EXAM 2026/27: COURT-RELATED
TERMS AND USAGE
Accuracy - ANSWER-The condition or quality of being true, correct, or exact;
freedom from
error or defect; precision or exactness; correctness
Administrative Office of the U.S Courts - ANSWER-AOUSC or AO; the central
support entity for the Judicial Branch. It
provides a wide range of administrative, legal, financial, management,
program, and information technology services to the federal courts. The AO provides
support and staff counsel to the Judicial Conference of the United States and its
committees, and implements and executes Judicial Conference policies, as well as
applicable federal statutes and
regulations.
admissible - ANSWER-A term used to describe evidence that may be considered by
a jury or
judge in civil and criminal cases.
Acquittal - ANSWER-A finding that the defendant is not guilty of the charges brought
by the
government. This finding may be reached by the trial judge in a case
tried before a judge alone or by the jury in a case tried before a jury.
Admit/Deny Hearing - ANSWER-A term used to describe evidence that may be
considered by a jury or
judge in civil and criminal cases.
adversary system - ANSWER-A term often applied to the Anglo-American system for
resolving
criminal cases because that system involves pitting two adversaries, the government
and the defendant, against each other in court. The
underlying theory of the adversary system is that the clash between two equally
matched adversaries is likely to yield the truth in a given case, that is, what actually
happened.
affidavit - ANSWER-A sworn written statement. Complaints, search warrants, and
arrest
warrants must be supported by affidavits establishing probable cause.
allocution - ANSWER-An oral pleading or argument made to the court at sentencing
by counsel for the defendant, the defendant, and the prosecutor. During allocution,
the speaker attempts to persuade the judge that a particular sentence should or
should not be imposed.
,Appeal - ANSWER-A request made after a trial by a party that has lost on one or
more issues that a higher court review the decision to determine if it was correct. To
make such a request is "to appeal" or "to take an appeal." The party who appeals is
called the "appellant;" and the other party is the "appellee." A defendant who has
been found guilty after a trial has the right to appeal the conviction to the appropriate
U.S. court of appeals and seek a new trial or other relief. Similarly, when authorized
by statute, a party adversely affected by a sentence imposed by the court or by a
Assistant United States Attorney - ANSWER-A USA; A federal prosecutor who
assists the U.S. Attorney in the judicial district by advocating the government's
position in criminal cases before the court.
Bail Bond - ANSWER-The money or funds paid to secure the release of a person
who has been charged with a crime for a future appearance in court; written
guaranty or pledge which is purchased from a bonding company (usually an
insurance firm) or by an individual (called a "bondsman") as security to guarantee
some form of performance, including appearing for court hearings.
Bail/Bond Hearing - ANSWER-A judicial proceeding where the court determines if a
person charged
with a criminal offense should be released on bail and trusted to make
any and all required court appearances up to and including a trial. If the court
determines that there is no reason to believe the defendant will fail to show up for
court appearances and that the accused is not likely to re-offend while on bail, it
must release the defendant subject to whatever terms and conditions are deemed
appropriate under the circumstances. Those conditions can require a defendant to
maintain a specific address, report to the police, and not have contact with victims
and witnesses. In addition, the court may require that one or more sureties pledge
some assets or cash (via a bond) to act as assurance that the defendant will comply
with the conditions of release.
Bench Trial - ANSWER-A trial before a judge without a jury. The judge decides
questions of fact as well as questions of law.
Booking - ANSWER-The criminal justice system's process for creation of an
administrative
record of those arrested.
Burden of Proof - ANSWER-The duty to prove disputed facts. In civil cases, a
plaintiff generally has
the burden of proving his or her case. In criminal cases, the government has the
burden of proving the defendant's guilt.
pretrial ruling of the court may appeal that sentence or ruling to the court of appeals
and seek a different result.
Appointed Counsel - ANSWER-An attorney appointed by the court to represent a
person, usually an
indigent person.
, Arraignment - ANSWER-When the defendant is brought before the court, informed of
the charges, and called upon to enter a plea to the charges. The defendant is given
a copy of the indictment or information before being called upon to enter a plea. This
is the initial appearance of a criminal defendant (unless the matter has been
continued from an earlier time).
Arrest - ANSWER-Occurs when, either through show of force or actual physical
seizure, a law enforcement officer detains a person or otherwise leads that person to
reasonably believe that he or she is not free to leave.
Assistant Federal Public Defender - ANSWER-The public defender fulfills the United
States Constitution's Sixth
Amendment right to counsel by representing those charged with a crime
who cannot afford an attorney. The assistant federal public defender
provides legal representation to clients charged with federal criminal
offenses or involved in other matters mandated by the Act; meets with
clients to establish meaningful attorney-client relationships; directs the
defense investigation of alleged crimes or offenses; researches case law;
prepares pretrial motions; reviews material received from the government
as pretrial discovery; engages in plea negotiations; determines trial
strategies and defense approaches that affect jury selection, opening
statements and closing arguments, client testimony, and cross-
examination of witnesses; conducts sentencing investigations and
prepares sentencing memoranda, and represents clients at sentencing
hearings; prepares post-trial motions; and represents clients at trial, on
appeal, and in other courtroom proceedings.
Case Law - ANSWER-The law as established in previous court decisions. A
synonym for legal precedent. Akin to common law, which springs from tradition and
prior judicial decisions.
Certified Interpreter - ANSWER-An interpreter who has successfully passed all the
required components of the Federal Court Interpreter Certification Examination
administered under the auspices of the Administrative Office. All staff court
interpreters must be federally certified court interpreters.
Challenge for Cause - ANSWER-A challenge to a proposed juror based on the
contention that, as a matter
of law, the juror cannot decide the case at hand fairly and impartially. A
challenge for cause must be based on specific grounds. If granted, it has
the effect of excusing the prospective juror from service on the jury.
Chambers - ANSWER-The offices of a judge and his or her staff.
Change of Plea - ANSWER-A guilty plea in a criminal case where the defendant had
previously pled not guilty. It is referred to as a "change" because the defendant had
pled "not guilty" to the charges during a previous proceeding, usually during the post
indictment arraignment, and now has decided to plead guilty to the charges instead
of going to trial.