acquittal: A decision by the trial jury or judge that a person is not guilty of an offense. An acquittal happens only after the trial of the case and the prosecution finishes presenting its testimony.adjournment: A break in the case, suspending proceedings until a later date or time.
adjudication: The judgment reached in a judicial procedure.
adversary system: A judicial system in which opposing parties present their arguments in a case before a trial court.
affidavit: A written statement originally made under oath before a notary public or other authorized official.
affirmance: A decision by an appeals court that upholds the decision of a lower court.
affirm: The ruling of an appellate court that the judgment of a lower court is proper and should not be overturned.
allegation: An assertion made by a party in a court proceeding which must be proved or supported with evidence during the trial.
alternate jurors: extra jurors chosen in case one of the twelve (or six) jurors become unavailable to serve during the trial.
Aflred Plea: A plea in which the defendant agrees to enter a specific plea as being in his or her best interests because the prosecution might well be able to convict the defendant and the sentence could then be more severe, but under an Alfred Plea (also called a "best interests plea") the defendant never admits guilt and may in fact continue to proclaim his or her innocence.
Alternative Probation Counseling: An office supervising certain terms of probation which generally include drug and alcohol counseling and testing. The terms of probation also often include counseling on how to avoid violent confrontations or to help couples or individual defendants previously involved with domestic violence.
answer: The defendant's response to allegations in a case.
appeal: A request for review by a higher court of proceedings in a lower court.
appellant: The party appealing a lower court decision or judgment to a higher court.
appellate judges (Appeals Court): Judges that decide an appeal.
appellate argument: A court proceeding at which an appeal is orally argued before appellate judges.
appellee: The party against whom an appeal is filed.
application for a stay: A request to be released while an appeal is pending.
arraignment: The court appearance of a person accused of criminal behavior to hear the charges against him or her and to enter a plea of guilty or not guilty.
arraignment: A court proceeding at which a person is informed of the charges against him/her. In Hamilton County, Tennessee, arraignments in General Sessions Court are generally at 8:30 a.m. on Monday morning, with some arraignments on Monday afternoon at 1:30 p.m., though in either event defendants are to be on hand half an hour early to learn which courtroom their case is being assigned to. In Hamilton County Criminal Court arraignments are at 8:30 a.m. or 9:00 a.m. on Friday mornings, depending on which judge is handling the case. Defendants unable to make bond after an initial arrest will generally be taken to General Sessions Court for their arraignment and a review of their bond at the first opportunity, usually meaning 8:30 a.m. in the were arrested overnight, or or 1:30 p.m. if they were arrested late in the morning.... but if court is still in progress when the jail finishes the booking process, the defendant is generally taken over to Sessions Court even if the court has already begun hearing matters on its docket. If the defendant is arrested on an indictment, however, he or she will generally have to wait until the regular Friday morning arraignments, unless an attorney steps in to get the matter brought up more quickly.
arrest: The act of being taken into custody by the police.
Back to Topbail: security, usually in the form of money or property, exchanged for the release of a jailed person to insure his or her appearance in court.bailiff: an officer from the sheriff's department who maintains courtroom order and jury custody.
bar association: a collective body of attorneys qualified to practice law in a particular jurisdiction, such as the American Bar Association, or Tennessee Bar Association.
bar: In addition to referring generally to the entire legal profession as a whole, it also refers to a specific location in the courtroom right in front of the Judge where cases are argued and where the defendant makes his or her initial appearance before the court.
bench: The place where the judge sits in the courtroom; it also sometimes refers to the judge, as in a "bench trial" which is a trial by the judge without a jury.
bench warrant: A court order for a person's arrest that is issued when a person fails to appear in court on a scheduled date.
beyond a reasonable doubt: The burden of proof that the prosecutor must meet at trial in proving that a person is guilty of an offense.
bond: An assurance in the form of money or property that a defendant will appear in court. If the person fails to appear, the bond is paid to the clerk of the court.
bodily injury: A cut, abrasion, bruise, burn, or disfigurement; physical pain or temporary illness or impairment of the function of a bodily member organ or mental faculty.
brief: A written legal argument.
