Guide to the Federal Judicial
System
GLOSSARY
A B C D
E F G H
I J K L
M N O P
Q R S T
U V W X
Y Z
A
a/k/a - Also known as. Reference on court documents to indicate a person's
known alias or aliases. For example: John Q. Doe, a/k/a John Q. Smith.
accomplice - A person who knowingly and voluntarily aids, abets, advises
or encourages the principal offender in a criminal act.
acquittal - A verdict after a criminal trial that a defendant has not
been proven guilty beyond a reasonable doubt.
action - A case, cause, suit or controversy disputed or contested before
a court of justice.
actus reus - Proof that a criminal act has occurred.
admissible - Evidence which can be legally and properly introduced.
affidavit - A written statement of fact given voluntarily and under
oath.
affirmed - In the practice of appellate courts, the word means that
the decree or order at issue is declared valid and will stand as rendered
in the lower court.
affirmative defense - Without denying the charge, a defendant raises
extenuating or mitigating circumstances such as self-defense, insanity,
or entrapment to avoid criminal responsibility. In civil cases, a defendant
raises a legal fact, such as a statute of limitations or acclaim that
the debt was paid, which would avoid a judgment against him or her based
on the facts in the complaint.
Alford plea - A plea whereby a defendant does not specifically admit
guilt, but concedes that the prosecution's evidence would be sufficient
to win a conviction if the case were to go to trial.
allegation - A claim or statement of what a party intends to prove;
the facts as one party claims they are.
allege - To claim or declare that something is so
allocution - When a judge grants the right of allocution, the defendant
is asked if he or she has any statement to make to the court prior to
sentencing. The defendant or his or her attorney may respond, but no response
is required.
amendment - The correction of an error in any process, pleading, or
proceeding at law.
answer - In a civil case, the formal written statement by a defendant
responding to a complaint and setting forth the grounds for his or her
defense.
appeal - A request by the losing party in a lawsuit that the judgment
be reviewed by a higher court.
appearance - The formal act by which a defendant submits to the jurisdiction
of a court.
appellant - The party who initiates an appeal.
appellate court - A court having jurisdiction to hear appeals and review
a trial court's procedure.
appellee - The party against whom an appeal is taken.
arraignment - The proceeding in which an accused person is brought before
a judge to hear the charges filed against him or her and to enter a plea
of guilty, not guilty, or no contest (nolo contendere).
arrest - To take into custody by legal authority.
ATF - Bureau of Alcohol, Tobacco and Firearms. Part of the U.S. Department
of the Treasury.
AUSA - Assistant United States Attorney. A federal trial attorney, appointed
by the Attorney General upon the recommendation of the U.S. Attorney in
his or her district.
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B
bail - Money or other security (such as a bail bond) given to secure
a person's release from custody, which is at risk should he or she subsequently
fail to appear before the court.
bail bond - The obligation, signed by the accused to secure his or her
presence at trial, which he or she may lose by not properly appearing
for trial or any other court proceeding. Often referred to simply as bond.
bailiff - A court attendant, sometimes called a courtroom deputy, who
keeps order in the courtroom and has custody of the jury.
bench warrant - An order issued by a judge for the arrest of a person.
best evidence - Primary evidence; the best evidence available (i.e.,
production of an original letter is the "best evidence" that
a letter exists).
bill of particulars - A detailed statement of the charges made against
a defendant.
bind over - To hold a person for trial on bond (bail) or in jail.
bond for costs - A bond given by a party to secure the eventual payment
of the costs of a suit.
brief - A written statement prepared by one side in an appellate case
to explain to the court its view of the facts of a case and the applicable
law. At district court level, the statement is known as a memorandum.
