312-372-1227 Law Definitions
- Affidavit – A written statement made under oath, punishable by penalty of perjury. To be valid in court, it must be signed in the presence of a notary public or another official taker of an oath. If anything in it is found to be untrue, the witness can be charged with perjury and sentenced up to five years in prison.
- Counsel – Often interchangeable with “lawyer.” The term includes your lawyer and any legal advice they give you.
- De Facto – Literally meaning “In fact” but used in court to describe practices that exist but aren’t officially recognized by law.
- Example – “English is the de facto language in the United States” – this is seen to be true, but there is no law stating it.
- When practice is directly backed by law – De Jure
- Grand Jury – Comprised of 16-23 citizens who listen to all arguments and observe evidence before determining if an individual is guilty or not. Average citizens are randomly selected and questioned. Based on the 5th Amendment to the United States Constitution. Nobody can be charged with a federal crime unless a jury indicates they’re guilty of committing one. *Discuss connection to civil law as well
- Habeas Corpus – “You have the body.” A writ (written command) is used to force law enforcement to justify why they’re holding a prisoner. It demands they’re brought to court to see if a prisoner’s detainment is unlawful.
- Litigation – A broad term, settling any dispute in court. It involves any action that can be resolved in a court of law.
- Standard of Proof – The degree of evidence necessary to charge a defendant in any given court case. Only one of the following three levels need to be met in a criminal conviction:
- By a preponderance of the evidence
- Clear and convincing evidence
- Beyond a reasonable doubt (this is the highest form)
- Pro Se – “For oneself” or your right to defend yourself in court (ill-advised but always an option)
- Testimony – Similar to an affidavit, a statement presented in court under oath, but this is verbal and not written.
- Verdict – The final decision reached by the jury in each case. Once accepted by the presiding judge, it is final and can only be overturned if an appeal is granted by the court.
- Warrant – A document issued by the court that grants a police officer permission to arrest a person or search their property. If any evidence was obtained without one, it could be dismissed.
- Plaintiff – The person who initiated a lawsuit against someone else.
- Defendant – The person, company, etc. that a lawsuit is brought against.
- Deposition – A statement under oath, taken down in writing, to be used in court in place of the spoken testimony from a witness.
- Contingency fee – Paid to an attorney if they are successful in recovering compensation on behalf of their client. The attorney receives a percentage of the verdict or settlement amount.
- Discovery – The investigation before a lawsuit goes to trial. Parties gather facts and information about the other party to build their case, written or oral.
- Motion – A request by one party for a judge’s ruling on an issue that parties can’t come to an agreement on that is made orally or in writing at any point during a lawsuit.
- Medical Malpractice – Care given by a healthcare provider that is negligent or doesn’t meet the standards of care, which results in a patient’s injury or death.
- Wrongful Death – A death caused by the negligence of another person.
- Negligence – The failure to act with the degree of care that the law requires to protect other people and their interests.
- Damages – The amount of money a client can recover in a lawsuit.
- Summons – A legal document that requires a defendant to appear in court. Different than a subpoena in that it requests an appearance and is solely intended for a case defendant.
- Subpoena – Similar to a deposition in that it requires the served party to act. However, while a deposition requires the served party to make a statement, this requires them to make an appearance in court and testify under oath.
- Pleadings – The documents that are filed with the court handling the case that give basic details on where each party stands on matters material to the case.
- Settlement – Occurs when either the plaintiff or defendant decides to come to terms in regard to their dispute outside of the court. It is usually in the form of monetary payment to the affected party that satisfies them but doesn’t require the defendant to admit fault.
- Misdemeanors – A crime or punishable offense that can result in a year or less of imprisonment.
- Examples – DUI, burglary, perjury, assault, etc.
- Felonies – A crime or punishable offense that can be penalized by more than a year of imprisonment.
- Examples – drug manufacturing, auto theft, arson, rape, manslaughter, etc.
- Direct Examination – The time spent by a witness on the stand testifying and answering questions from the attorney who called them.
- They’re interviewed by the attorney who called them for the case.
- Cross-Examination – When a witness is interviewed by an opposing attorney.
- Move to Strike – Lawyers can request it when something that is said by a witness isn’t wanted to be taken into consideration by the jury. They are commonly opinions given that weren’t asked.
- Sustained – What the judge says when they agreed to an objection. The attorney must rephrase the question, or the witness must restate their answer.
- Objection – What an attorney may say when they have an issue with the way the opposing party is cross-examining a witness, or a witness makes a statement that is considered to be hearsay.
- Hearsay – Unverified, unofficial information gained or acquired from another and not part of one’s direct knowledge that a witness says during examination or cross-examination.
- Prosecution – The action of charging someone with a crime and putting them on trial.
Patrick A. Salvi concentrates his legal practice in several limited areas, primarily involving a trial practice in cases concerning severe personal injury, medical malpractice, wrongful death, and mass torts.
