Glossary: Common Words and Phrases
19th Amendment: "The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any state on account of sex. Congress shall have the power to enforce this article by appropriate legislation." (Added to the U.S. Constitution in 1920.)
Admonishment: An authoritative statement made to the jury by the court regarding their conduct as jurors.
Anonymous: When someone's identity is kept unknown.
Ascertained: Determined, proved to be true.
Bailiff: An officer from the sheriff's department who maintains courtroom order and jury custody.
Beyond a reasonable doubt: In a criminal case the accused's guilt must be established "beyond a reasonable doubt." Proof beyond a reasonable doubt is proof that leaves you with an abiding conviction that the charge is true.
California Labor Code: A collection of laws regarding the broad spectrum of activities concerning the relationship between employers and employees.
California Rules of Court: The rules that regulate the practices and procedures in state court.
Challenges: The law authorizes the judge and the lawyers to excuse individual jurors from service in a particular case for various reasons. If a lawyer wishes to have a juror excused, he or she must use a "challenge" for that juror. Challenges are of two kinds:
a. For cause - The law sets forth a number of reasons why jurors may be excused "for cause." For example, a juror who is related to or employed by one of the parties in the case may be excused for cause. There is no limit to the number of for cause challenges that may be used.
b. Peremptory - Each side in a case has a certain number of challenges that can be used without giving a reason. These are called peremptory challenges. Each side may ask the judge to excuse particular jurors. If a juror is excused, this does not imply something bad and does not mean the juror is not competent in any way. It frequently happens that a prospective juror will be excused in a certain case and be accepted in another at a later date. The number of peremptory challenges has been established by the Legislature.
Civil case/civil suit: A lawsuit is called a civil case when it is between two or more individuals or corporations involved in a dispute and usually seeking a judgment awarding monetary damages.
Common law: The body of law derived from judicial decisions, rather than from statutes or constitutions.
Compulsory: Compelled; mandated by legal process or by statute.
Constitution: The fundamental law of our nation that establishes the conception, character, and organization of its sovereign power and the manner of its exercise. Also, the document that contains the guiding rules and principles, the descriptions of the power of the government, and the essential rights of the people of a country or state or other governing collective.
Controversy: A disagreement or a dispute that requires a definitive determination of how the law applies to the facts that are asserted to be true.
Counsel: One or more lawyers who represent a client.
Criminal prosecution/criminal case: The act of pursuing a criminal trial; the prosecution in a criminal suit is the state.
Degree of proof: The amount of proof necessary to prove a case. In a criminal case such proof must be beyond a reasonable doubt. In civil cases the standard is by a preponderance of the evidence.
Deliberations: This is when a jury goes into the jury room to think about and discuss evidence and testimony to reach a verdict in a civil or criminal case. The first task once in the jury room is to select a foreperson.
Directed verdict: After evidence has been presented and if no issue of fact remains for the jury to determine, the judge will tell the jury what verdict to return. The jury must return that verdict.
Disqualification: The condition of having been rendered unfit.
Eligible/eligibility: Every person who is at least 18 years of age, a citizen of the United States, and a resident of the respective county, able to understand the English language, not currently serving on any other jury, and who has not been convicted of a felony is eligible to serve as a juror (Code Civ. Proc., § 203).
Evidence: Any type of proof that is legally presented at trial through witnesses, records, and/or exhibits.
Exemptions/excuses/postponements: By law, no one who meets the basic criteria is automatically exempted from service. The law does provide for hardship excuses. Hardship is defined by law and includes no reasonable transportation, excessive travel, extreme financial burden, undue risk to physical property, physical or mental impairment or over age 70, public health and safety, or no alternate care for another. If you believe you fall in any of these categories, contact your local jury office. Postponement may be available if you have health problems, a paid vacation, or other personal commitments that cannot be rescheduled at the time you are initially called. If you have already received one postponement during the past 12 months, you will probably have to come to court and speak to a judge to further delay your service.
Exhibit: An exhibit is a document or material object produced and identified in court for the purpose of introducing it as evidence in a case. Each of these documents or objects is ordinarily given an identifying letter or number in alphabetical or numerical sequence before it is offered as evidence.
Felon: A person who has been convicted of a serious criminal offense punishable by imprisonment exceeding one year.
Foreperson: At the beginning of deliberations, the jury votes to select one of its members to be the foreperson. The jury foreperson's duty is to see that discussion during deliberations is carried on in a free and orderly manner, that the case and issues are fully and freely discussed, and that every juror is given a chance to participate in the discussion. As the deliberations conclude, the foreperson counts the votes and completes and signs the verdict form.