Key Legal Terms & Phrases

Don’t let a second language hinder your efforts. Learn the legal jargon and lingo for quick definitions in simple terms.

Ancillary Hearing:  Any hearing other than the trial.  Often referred to as a preliminary hearing.

Bailiff:  An officer employed to keep order in the court.

Bench:  The place where the Judge sits during the trial.

Bench Trial:  A trial where the judge determines all fact issues without a jury.

Chambers:  The Judge’s office.

Case in Chief:  The testimony and evidence offered by one side in support of that side positions.

Clerk:  A person who handles the paperwork of the Court.

Closing Statements:  Final statements by each attorney at the end of the trial when they argue to the Court the evidence and law.

Court:  Often used interchangeably with Judge.

Court Reporter:  The person who records the testimony and court proceedings.

Cross-Examination:  Questions asked of witnesses called by the opposing attorney.

Decree of Divorce:  The final order that is signed by the judge disposing of all issues.  Often referred to as the Final Judgement.

Direct Examination:  Questions asked of witnesses called by that attorney.

Final Judgment:  The final order that is signed by the judge disposing of all issues.

Jury Box:  The place where the jurors sit during the trial.

Non-Responsive:  When referring to the answer to a question, the answer goes beyond the question and the witness has volunteered information.

Objection:  Notice to the judge by one attorney that the proceedings are objectionable, and the attorney wants to bring it to the attention of the judge and request a ruling.

Overruled:  Stated by the judge when the judge disagrees with the attorneys notice of objection.

Sustained:  Stated by the judge when the judge agrees with the attorneys notice of objection.

Opening Statement:  Generally at the beginning of the trial, an argument by an attorney on behalf of the client’s position on the issues and applicable law.

Order:  A ruling by the Court.

Petitioner:  The party who initially files an action.

Preliminary Hearing:  Any hearing other than the trial.  Often called an ancillary hearing.

Rebuttal:  Testimony that refutes prior testimony.

Recess:  A period when the court is not in session.  The court is on break. 

Rendition:  The pronouncement of the court’s final ruling, which may be oral or written.

Respondent:  The person that the petitioner files an action against

Stipulations:  Arrangements made between the parties and/or their attorneys.

Subpoena:  A document served on a person ordering that person to appear in court to testify and/or designated documents.

Swearing In:  When a witness takes an oath to tell the truth.

Trial:  The determination of a person's guilt or innocence by due process of law.

Under Advisement:  A period after the trial when the Judge considers the testimony, evidence, reviews notes and makes a final decision.

Witness Stand: The place inside the courtroom from which the witness testifies.