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法律术语表

模拟审判练习必备的法庭术语

85 个术语

法庭术语完整指南

本法律术语表涵盖87个审判程序中使用的法庭术语,从证据规则到异议类型。每个术语包含清晰定义、法庭实际用法、示例和常见问题解答。程序性术语附有分步流程详解,许多词条还包括里程碑判例引用、词源考据和联邦与州管辖区差异说明。

按分类浏览:

  • 证据 — 证据规则、可采性标准与证据基础
  • 程序 — 审判阶段、动议、证据开示与法庭程序
  • 法庭 — 角色、结构与法庭运作
  • 异议 — 异议类型、理由与正确回应方式

A

Acquittal

法庭

An acquittal is a legal judgment that a criminal defendant is not guilty of the charged offense. An ...

Argumentative

异议

An argumentative objection is raised when an attorney's question is not genuinely seeking informatio...

Arraignment

程序

An arraignment is a formal court proceeding in which a criminal defendant is brought before a judge,...

Asked and Answered

异议

The "asked and answered" objection is raised when an attorney repeatedly asks the same question or s...

Assumes Facts Not in Evidence

异议

This objection challenges a question that contains or presupposes a factual assertion that has not b...

Authentication

证据

Authentication is the process of proving that an item of evidence is what it purports to be. The pro...

B

Bail and Bond

程序

Bail is the monetary amount or conditions set by a court to ensure a defendant returns for future co...

Bailiff

法庭

The bailiff is a court officer responsible for maintaining order and security in the courtroom. Bail...

Bench Trial

法庭

A bench trial is a trial in which the judge serves as both the arbiter of law and the finder of fact...

Best Evidence Rule

证据

The best evidence rule (more accurately called the "original document rule") requires that when the ...

Beyond Reasonable Doubt

程序

Beyond a reasonable doubt is the highest standard of proof in the American legal system, required fo...

Beyond the Scope

异议

A "beyond the scope" objection is raised during cross-examination when the cross-examining attorney ...

Burden of Proof

程序

The burden of proof refers to a party's obligation to prove the facts necessary to support their cla...

Business Records Exception

证据

The business records exception allows records of regularly conducted activity to be admitted as an e...

C

Chain of Custody

证据

Chain of custody refers to the chronological documentation or paper trail showing the seizure, custo...

Challenge for Cause

法庭

A challenge for cause is a request to dismiss a prospective juror based on a specific, articulable r...

Character Evidence

证据

Character evidence is evidence of a person's general character trait (such as honesty, peacefulness,...

Circumstantial Evidence

证据

Circumstantial evidence is evidence that requires an inference to connect it to a conclusion of fact...

Clear and Convincing Evidence

程序

Clear and convincing evidence is an intermediate standard of proof, falling between preponderance of...

Closing Argument

程序

Closing argument (or summation) is each party's final presentation to the jury, delivered after all ...

Compound Question

异议

A compound question is a single question that actually contains two or more distinct questions joine...

Court Reporter

法庭

The court reporter (also called a stenographer) creates the official verbatim transcript of all proc...

Cross-Examination

程序

Cross-examination is the questioning of a witness by the opposing party after direct examination. It...

Cumulative Evidence

证据

Cumulative evidence is additional evidence of the same type and character that proves the same point...

D

Defendant

法庭

The defendant is the party against whom a lawsuit or criminal charge is brought. In civil cases, the...

Defense Counsel

法庭

Defense counsel is the attorney who represents the defendant in civil or criminal proceedings. In cr...

Demonstrative Evidence

证据

Demonstrative evidence is evidence that illustrates, clarifies, or explains other testimony or evide...

Deposition

程序

A deposition is a form of discovery in which a witness gives sworn testimony outside of court, typic...

Direct Evidence

证据

Direct evidence proves a fact without requiring any inference or presumption. It stands on its own t...

Direct Examination

程序

Direct examination is the initial questioning of a witness by the party who called that witness to t...

Discovery

程序

Discovery is the pretrial process by which parties obtain information and evidence from each other a...

Double Jeopardy

程序

The Double Jeopardy Clause of the Fifth Amendment provides three distinct protections: it protects a...

Dying Declaration

证据

A dying declaration is a statement made by a declarant who believes their death is imminent, concern...

E

Expert Testimony

证据

Expert testimony is opinion testimony offered by a witness qualified by knowledge, skill, experience...

Expert Witness

法庭

An expert witness is a person qualified by knowledge, skill, experience, training, or education to p...

F

Foundation

证据

Foundation refers to the preliminary showing that must be made before evidence is admitted. It estab...

G

Grand Jury

程序

A grand jury is a body of citizens (typically 16-23 members in federal court) convened to evaluate w...

H

Hearsay

证据

Hearsay is an out-of-court statement offered in evidence to prove the truth of the matter asserted. ...

Hearsay Objection

异议

A hearsay objection challenges the admission of an out-of-court statement offered to prove the truth...

Hung Jury

法庭

A hung jury occurs when jurors are unable to reach the required unanimity (or statutory majority in ...