burglary: A criminal offense committed when a person enters a building not open to the public, when no one is living in the building, and the entry is for the purpose of committing a felony or a theft. A burglary is also committed when a person remains concealed inside a building without the the property owner's consent, again for the purpose of committing a felony or theft inside the building. It is also a burglary if a person enters a freight or passenger car, automobile, truck, trailer, or any other motor vehicle for the purpose of committing a felony or theft. The crime of burglary is completed at the time of illegal entry, and it does not matter whether the criminal succeeds in committing the felony, theft, or assault -- if he does, then those additional crimes are charged separately. "Breaking in" or using force to enter is not required for burglary, so long as the entry is with the purpose of committing a felony or theft. Entry into a building is defined as an intrusion into the building by any part of the body, or any object in physical contact with the body, or any object controlled by a person. (If someone breaks out a store window, reaches into the window with a net on the end of a pole and grabs up a pair boots, they could be properly charged with vandalism for breaking the window, burglary for illegally entering the window with the object, and theft for taking the boots.
While Tennessee used to have First, Second, and Third Degree Burglary, depending on whether the burglar entered dwelling house at night, during the day, or whether they entered a motor vehicle or any building other than one where someone lived. All those distinctions were done away with by the 1989 Criminal Sentencing Act and now the time of day of the break-in has nothing to do with which category of Burglary is committed.Aggravated burglary: is a burglary of a building someone lives in, and that includes mobile homes.
Especially aggravated burglary: is any burglary causing serious bodily injury to a victim.
Back to Topcalendar part: A courtroom where a case is scheduled for further proceedings.calendared: Setting a date for court action to occur in a case.
capias: A court order requiring that a person be brought before the court.
capital case: a criminal case in which the death sentence may be imposed.
case: any proceeding action, cause, suit, lawsuit or controversy initiated through the court system by filing a complaint, petition or indictment.
central booking: Police Department office where fingerprints and photographs are taken after an arrest.
challenge for cause: A motion to excuse a juror from serving on a jury because he or she could not be fair or for some other reason allowed by law.
charge: Accusation of an offense.
charge to the jury: a judge's instructions to the jury regarding the laws pertaining to a case.
Chief Justice: Presiding justice of the Supreme Court.
Chief Judge: The administrative head of a particular division of state court, such as the Court of Appeals, Circuit Court or District Court, who is responsible for the management of individual courts.
Circuit Court: The jury trial level court in Tennessee, handing both civil matters and all criminal jury trials and where all felonies must be handled, although in the state's larger counties special Circuit Court level courts exist called Criminal Court, handling exclusively criminal matters.
citation: A document issued by a law enforcement officer that charges a person with a violation and requires the person charged to appear in a designated court at a specified date and time, or which sometimes first requires a person to appear at the jail for booking and then to later appear in court. Citations seldom will involve bail, but will instead simply allow a person to remain free without bond.
City Court: A lower level court handling initial appearances for those arrested in municipalities (cities) with City Courts, without an indictment and allowing for non-jury trials for misdemeanors. City Court will have the same authority to deal with state crimes as a General Sessions Court and can not dispose of any felony charge unless the charge is reduced to a misdemeanor. In Chattanooga, the prosecuting attorney's office as a matter of policy brings all state criminal offenses in Hamilton County General Sessions Court instead of Chattanooga City Court.
civil suit: A suit involving a dispute between two or more individuals or corporations, and usually involving a judgment awarding monetary damages.
claim: the assertion of a right to money or property
closing argument: a summary of evidence presented to the jury by the attorneys involved in a trial.
co-defendant: Another person charged with the same offense or charged with a lesser related offense for alleged involvement in a criminal offense.
codicil: a supplement or addition to a will.
commute a sentence: the reduction or substitution or change of a sentence to a lesser sentence.
complainant: the plaintiff in a case.
complaint (civil): statements by the plaintiff making claims against the defendant.
complaint (criminal): A statement charging an individual with a criminal violation.
concurrent sentences: Sentences that are served at the same time.
conditional discharge: A sentence allowing for release from jail without supervision by the Department of Probation, but which requires compliance with conditions set by the court.
consecutive sentences: Sentences that must be served one after another.
contempt of court: Disregard or disobedience for the authority of a court of law.
continuance: A postponement of a criminal case.
conviction: A finding of guilt of an offense, following either a guilty plea or a trial verdict.
counterclaim: a claim filed by a defendant against the plaintiff in a civil action.
court costs: Charges that must be paid to the Clerk of the Court for the cost of handling the paperwork in a case, but a defendant only has to pay the court costs if convicted or if part of a plea bargain, and under certain circumstances the court can waive the court costs.
