Legal Terms

Appeal - If someone is found guilty in court of breaking a law, that decision can be appealed to a higher court (remember the court pyramid). People also can appeal to a higher court if they do not like what a judge or jury decides in other kinds of cases too, such as a disagreement over who owns something. When a court decision is appealed, the higher court decides if the lower court’s ruling was legally correct (which side wins).

Jury - A jury is 12 men and women who return to their regular jobs or other activities after they complete their service as jurors. The jury listens to both sides of a disagreement in court and decides which side wins after listening carefully to all the evidence presented by the lawyers and witnesses. Someday you might be called to be on a jury or, perhaps, your mom or dad has served on a jury.

Opinion - When a judge or group of judges writes a decision in a case, that is called the court’s opinion. An opinion sometimes is called a ruling. Have your heard a television news reporter say, “The Supreme Court ruled today”? That means the court issued an opinion in a case.

Oral Argument - When lawyers tell the court their side of the story, it is called “oral arguments.” When a case is appealed, the lawyers for both sides try to convince the judges or justices why their side should win. Sometimes the judges may ask the lawyers questions about why they think they are right.

Preliminary Hearing - When someone is arrested for breaking the law, he is taken to a judge. The prosecutor (the attorney who tries to convict the person) tries to prove that there was a crime and that the person who was arrested probably did it. If the prosecutor cannot convince the judge, the case against the person may be dismissed. If the prosecutor does convince the judge, then the person will be tried or admit he or she did the crime and agree to some kind of punishment without a trial. This “preliminary hearing” is a safeguard - or safety net - for innocent people who might be wrongly accused of committing crimes.

Preside - A judge who is in charge of a court is said to "preside" over the trial or hearing. When more than one judge (as in an appeal) is asked to listen to a case, one of the judges must act as the head of the panel. He or she is called the "presiding judge"

Unconstitutional - An law or action that does not follow the rules in our constitution is said to be "unconstitutional"