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C
capias - A writ requiring the marshal to take a defendant into custody.
caption - The heading on a legal document listing the parties, the court,
the case number and related information.
challenge - An objection to the seating of a prospective juror on the
jury panel for a trial.
challenge for cause - Objection to the seating of a particular juror
for a stated reason (usually bias or prejudice for or against one of the
parties in a lawsuit).
charge to the jury - The judge's instruction to the jury concerning
the law that applies to the facts of the case.
circumstantial evidence - Evidence that merely suggests something by
implication. The law does not distinguish between the weight to be given
to direct, or eyewitness, evidence and circumstantial evidence. Jurors
are instructed that they may give more weight to circumstantial evidence
than direct evidence if they find the circumstantial evidence to be more
credible.
cite - To command the presence of a person; to notify a person of legal
proceedings against him or her, and to require his appearance in the court,
especially to face contempt proceedings. Also, to read or refer to legal
authorities in an argument or submission to a court. For example, to cite
a case is to refer to a particular case in an attempt to persuade the
court to be guided by the decision reached in that case.
civil action - Every lawsuit other than a criminal action; an adversary
proceeding for the enforcement or protection of a legal right or the redress
or prevention of a wrong.
clerk of court - An officer appointed by a court of justice who has
charge of the clerical work; keeps the records and seal, issues process,
enters judgments and orders, and gives certified copies of documents from
the record.
complainant - The party who complains or sues; one who applies to the
court for legal redress, also called the plaintiff.
concurrent sentence - Sentences for more than one violation, to be served
at the same time rather than one after the other.
consecutive sentence - Successive sentences, one beginning at the expiration
of another, imposed against a person convicted of two or more violations.
contempt of court - Willful disobedience of a judge's command or of
a court order, or actions calculated to embarrass or hinder the court
in the administration of justice. Contempt may be cited in both civil
and criminal cases.
continuance - Postponement of a legal proceeding to a later date.
conviction - A judgment of guilt against a criminal defendant.
corroborating evidence - Supplementary evidence that tends to strengthen
or confirm initial evidence.
costs - An amount of money awarded to the successful party (and recoverable
from the losing party) solely as reimbursement for certain expenses incurred
in prosecuting or defending the suit. Does not include attorney fees.
counterclaim - A claim which a defendant makes against a plaintiff.
court of appeals - An intermediate federal court, inferior to the U.S.
Supreme Court but higher than the U.S. District Court. Its function is
to review the final decisions of the district courts, if challenged. There
is a court of appeals for each judicial circuit. Cases appealed from the
Western District of Missouri are heard by the U.S. Court of Appeals for
the Eighth Circuit.
cross-claim - A claim by one party against a co-party (a defendant claiming
against another defendant, or a plaintiff against another plaintiff) arising
out of the original complaint.
cross examination - The questioning of a witness produced by the other
side.
cumulative sentence - Sentences for two or more crimes to run successively
rather than concurrently.
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D
DEA - Drug Enforcement Administration. Part of the U.S. Department of
Justice, the DEA is the lead federal agency in enforcing narcotics and
controlled substances laws and regulations.
DOJ - Abbreviation for U.S. Department of Justice.
DUSA - Deputy United States Attorney. A federal trial attorney, appointed
by the Attorney General upon the recommendation of the U.S. Attorney in
his or her district. In many districts, a DUSA serves as supervisor of
a specific office division or, in the absence of the U.S. Attorney, as
supervisor of the office at large. A district may have more than one DUSA.
damages - A monetary compensation which may be recovered in the courts
by a person who has suffered a loss or injury through the unlawful act
or negligence of another.
de novo - Anew. A "trial de novo" is a new trial of a case.
defendant - In criminal cases, the person charged with a crime. In civil
cases, the person or entity from whom relief is sought by the plaintiff.
deposition - The testimony of a witness taken under oath in preparation
for a trial.
detention hearing - A proceeding held to determine whether or not a
person should be held in judicial custody prior to trial or, if detention
has been enforced, whether or not it should be terminated.
direct evidence - Proof of facts by witnesses who saw acts done or heard
words spoken, as distinguished from circumstantial, or indirect, evidence.
direct examination - The first questioning of witnesses by the party
on whose behalf they are called.
discovery - The pretrial process by which one party discovers the evidence
that will be relied upon at trial by the opposing party.
dismissal - The termination of a case.
district courts - Courts of the United States, each having territorial
jurisdiction over a judicial district which may include a whole state
or only part of it. The district courts are the trial courts of the federal
judiciary.
diversity of citizenship - A phrase used with reference to federal jurisdiction,
denoting a civil case in which the district courts have jurisdiction because
all the persons on one side of the case are citizens of states different
from all the persons on the other side. The matter in controversy must
also exceed a value of $50,000.