Court of Criminal Appeals: The court where criminal cases are initially appealed in Tennessee; cases appealed are decided on the basis of the court record of of the testimony introduced at trial -- additional evidence is generally not allowed.
Criminal Court: The specific Circuit Court level court established in Tennessee's larger counties and hearing only criminal cases, and have the power to hold jury trials and dispose of felony charges.
cross-examination: Questioning of a witness by the lawyer who has not called the witness.
deadly weapon: Any firearm, or other object, which is designed, made or adapted for the purpose of inflicting death or serious bodily injury, or any object, that, used in the manner of its intended use, is capable of causing death or serious bodily injury. Obviously guns and knives are deadly weapons, but otherwise innocent objects such as baseball bats and sewing scissors can also be deadly weapons if used in such a manner that they are likely to cause death or serious bodily injury.defendant: the person against whom a civil lawsuit is started, or a crime is charged.
defense: Evidence or arguments presented on behalf of a person accused of an offense.
deliberations: A process in which a jury meets in private and considers the evidence presented at trial in order to reach a verdict or decision.
delinquency: The legal name given to any behavior by a juvenile that the Juvenile Court wants to punish. This includes all behavior that would be criminal for an adult, as well as a great deal of behavior called "status offenses" that are perfectly legal for adults, but which are illegal for juveniles.
Department of Corrections: The state agency responsible for housing and holding inmates in jail and with supervising them when they are on probation after release from jail.
deposition: Testimony taken under oath and outside the courtroom.
direct examination: Questioning of a witness by the lawyer who called that witness.
directed verdict: A process under which cases are dismissed by Order of the Court at the end of the prosecution's case because the evidence was too weak or missing an essential element needed to allow a jury to decide weather the defendant is guilty. Tennessee has abolished the "directed verdict" process but has replaced it with a judgment of acquittal entered by the judge after the defendant makes a Motion for Judgment of Acquittal. The process is the same.
discovery: A process lawyers use to find out information about a case.
District: a geographical court jurisdiction composed of one or more counties.
diversion: A process in which a charge is essentially put on hold for a period without recording any final judgment during a specific period of time, giving a defendant with an otherwise clean record a chance to have the charge dismissed entirely and to keep a clean record if he or she stays out of further trouble and complies with the terms of diversion order or agreement
double jeopardy: The practice prohibited under the U.S. Constitution under which a defendant would be prosecuted or punished twice for the same offense -- before the Constitutional ban on this practice, defendants were often tried a second time for the same offense after they were found not guilty the first time.
due process: a right under the Constitution to a fair and impartial trial.
Back to Topembezzlement: one of several types of theft Tennessee eliminated as specific criminal offenses in 1989 -- the conduct making up this offense is now dealt with under the general criminal offense of theft.evidence: Testimony and exhibits introduced at a hearing or trial.
exhibits: Physical evidence introduced at a hearing or trial.
expunge: To erase or eliminate all court records that a charge has even been filed. The process, called expungement is available in Tennessee for any charge that is dismissed by the court or which the prosecution drops or which results in a verdict of "not guilty."
Back to Topfelony: An offense which is punishable by a sentence of imprisonment of more than one year, or a sentence of death for murder in the first degree.felony complaint: The first document filed with the court that sets out the initial charges in a felony case.
fine: A sentence that requires the payment of money.
fingerprints: The pattern of marks on our fingers which is unique for every person and which is used to identify people.
fingerprint report (rap sheet): a summary of a defendant's prior and/or pending arrests, charges and convictions.
fraudulent breach of trust: one of several types of theft Tennessee eliminated as specific criminal offenses in 1989 -- the conduct making up this offense is now dealt with under the general criminal offense of theft.
