Braden and Tucci - Orange County and Los Angeles California DUI Lawyers

To help you understand some of the legal language, you will find this legal glossary useful. We include English and Latin terms that are in common use in law. Just click on the word or expression to find the definition:

ACQUITTAL

The judgment of a court, based on a verdict of a jury or a judicial officer, that the defendant is not guilty of the offense(s) for which he or she has been tried. actus reus

ADJUDICATION

The process by which a court arrives at a decision regarding a case; also, the resultant decision.

ADJUDICATORY HEARING

In juvenile justice usage, the fact-finding process wherein the juvenile court determines whether or not there is sufficient evidence to sustain the allegations in a petition.

ADULT

In criminal justice usage, a person who is within the original jurisdiction of a criminal, rather than a juvenile, court because his or her age at the time of an alleged criminal act was above a statutorily specified limit.

ADVERSARIAL SYSTEM

The two-sided structure under which American criminal trial courts operate and that pits the prosecution against the defense. In theory, justice is done when the most effective adversary is able to convince the judge or jury that their perspective on the case is the correct one.

AFTERCARE

In juvenile justice usage, the status or program membership of a juvenile who has been committed to a treatment or confinement facility, conditionally released from the facility, and placed in a supervisory and/or treatment program.

AGGRAVATED ASSAULT

Unlawful intentional causing of serious bodily injury with or without a deadly weapon, or unlawful intentional attempting or threatening of serious bodily injury or death with a deadly or dangerous weapon.

AGGRAVATING CIRCUMSTANCES

Circumstances relating to the commission of a crime which cause its gravity to be greater than that of the average instance of the given type of offense.

ALIAS

Any name used for an official purpose that is different from a person's legal name.

APPEAL

Generally, the request that a court with appellate jurisdiction review the judgment, decision, or order of a lower court and set it aside (reverse it) or modify it; also, the judicial proceedings or steps in judicial proceedings resulting from such a request.

APPEARANCE (COURT)

The act of coming into a court and submitting to the authority of that court.

APPELLANT

The person who contests the correctness of a court order, judgment, or other decision and who seeks review and relief in a court having appellate jurisdiction, or the person in whose behalf this is done.

APPELLATE COURT

A court of which the primary function is to review the judgments of other courts and of administrative agencies.

APPELLATE JURISDICTION

The lawful authority of a court to review a decision made by a lower court.

ARRAIGNMENT

Strictly, the hearing before a court having jurisdiction in a criminal case, in which the identity of the defendant is established, the defendant is informed of the charge(s) and of his or her rights, and the defendant is required to enter a plea. II. In some usages, any appearance in court prior to trial in criminal proceedings.

ARREST

Taking an adult or juvenile into physical custody by authority of law, for the purpose of charging the person with a criminal offense or a delinquent act or status offense, terminating with the recording of a specific offense.

ARREST (UCR)

In Uniform Crime Reports terminology, all separate instances where a person is taken into physical custody or notified or cited by a law enforcement officer or agency, except those relating to minor traffic violations.

ARREST RATE

The number of arrests reported for each unit of population.

ARREST WARRANT

A document issued by a judicial officer which directs a law enforcement officer to arrest an identified person who has been accused of a specific offense.

ARSON

The intentional damaging or destruction or attempted damaging or destruction, by means of fire or explosion of the property of another without the consent of the owner, or of one's own property or that of another with intent to defraud.

ARSON (UCR)

In Uniform Crime Reports terminology, the burning or attempted burning of property with or without intent to defraud.

ASSAULT

Unlawful intentional inflicting, or attempted or threatened inflicting, of injury upon the person of another.

ASSAULT ON A LAW ENFORCEMENT OFFICER

A simple or aggravated assault, where the victim is a law enforcement officer engaged in the performance of his or her duties.

ATTENDANT CIRCUMSTANCES

The facts surrounding an event.

ATTORNEY

A person trained in the law, admitted to practice before the bar of a given jurisdiction, and authorized to advise, represent, and act for other persons in legal proceedings.

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