docket - A list of cases to be heard by a court.
document - Generally refers to writings, pictures, maps, etc. Denotes
official papers such as deeds, agreements, title
papers, receipts and other written instruments used to prove a fact.
double jeopardy - Putting a person on trial more than once for the same
crime; forbidden by the Fifth Amendment to the Constitution.
due process of law - The right of all persons to receive the guarantees
and safeguards of the law and the judicial process. Includes such constitutional
requirements as adequate notice, assistance of counsel, and the rights
to remain silent, to a speedy and public trial, to an impartial jury,
and to confront and secure witnesses.
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E
elements of a crime - Specific factors that define a crime, every element
of which the prosecution must prove beyond a reasonable doubt in order
to obtain a conviction.
entry of judgment - Recording the judgment. The action of the court clerk,
putting into the docket book a statement of the final judgment and entering
copies thereof in the record of the case and the judgment book.
equitable sharing - a manner of distributing proceeds seized and/or
forfeited in federal criminal investigations and prosecutions. Through
equitable sharing, law enforcement agencies which participate in a case
may receive a share of the assets seized in that case, such as drug money,
for use in financing their ongoing law enforcement efforts.
evidence - Any kind of matter, presented at trial through witnesses,
records, or documents for the purpose of persuading the court or jury
of the correctness of the contentions of the parties.
ex parte - On behalf of only one party, without notice to any other
party. An ex parte motion is filed by one party without notice to the
other party.
ex post facto - After the fact.
examination - An interrogation or search. The examination of a witness
consists of a series of questions asked by a party to the action or his
attorney, in order to bring before the court or jury the knowledge which
the witness has of the facts or matters in dispute, or probing and sifting
the evidence as previously given.
execution of judgment - A writ (order) to the marshal or sheriff requiring
him or her to carry out the judgment of the court.
exceptions - Declarations by either side reserving the right to appeal
a judge's ruling upon a motion.
exclusionary rule - Court-made rule preventing illegally obtained evidence
from being used in the case in chief against a criminal defendant; derived
from Fourth and Fifth Amendments to the Constitution.
exhibit - A document or other article introduced as evidence during
a trial or hearing.
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F
FBI - Federal Bureau of Investigation. The principal investigative arm
of the U.S. Department of Justice.
FNU - First name unknown. Reference on court documents indicating that
an individual's true first name is unknown to authorities.
federal question - Refers to the jurisdiction given to the federal courts
in cases involving the interpretation and application of Acts of Congress,
the U.S. Constitution, and treaties.
file - To put into files or records of the court; to file a paper is
to place it in the official custody of the clerk. The clerk is to endorse
upon the paper the date it is received and retain it in the record of
the case subject to public inspection.
forfeiture - Real or personal property to which the right is lost due
to the commission of a crime or by way of an assessed penalty. A forfeiture
may be either administrative or judicial.
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G
grand jury - A group of citizens, from 16 to 23, who are assembled in
secret to hear or investigate allegations of criminal behavior. A grand
jury may remain empaneled up to 18 months. It has authority to conduct
criminal investigations and to charge a crime by indictment.
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H
habeas corpus - A writ which commands that a person be brought before
a judge. Most commonly, a writ of habeas corpus is a legal document that
forces law enforcement authorities to produce a prisoner they are holding
so that the court can determine whether legal justification exists for
the detention. More specifically, there are writs "ad testificandum"
(to produce an incarcerated person in court to testify at a trial) and
"ad prosequendum" (to produce an incarcerated person in court
as a party to a lawsuit).
harmless error - An error committed during a trial that was either corrected
or not serious enough to affect the outcome of a trial and therefore was
not sufficiently harmful (prejudicial) to be reversed on appeal.
hearing - A relatively formal proceeding similar to a trial, with one
or more legal issues to be agreed upon or determined.
hearsay - Evidence that is not within the personal knowledge of the witness
but was relayed to the witness by a third party.
hostile witness - A witness whose testimony is not favorable to the
party who calls him or her as a witness.
hung jury - A jury that cannot reach a verdict.
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I
IRS - Internal Revenue Service. Part of the U.S. Department of the Treasury.