Back to TopGeneral Sessions Court: The lower level court handling initial appearances for those arrested without an indictment and allowing for non-jury trials for misdemeanors. General Sessions Court can not dispose of any felony charge unless the charge is reduced to a misdemeanor. General Sessions Court will also hear lawsuits filed there, but these are largely "small claims" cases and generally can not involve anything more than $15,000 in damages.grand jury: A group of citizens who decide if the prosecutor has enough evidence to indict a person and have the charges heard by a jury. Grand jury proceedings are always in secret and only the prosecuting attorney is allowed to present evidence there -- defendants and their attorneys are not allowed to appear or cross examine witnesses.... which is one reason the grand jury generally does whatever the prosecuting attorney wants.
guilty plea diversion: A process in which a defendant pleads guilty and takes a specific sentence for the offense, but the sentence is not carried out and the court never even formally records or files the sentence so long as the defendant complies with the conditions the court puts on the defendant (generally conditions include paying court costs and "good behavior", which essentially means staying out further trouble, and the court can also impose additional conditions). If at the end of the period of diversion the defendant has complied with all of the conditions, the charge is dismissed and the record can be expunged.
hearing: A court proceeding where testimony is given, exhibits are reviewed, and/or legal arguments are made, to help a judge decide an issue in a case.
homicide: An offense involving the killing of one person by another.
house arrest: A program allowing a person to effectively serve their jail sentence in their home. They are allowed to leave their home only when they are going to work or to school or to visit their attorney. They are required to wear monitoring devises that will track their location at all times and they must check in from their home by phone when called. House arrest may also be a condition of release prior to trial.
hung jury: A term used to describe a trial jury when the jurors can't reach a unanimous verdict.
Back to Topimpeach or impeachment: to discredit or raise questions or doubt about the trustworthiness or accuracy of a witness's testimony.indictment: A grand jury's written accusation charging that a person or business allegedly committed a crime.
injunctions: Court orders enjoining or prohibiting parties in court or legal matters from specific courses of action.
instructions: directions given by a judge regarding the law in a case.
Back to Topjeopardy: not the game show, but a point in a trial after which the defendant faces the prospect of punishment and the case can not be brought again against the defendant if the case is dismissed.judicial diversion: A process in which even after the judge hears all of the evidence and is convinced guilt has been established beyond a reasonable doubt, the judge feels that based on the facts of the case and on the good prior record of the defendant it is appropriate to give the defendant another chance to avoid having a permanent criminal record. The judge sets out a specific sentence for the offense, but the sentence is not carried out and the court never even formally records or files the sentence so long as the defendant complies with the conditions the court puts on the defendant (generally conditions include paying court costs and "good behavior", which essentially means staying out further trouble, and the court can also impose additional conditions). If at the end of the period of diversion the defendant has complied with all of the conditions, the charge is dismissed and the record can be expunged.
Judge: an elected or appointed official with the authority to hear and decide cases in a court of law.
jurors (jury): a group of citizens who decide at trial if a defendant is guilty or not guilty of charges.
jury box: where the jury sits during the trial
jury charge or jury instructions: Explanation of the law read to the jury.
Back to Toplarceny: one of several types of theft Tennessee eliminated as specific criminal offenses in 1989 -- the conduct making up this offense is now dealt with under the general criminal offense of theft.larceny from the person: one of several types of theft Tennessee eliminated as specific criminal offenses in 1989 -- the conduct making up this offense is now dealt with under the general criminal offense of theft.
law: Rules and principles of conduct set out by the legislature, court decisions or local customs.
life imprisonment without the possibility of parole: Sentence of imprisonment without the possibility of release.
litigant: any person or group engaged in a lawsuit.
litigation: the process of disputing a matter in court.
magistrate: A low ranking judicial official having power to issue warrants for the arrest of a person charged with a public offense and also having authority to set bonds and sometimes to here very minor cases, such as traffic offenses.misdemeanor: An offense punishable by up to one year in jail.
misdemeanor complaint: A document filed with the court setting out the initial charges in a misdemeanor case.
mistrial: A decision by a judge to end a trial before a verdict is reached.
motion: A request for an order or a ruling by the judge.