I

Impeachment

证据

Impeachment is the process of attacking a witness's credibility to reduce the weight the jury gives ...

Indictment

程序

An indictment is a formal written accusation issued by a grand jury charging a person with a crime. ...

J

Judge

法庭

The judge is the judicial officer who presides over court proceedings, rules on legal issues, instru...

Judicial Notice

证据

Judicial notice is the court's acceptance of a fact as true without requiring formal proof through e...

Jury Foreperson

法庭

The jury foreperson is the juror selected by fellow jurors (or occasionally appointed by the judge) ...

Jury Instructions

程序

Jury instructions (also called jury charges) are the legal directions given by the judge to the jury...

Jury Nullification

法庭

Jury nullification occurs when a jury acquits a defendant despite believing the evidence proves guil...

L

Lack of Foundation

异议

A lack of foundation objection is raised when testimony or evidence is offered without first establi...

Leading Question

异议

A leading question is one that suggests the desired answer within the question itself, typically ans...

M

Mistrial

法庭

A mistrial is a trial that is terminated and declared void before a verdict is reached, due to a fun...

Motion for Continuance

程序

A motion for continuance requests that the court postpone a scheduled hearing, trial, or deadline. G...

Motion for Directed Verdict

程序

A motion for directed verdict (called "judgment as a matter of law" in federal civil practice under ...

Motion for New Trial

程序

A motion for new trial asks the court to vacate the verdict and order a completely new trial. Ground...

Motion in Limine

程序

A motion in limine is a pretrial motion asking the court to rule on the admissibility of evidence be...

Motion to Dismiss

程序

A motion to dismiss is a request to terminate a case without a full trial on the merits. In civil ca...

Motion to Strike

程序

A motion to strike asks the court to remove specific material from the record. In the pleading conte...

Motion to Suppress

程序

A motion to suppress is a pretrial request asking the court to exclude evidence that was obtained in...

O

Opening Statement

程序

An opening statement is the first substantive presentation each party makes to the jury, providing a...

P

Parol Evidence Rule

证据

The parol evidence rule provides that when parties have reduced their agreement to a final written d...

Parole

程序

Parole is the supervised release of a prisoner before the completion of their maximum sentence, gran...

Peremptory Challenge

法庭

A peremptory challenge is the right of a party to reject a prospective juror during voir dire withou...

Plaintiff

法庭

The plaintiff is the party who initiates a civil lawsuit by filing a complaint against the defendant...

Plea Bargain

程序

A plea bargain is a negotiated agreement between the prosecution and the defense in a criminal case ...

Prejudicial

异议

A prejudicial (or "more prejudicial than probative") objection argues that evidence, while potential...

Preponderance of Evidence

程序

Preponderance of the evidence is the standard of proof used in most civil cases, requiring the plain...

Prior Inconsistent Statement

证据

A prior inconsistent statement is a previous statement made by a witness that contradicts their curr...

Privilege

证据

Privilege is a rule of evidence that protects certain communications from compelled disclosure in le...

Probation

程序

Probation is a sentence imposed by the court that allows a convicted defendant to remain in the comm...

Prosecutor

法庭

The prosecutor is the government attorney responsible for presenting the case against the defendant ...

R

Redirect Examination

程序

Redirect examination is the questioning of a witness by the calling party after cross-examination, l...

Relevance

证据

Evidence is relevant if it has any tendency to make a fact of consequence more or less probable than...

Res Gestae

证据

Res gestae (Latin for "things done") is a traditional evidentiary doctrine encompassing statements a...

Res Judicata

程序

Res judicata, also known as claim preclusion, is a procedural doctrine that prevents a party from re...

S

Sentencing

程序

Sentencing is the phase of a criminal proceeding in which the court imposes punishment upon a defend...

Sequestration

法庭

Sequestration refers to the isolation of jurors from outside contact during trial or deliberations t...

Speculation

异议

A speculation objection challenges testimony in which a witness guesses, conjectures, or offers opin...

Spoliation

证据

Spoliation is the intentional, reckless, or negligent destruction, alteration, or concealment of evi...

Stare Decisis

程序

Stare decisis is a foundational doctrine of the common law system meaning "to stand by things decide...

Subpoena

程序

A subpoena is a court-issued command requiring a person to attend a proceeding to testify (subpoena ...

Summary Judgment

程序

Summary judgment is a procedural device allowing a court to resolve a case or specific claims withou...

V

Verdict

法庭

The verdict is the formal decision or finding made by a jury (or judge in a bench trial) on the fact...

Voir Dire

程序

Voir dire is the process by which prospective jurors are questioned to determine their qualification...

Voir Dire Questions

法庭

Voir dire questions are the inquiries posed to prospective jurors during jury selection to uncover p...

W

Witness

法庭

A witness is any person who testifies under oath in court proceedings, providing factual testimony b...

Work Product Doctrine

证据

The work product doctrine protects materials prepared by or for an attorney in anticipation of litig...