Certain tax-related criminal cases filed by the U.S. Attorney are often
the result of field work by the Criminal Investigations Division of the
IRS. The IRS also may be involved in certain civil cases filed by the
U.S. Attorney.
immunity - In criminal cases, a grant by the court against prosecution
in return for providing criminal evidence against another. In civil cases,
immunity is a complete legal defense against being found liable for the
relief sought by the plaintiff or against being sued at all.
impeachment of a witness - An attack on the credibility of a witness,
through evidence introduced for that purpose.
in camera - In chambers, or in private. Matters of the court that are
addressed in camera are not open to the public.
in forma pauperis - "In the manner of a pauper." The permission
given to a person to sue without payment of court fees.
in rem - An action in rem is one taken directly against property and
has for its object the disposition of property, without reference to who
owns the property.
inadmissible - That which under the rules of evidence cannot be admitted
or received as evidence.
indictment - An accusation by a grand jury charging a person with a
crime.
information - An accusatory document, filed by the prosecutor, detailing
the charges against the defendant.
injunction - A temporary or permanent order of the court prohibiting
the performance of some specific act in order to prevent irreparable harm
to the one seeking the injunction.
instructions - A judge's directions to the jury regarding the law in
the case and its authority to determine the facts and to draw inferences
from the facts in order to reach a verdict.
interrogatories - Written questions asked by one party and served on
an opposing party who must answer them in writing under oath as a discovery
device.
intervention - A proceeding by which a third party is permitted to enter
a lawsuit pending between other parties. He may join the plaintiff in
seeking what is asked in the complaint; or with the defendant in resisting
the claims of the plaintiff; or may demand some relief adverse to both
of them.
issue - (1) A disputed point or question to which the parties to a case
have narrowed their disagreement; a single material point which is affirmed
by one side and denied by the other. When the plaintiff and the defendant
have arrived at some point which one affirms and the other denies, the
point is said to be they are said to be "at issue." When the
defendant has filed an answer denying all or part of the allegations of
the complaint, the "issues have been joined" and the case is
ready to be set for trial. (2) To send out officially, or to issue an
order.
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J
judgment - The final disposition of a lawsuit.
judgment n.o.v. - Judgment notwithstanding the verdict; a judge's decision
contrary to the verdict of the jury.
jurisdiction - The power or legal authority of the court to hear and
decide a case. (1) Federal courts are courts of limited jurisdiction.
They cannot consider a case unless there is a specific grant of jurisdiction
over the case found in federal law. (2) The parties all have sufficient
contacts with the judicial district to permit the court to have jurisdiction
over them.
jury - Persons selected according to law and sworn to inquire into matters
of fact and declare the truth about matters laid before them during a
trial.
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L
LECC - Law Enforcement Coordinating Committee. An active, working team
of local, state and federal law enforcement agencies within a district.
Established nationwide in 1981 by the United States Attorney General's
Task Force on Violent Crime, the LECC concept was designed to enhance
cooperation and coordination of resources among law enforcement groups
at all levels of government--federal, state and local. The Western District
of Missouri has employed a full-time LECC coordinator since May 1988.
LNU - Last name unknown. Reference on court documents indicating that
a person's true last name is not known to authorities.
leading question - A question that suggests the answer desired of the
witness. A party generally may not ask one's own witness leading questions;
leading questions may be asked only of hostile witnesses and on cross-examination.
limine - A motion requesting that the court exclude certain evidence
that might prejudice the jury.
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M
MNU - Middle name unknown. Reference on court documents indicating that
an individual's true middle name is not known to authorities.
magistrate - A court-appointed judge who may conduct preliminary and
pre-trial proceedings in minor criminal offenses and some district court
proceedings, including civil trials with the consent of the parties.
mandamus - "We command." It is a command of a higher court
to a lower court or a public officer to perform a lawful duty.
mens rea - The "guilty mind" necessary to establish criminal
responsibility.
minutes - The official record of what takes place in court.