Back to Topnolo contendere: Also called a "nolo plea", it is Latin which literally means "no contest." In other words it is a plea in which a defendant neither admits nor denies the charge but simply does not argue the matter and allows the Court to record a conviction and enter a sentence.
Back to Topoath: a written or oral pledge to keep a promise to speak the truth.objection: a request that the judge exclude certain evidence.
opening statement: argument to the jury or judge made at the beginning of a trial.
O.R.'d (release on recognizance): "O. R." stands for "own recognizance" and to be released on "O.R." or to be "O.R.'d" means to be released from jail without bail while a case is pending.
overrule: the court's denial of a motion or objection raised to the court.
Back to Topparties: those persons, corporations or associations who have filed a lawsuit or are defendants in a lawsuit.pass: having a case continued or having a new date set for a trial or for a motion to be heard
penal Code: a group of laws and penalties relating to criminal acts.
people's appeal: an appeal brought by the prosecuting attorney.
perjury: the act of a witness providing false or misleading material testimony while under oath in a case.
peremptory challenges: the removal of members from a jury for no stated reason or cause.
petit jury: a trial jury as opposed to a Grand Jury.
peremptory challenge: a motion to excuse a juror from serving on a jury without any reason given.
plaintiff: the person or party filing suit in a court against another person or group.
plea bargain: An agreement between a defendant, a judge, and a prosecutor, in which the defendant admits guilt, usually in exchange for a promise that a particular sentence will be imposed. Plea agreements are always subject to the approval of the judge and a judge can reject a plea agreement considered inappropriate.
plead guilty (guilty plea): where a defendant admits to having committed a charged offense.
pleadings: the offering of pleas of a specific nature, such as guilty or not guilty, to a court.
post bail: pay bail.
preliminary hearings: Synonymous with "preliminary examination" or "probable cause hearing." The court hearing given a person charged with a crime to determine whether a chase should be sent to a Grand Jury for indictment or whether it should be dismissed because there is too little proof.
pre-sentence memoranda: Documents prepared by the prosecutor and/or the defendant to help the judge determine a sentence.
pretrial diversion: A process in which the defendant and the prosecuting attorney agree to continue the case on condition of the defendant's good behavior, and also on whatever other conditions might be agreed to, and they further agree to dismiss the case entirely at the end of the period of diversion, allowing the defendant to expunge the record.
probable cause: a reasonable belief that a crime has been or being committed; the basis for all lawful searches.
probate: the legal process of determining the validity of a will, handling claims made against the estate and distributing the remaining assets.
probation: A sentence that does not involve prison, but requires compliance with certain conditions for a specified period of time under the supervision of the Department of Corrections through the Probation Office. Probation may be supervised probation or unsupervised probation. Supervised probation involves reporting in to a probation officer or similar official and following the conditions the probation officer may require, including getting and keeping a job and reporting to the probation officer where you stay. Unsupervised probation requires no reporting to anyone -- you simply have to stay out of any further trouble.
probation office: An agency of the Department of Corrections prepares a written report concerning a defendant's background and the circumstances surrounding the offense. The Probation Office also supervises defendants sentenced to probation.
probation officer: an employee of the Department of Corrections who prepares pre-sentence reports and supervises defendants placed on probation.
prosecution: the act of pursuing a lawsuit or criminal trial; the prosecution in a criminal suit is the state.
prosecutor: a lawyer who represents the government in criminal cases (also known as the assistant district attorney or A.D.A., or the district attorney or D.A., or the state, the prosecuting attorney, the People, or the prosecution).
P.S.I.: Pre-Sentence Investigation -- a report prepared by the Department of Probation to assist the court in deciding on the proper sentence or to decide whether a defendant is eligible for pretrial diversion.
