subpoena: A court order compelling a witness to appear and give testimony.
Subpoena duces tecum: A court order compelling a witness to produce certain documents.
Summary judgment: A judgment decided by a judge without the necessity of a trial.
suppression hearing: A request filed by the defendant to prohibit the use of evidence gathered in violation of the defendant’s rights; this hearing is held outside the presence of the jury.
Suspended sentence: A sentence that need not be served if the defendant complies
with certain court-imposed conditions.
Testator: Maker of a will.
Title search: A thorough investigation of public records to ascertain ownership of property, or to discover any liens or encumbrances against a property or other defects in title to the land.
Tort: A civil injury or wrong.
True bill: The endorsement made by a grand jury upon a bill of indictment when it finds sufficient evidence to warrant a criminal charge.
Unlawful detainer: Retaining possession without the right to do so.
Unreasonable search and seizure: An action executed contrary to legal guidelines that tightly regulate the way in which a private citizen’s property may be searched and seized by the government.
Venire: The group of people who are summoned for jury duty.
Voir dire: Generally applied to the questioning of jurors during impaneling to test their
qualifications and determine possible bias; also, a hearing conducted during the trial by a judge out of the presence of the jury.
Waiver: The express or implied voluntary surrender of a right.
Writ: Any of numerous orders issuing from a court.
SOURCE: Massachusetts Bar Association
Lawyers Weekly is grateful to the MBA for the use of this informative resource.
Per curiam: Literally, “through the court”; an opinion of an appellate court not attributable to any one judge.
Peremptory challenge: The right to reject a juror without assigning a cause.
Perjury: Stating under oath as true what is known to be false.
Personal recognizance: Bail consisting of a promise to appear in court when required.
Petition: A written request addressed to the court asking for some favor or relief.
Petit Jury: A trial jury, as opposed to a grand jury. Also called a petty jury.
Pleading: The process by which parties in an action raise and define in writing the issues to be resolved.
Power of attorney: Written authorization permitting one person to act for another.
Prejudicial error: A legal error that warrants an appellate court’s reversal of a lower court’s decision.
Preliminary hearing: A hearing held to determine whether a person charged with a crime should be held for trial.
Preponderance of evidence: Evidence supporting a proposition that outweighs evidence offered to contradict it; the standard of proof required in a civil case for the plaintiff to win.
Presentment: A notice by a grand jury, from its own knowledge or observation to the court, that a crime has been committed; similar to the indictment.
Pretrial motion: Any motion made in advance of trial.
Prima facie: Literally, “at first sight”; when applied to evidence, such evidence as is sufficient to establish a given fact or facts constituting the party’s claim or defense which, if not rebutted, will remain sufficient.
Probable cause: Reasonable belief. For example, probable cause is required for the issuance of a search warrant and the arrest of a person without a warrant.
Probate: The legal process of establishing the validity of a will and settling an estate.
Probation: Supervision by authorized court personnel over the activities of a person released after conviction of some criminal offense.
Pro se: Representing oneself without the assistance of legal counsel.
Quash: To vacate, annul or void any written order.
Reasonable doubt: The standard by which criminal cases are decided.
Receiver: A neutral person appointed by the court to manage the property or business of another, pending legal action.
Recuse: To disqualify oneself as a judge in a particular case.
Remand: A decision by an appellate court, sending a case back to the court from which it came for further proceedings.
Respondent: The party who answers an appeal. (See appellee)
Restraining order: A temporary court order directing a person to do, or not to do, a particular act pending further hearing. It is often used to order one person stay away from another.
Retainer: A fee paid by a client to an attorney in anticipation of legal work that the attorney will perform.
Search warrant: Written judicial authorization for a search of specified premises for specified articles.
Separate maintenance: A court-ordered allowance granted to one spouse for selfsupport
and child support while living apart for justifiable cause.
Sequestration of witnesses: Separating witnesses so they may not hear one another’s
testimony.
Specific performance: A legal remedy for forcing compliance under an agreement;
most commonly used to force the transfer of real property.
Statute of limitations: Time within which a criminal or civil action must be commenced.
Statutory law: The written law enacted by legislative bodies.
Stay: The postponement of judicial action by court order, usually temporary and usually
related to some other contemplated action.
Stipulation: A statement by the attorneys or the parties that certain matters have
already been agreed upon.
Subpoena: A court order compelling a witness to appear and give testimony.
Subpoena duces tecum: A court order compelling a witness to produce certain documents.
Summary judgment: A judgment decided by a judge without the necessity of a trial.
suppression hearing: A request filed by the defendant to prohibit the use of evidence gathered in violation of the defendant’s rights; this hearing is held outside the presence of the jury.
Suspended sentence: A sentence that need not be served if the defendant complies
with certain court-imposed conditions.
Testator: Maker of a will.
Title search: A thorough investigation of public records to ascertain ownership of property, or to discover any liens or encumbrances against a property or other defects in title to the land.
Tort: A civil injury or wrong.
True bill: The endorsement made by a grand jury upon a bill of indictment when it finds sufficient evidence to warrant a criminal charge.
Unlawful detainer: Retaining possession without the right to do so.
Unreasonable search and seizure: An action executed contrary to legal guidelines that tightly regulate the way in which a private citizen’s property may be searched and seized by the government.
Venire: The group of people who are summoned for jury duty.
Voir dire: Generally applied to the questioning of jurors during impaneling to test their
qualifications and determine possible bias; also, a hearing conducted during the trial by a judge out of the presence of the jury.
Waiver: The express or implied voluntary surrender of a right.
Writ: Any of numerous orders issuing from a court.
SOURCE: Massachusetts Bar Association
Lawyers Weekly is grateful to the MBA for the use of this informative resource.
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