Essential courtroom terminology for mock trial practice
85 terms
This legal glossary covers 87 courtroom terms used in trial proceedings, from rules of evidence to objection types. Each term includes a clear definition, real courtroom usage, examples, and frequently asked questions. Procedural terms feature step-by-step breakdowns, and many entries include landmark case citations, word etymology, and federal vs. state jurisdiction differences.
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An acquittal is a legal judgment that a criminal defendant is not guilty of the charged offense. An ...
An argumentative objection is raised when an attorney's question is not genuinely seeking informatio...
An arraignment is a formal court proceeding in which a criminal defendant is brought before a judge,...
The "asked and answered" objection is raised when an attorney repeatedly asks the same question or s...
This objection challenges a question that contains or presupposes a factual assertion that has not b...
Authentication is the process of proving that an item of evidence is what it purports to be. The pro...
Bail is the monetary amount or conditions set by a court to ensure a defendant returns for future co...
The bailiff is a court officer responsible for maintaining order and security in the courtroom. Bail...
A bench trial is a trial in which the judge serves as both the arbiter of law and the finder of fact...
The best evidence rule (more accurately called the "original document rule") requires that when the ...
Beyond a reasonable doubt is the highest standard of proof in the American legal system, required fo...
A "beyond the scope" objection is raised during cross-examination when the cross-examining attorney ...
The burden of proof refers to a party's obligation to prove the facts necessary to support their cla...
The business records exception allows records of regularly conducted activity to be admitted as an e...
Chain of custody refers to the chronological documentation or paper trail showing the seizure, custo...
A challenge for cause is a request to dismiss a prospective juror based on a specific, articulable r...
Character evidence is evidence of a person's general character trait (such as honesty, peacefulness,...
Circumstantial evidence is evidence that requires an inference to connect it to a conclusion of fact...
Clear and convincing evidence is an intermediate standard of proof, falling between preponderance of...
Closing argument (or summation) is each party's final presentation to the jury, delivered after all ...
A compound question is a single question that actually contains two or more distinct questions joine...
The court reporter (also called a stenographer) creates the official verbatim transcript of all proc...
Cross-examination is the questioning of a witness by the opposing party after direct examination. It...
Cumulative evidence is additional evidence of the same type and character that proves the same point...
The defendant is the party against whom a lawsuit or criminal charge is brought. In civil cases, the...
Defense counsel is the attorney who represents the defendant in civil or criminal proceedings. In cr...
Demonstrative evidence is evidence that illustrates, clarifies, or explains other testimony or evide...
A deposition is a form of discovery in which a witness gives sworn testimony outside of court, typic...
Direct evidence proves a fact without requiring any inference or presumption. It stands on its own t...
Direct examination is the initial questioning of a witness by the party who called that witness to t...
Discovery is the pretrial process by which parties obtain information and evidence from each other a...
The Double Jeopardy Clause of the Fifth Amendment provides three distinct protections: it protects a...
A dying declaration is a statement made by a declarant who believes their death is imminent, concern...
Hearsay is an out-of-court statement offered in evidence to prove the truth of the matter asserted. ...
A hearsay objection challenges the admission of an out-of-court statement offered to prove the truth...
A hung jury occurs when jurors are unable to reach the required unanimity (or statutory majority in ...
The judge is the judicial officer who presides over court proceedings, rules on legal issues, instru...
Judicial notice is the court's acceptance of a fact as true without requiring formal proof through e...
The jury foreperson is the juror selected by fellow jurors (or occasionally appointed by the judge) ...
Jury instructions (also called jury charges) are the legal directions given by the judge to the jury...
Jury nullification occurs when a jury acquits a defendant despite believing the evidence proves guil...
A mistrial is a trial that is terminated and declared void before a verdict is reached, due to a fun...
A motion for continuance requests that the court postpone a scheduled hearing, trial, or deadline. G...
A motion for directed verdict (called "judgment as a matter of law" in federal civil practice under ...
A motion for new trial asks the court to vacate the verdict and order a completely new trial. Ground...
A motion in limine is a pretrial motion asking the court to rule on the admissibility of evidence be...
A motion to dismiss is a request to terminate a case without a full trial on the merits. In civil ca...
A motion to strike asks the court to remove specific material from the record. In the pleading conte...
A motion to suppress is a pretrial request asking the court to exclude evidence that was obtained in...
The parol evidence rule provides that when parties have reduced their agreement to a final written d...
Parole is the supervised release of a prisoner before the completion of their maximum sentence, gran...
A peremptory challenge is the right of a party to reject a prospective juror during voir dire withou...
The plaintiff is the party who initiates a civil lawsuit by filing a complaint against the defendant...
A plea bargain is a negotiated agreement between the prosecution and the defense in a criminal case ...
A prejudicial (or "more prejudicial than probative") objection argues that evidence, while potential...
Preponderance of the evidence is the standard of proof used in most civil cases, requiring the plain...
A prior inconsistent statement is a previous statement made by a witness that contradicts their curr...
Privilege is a rule of evidence that protects certain communications from compelled disclosure in le...
Probation is a sentence imposed by the court that allows a convicted defendant to remain in the comm...
The prosecutor is the government attorney responsible for presenting the case against the defendant ...
Redirect examination is the questioning of a witness by the calling party after cross-examination, l...
Evidence is relevant if it has any tendency to make a fact of consequence more or less probable than...
Res gestae (Latin for "things done") is a traditional evidentiary doctrine encompassing statements a...
Res judicata, also known as claim preclusion, is a procedural doctrine that prevents a party from re...
Sentencing is the phase of a criminal proceeding in which the court imposes punishment upon a defend...
Sequestration refers to the isolation of jurors from outside contact during trial or deliberations t...
A speculation objection challenges testimony in which a witness guesses, conjectures, or offers opin...
Spoliation is the intentional, reckless, or negligent destruction, alteration, or concealment of evi...
Stare decisis is a foundational doctrine of the common law system meaning "to stand by things decide...
A subpoena is a court-issued command requiring a person to attend a proceeding to testify (subpoena ...
Summary judgment is a procedural device allowing a court to resolve a case or specific claims withou...
The verdict is the formal decision or finding made by a jury (or judge in a bench trial) on the fact...
Voir dire is the process by which prospective jurors are questioned to determine their qualification...
Voir dire questions are the inquiries posed to prospective jurors during jury selection to uncover p...