Back to Toprap sheet: a summary of a defendant's prior and/or currently pending arrests and convictions.rebuttal: evidence or arguments made in response to a case.
redirect Examination: Follows cross examination and is exercised by the counsel who introduced the witness. Questions on redirect are to be limited to areas raised on cross-examination, and if an issue was not raised on the initial direct or on coss-examination, most judges will not allow it to be brought up on redirect.
remand or remanded to custody: to be sent to jail.
remit: an order by an appeals court sending a case back to a lower court for further proceedings.
restitution: Payment from a defendant to a victim in a criminal case to compensate the victim for losses the victim suffered in the commission of the offense, generally restitution is ordered as a part of a sentence and can be for medical bills, stolen or damaged property or lost wages.
reversal: A decision by an appeals court that rejects the decision of a lower court.
robbery: The crime of intentionally taking something of value from a person by means of force or violence or by putting the victim in fear that if he or she doesn't give up the property, the victim will be harmed or killed. While discussing robbery is is noteworthy to mention that the terms "armed robbery" and "strong-arm robbery" no longer have any legal significance in Tennessee -- the terms were used before 1989, but a major change in the criminal code eliminated those categories in Tennessee. Today there are three different categories of robbery under Tennessee law: simple robbery as just defined, and also aggravated robbery and especially aggravated robbery, both defined as follows:
aggravated robbery: a robbery accomplished with a deadly weapon, or displaying something that appears to be a deadly weapon.ruling: A decision from a court on a case or on a single issue in a case.especially aggravated robbery: a robbery accomplished by the use of a deadly weapon and in which the victim suffers serious bodily injury. Both factors must be present. Bodily injury is considered serious if it involves a substantial risk of death, a long period of unconsciousness, extreme physical pain, obvious disfigurement, or a long period of loss or substantial impairment of a function, or a body member, organ, or faculty.
Back to Topsentence: A punishment imposed by a judge following a conviction.sentencing: A court proceeding at which a sentence is imposed.
sentencing proceeding: Trial before a jury to determine if a sentence of death or life imprisonment without the possibility of parole should be imposed.
sequester a jury: to place members of a jury into 24 hour a day seclusion until they are able to reach a verdict.
serious bodily injury: Bodily injury involving (a) a substantial risk of death; (b) a long period of unconsciousness: (c) extreme physical pain; (d) obvious disfigurement; or (e) a long period of loss or substantial impairment of a function of a bodily member or mental faculty.
settlement conference: A date in Criminal Court or Circuit Court set up to allow the defense and prosecution to discuss a possible plea agreement and dispose of the charge without trial.
split sentence: A jail sentence combining time in and out of jail, just as incarceration with work release to a regular job in the community and requiring the inmate to return to jail each day after work, or a period during which the inmate is living at home in the community during the week and going to jail each weekend, or some other period of time when the inmate is in jail part of the time but also released part of the time. This is followed by a period of probation.
status offense: Non-criminal forms of misbehavior by juveniles, such as running away from home, skipping school, or ignoring the direction of parents or teachers. While it may be "non-criminal" it still results in punishment, though Juvenile Courts try to pretend it is "rehabilitation" for "delinquent" behavior.
statutes: laws passed or enacted by the state legislature.
statute of limitations: a law setting a time limit on enforcement of rights in certain cases; the maximum period of time a plaintiff can wait before filing suit. Once the statute of limitations has run, the plaintiff can no longer file suit.
subpoena: a written legal notice requiring a person to appear in court or at a deposition to provide testimony as a witness. If you get a subpoena, you must appear in court when and where you are directed to do so; if you don't, the court can have you arrested and held in jail until the case comes up again, or have you held in jail to explain why you failed to appear to testify before.... and if the explaination is not good enough, you can be sent to jail for contempt of court. If you believe that you cannot appear when subpoenaed, call the appropriate clerk's office at once.
subpoena duces tecum: a written legal notice requiring a person to appear in court or at a deposition to provide testimony as a witness, and to also bring certain requested documents or other physical objects to they can be examined and/or introduced into evidence.
summons: the formal written notice given to a defendant in a civil case advising the defendant that has been sued and requiring the defendant to answer the complain in court.
summation: closing argument made at trial.
suppression order: a court order that prohibits the admission of specific evidence at trial.
Supreme Court: The highest appellate Court in Tennessee.
surrebuttal: The stage of the trial when a party may offer evidence in response to rebuttal evidence.
sustain: The court's acceptance of any motion or objection.
sworn oath: A promise to tell the truth.
Back to Toptemporary order of protection: A court order that forbids a person from contacting or being in the presence of a specific person for a specified period of time.testify (testimony): To speak under oath.
theft: The crime of knowingly obtaining or exercising control over the property of another person without that person's consent and for the purpose of depriving the owner of that property. Stealing something. Though criminal, it is not robbery to take the property of another person without using force or threatening to use force. That sort of illegal taking is a theft. A person commits theft of property if he or she knowingly obtains or exercises control over another person's property without that person's consent and for the purpose of depriving the owner of that property. Thefts are classified in terms of cash stolen with the seriousness of thefts increasing at $500 (a misdemeanor in Tennessee), $1,000, $10,000, and $60,000 (all felonies, each one more serious)
transcripts: Official record of everything that is said in court. A person seeking a transcript must pay the court reporter for it, and that charge is generally about $3.00 a page, which averages about a minute and a half of testimony.
trial: A court proceeding at which a judge or jury decides whether a person is guilty or not guilty of the charges against him or her, or in a civil case where a judge or jury decides who wins the dispute between the parties.
unconditional discharge: A sentence which does not require either any imprisonment or conditions.
Back to Topvacated: A court order which has been canceled and thus has no legal effect.vandalism: The criminal offense of Causing damage, to or destruction of property of another person or of the State of Tennessee or the United States or of any county, city, or town, knowing that you do not have the owner's effective consent to do so. Property is damaged when it is destroyed, polluted, or contaminated, or tampered with. Damage also occurs when the owner suffers a financial loss or substantial inconvenience as a result of the vandalism. Vandalism as an offense is punished according to classifications that track theft statutes. In other words, the seriousness of vandalism depends upon the financial damage done.
venire: A group of sworn jurors.
venue: The proper location for a case to be tried. In criminal cases this is the city or the county where the crime was committed. Under a "change of venue," the court moves the place where a trial is to be held when it is shown that a fair trial cannot be had where the crime was committed. In civil cases the venue is generally the county or judicial district where the events giving rise to the lawsuit happened or where the defendant lives.
verdict: The trial judge or jury's decision as to whether a person is guilty or not guilty of charged offenses.
victim-witness coordinator: An individual in a prosecuting attorney's office whose function it is to keep victims informed of the prceedings, and to explain the proceedings to victims. Prosecuting attorneys in smaller counties are unlikely to have such a position in the office. The creation such positions is part of the growing trend toward "victims' rights."
victim impact statement: A statement in felony cases the victim is allowed to make to the court during the sentencing process regarding the effect the crime has had on the victim's life. The statement can be oral or in writing and is to be considered by the court in setting the sentence
violation: Any offense punishable by jail time or even simply by a fine.
voir dire: The process of selecting a jury, or in some circumstances the process of establishing that a witness is qualified to offer certain testimony in a case.
Back to Topwaive: To give up a legal right. (When a defendant waives a case to the Grand Jury, the defendant is giving up the right to a preliminary hearing.)well: The section of the court containing the tables at which the defendant, prosecutor and lawyers sit.
work release: an alternative sentence allowing an inmate convicted to jail time to leave the workhouse where he or she is being held and go to work each day on a regular job
witness: A person testifying under oath in court, who possesses factual knowledge about a case.
Writ of Habeas Corpus: A court order used to bring an individual in custody before a court to determine the legality of his confinement.
Writ of Mandamus: An order issued by a court of superior jurisdiction commanding performance of a particular act by an inferior court or public official.
Writ of Prohibition: An order issued by a court of superior jurisdiction commanding a lower court to vacate a ruling issued in a suit.
return to Jes Beard's home page at http://www.jesbeard.com/
Click here to e-mail questions, suggestions or corrections regarding this page.
Disclosure on Non-Representation Link
Disclosures on Certification of Specialization
Link