Miranda warning - Requirement that police tell a suspect in their custody
of his or her constitutional rights before they begin questioning.
mistrial - A trial terminated before a verdict is reached, because of
fundamental error prejudicial to the defendant (such as an improper drawing
of jurors). A mistrial also may be declared in the event of a hung jury,
resulting in the order for a new trial.
moot - A proceeding which seeks a judgment or ruling on a dispute which
does not actually exist. For example, when one party brings a motion to
compel the other to answer interrogatories and the other has already answered,
the motion is moot.
motion - An application for a rule or order, made to a court or judge.
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N
NMI - No middle initial. Reference found in court documents to a person
who has no middle initial. Example: John NMI Smith.
NMN - No middle name. Reference found in court documents to a person
who has no middle name. Example: Jane NMN Doe.
Nebia hearing - A judicial proceeding to determine if the bond is being
paid from the profits of a crime.
no bill - Grand jury finding that the evidence was insufficient to indict.
nolo contendere - A plea of no contest, but without an admission of
guilt.
notice - Information or a warning usually given in writing, informing
a person of some fact which it is his or her legal right to know.
notice of appeal - Notice to the court and to the other parties to the
suit that a party intends to exercise his or her right to appeal. Filing
the notice of appeal in the district court is the first step in making
the appeal.
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O
OCDETF - Organized Crime Drug Enforcement Task Force. Established in
1982, OCDETF is a multi-agency approach to combat organized crime and
drug traffickers. Through OCDETF, various state and local law enforcement
agencies may cooperate on investigations with any or all of nine federal
agencies: the Drug Enforcement Administration, Federal Bureau of Investigation,
Immigration and Naturalization Service, United States Attorneys, United
States Marshals Service, United States Coast Guard, Internal Revenue Service,
United States Customs Service, and the Bureau of Alcohol, Tobacco and
Firearms.
objection - The process by which one party takes exception to some statement
or procedure.
opinion - A formal judicial statement of the legal reasoning upon which
the judgment is based.
order - A written or oral command from a court directing or forbidding
an action or deciding a legal issue.
overrule - Judge's decision not to allow an objection; also, decision
by higher court finding that a lower court decision was in error.
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P
parol evidence - Oral or verbal evidence, of the type given by witnesses
in court.
party - A person, business, or government agency actively involved in
the prosecution or defense of a legal proceeding.
peremptory challenge - A challenge which may be used to reject a certain
number of prospective jurors without giving a reason.
perjury - The criminal offense of making a false statement under oath.
petit jury - Persons impaneled and sworn in a district court, who determine
any question or issue of fact in any civil or criminal action according
to law and the evidence introduced at the trial.
plaintiff - The one who brings the suit, asking for the enforcement
of a right or the recovery or relief from a wrong. The government of the
United States of America, represented by the U.S. Attorney, is the plaintiff
in every federal criminal case.
plea - The defendant's declaration in open court that he or she is guilty
or not guilty, or wishes to plead no contest; the defendant's answer to
the charges made in the indictment or information.
plea bargaining - The process through which an accused person and a
prosecutor negotiate a mutually satisfactory disposition of a case. Usually
it is a legal transaction in which a defendant pleads guilty in exchange
for some form of leniency. It often involves a guilty plea to lesser charges
or a guilty plea to some of the charges if other charges are dropped.
In federal courts, the plea agreement is accepted and approved only after
the district judge determines that it satisfies the interests of justice.
pleading - The formal written statements presented by the parties in
a civil case, forming the basis for the lawsuit and defining the issues.
polling the jury - The act, after a verdict has been announced, of asking
jurors individually whether they agree with the verdict.
prayer - In a civil case, the relief requested in the complaint, cross-claim
or counterclaim.
preliminary hearing - The hearing at which a judge determines whether
there is sufficient evidence against a person charged with a crime to
warrant holding him or her for trial.
presentment - Declaration or document issued by a grand jury that either
makes a neutral report or notes misdeeds by officials charged with specified
public duties; ordinarily does not include a formal charge of crime (differs
from an indictment).
pretrial conference - An informal conference between the attorneys for
both sides to clarify the issues and to attempt to work out a settlement,
with a judge or magistrate as moderator.
prima facie case - A case that is sufficient in that the minimum amount
of evidence necessary has been presented to allow the case to continue
in the judicial process.
probable cause - Sufficient legal reason to allow a search and seizure
or the arrest of a person.
probation - An alternative to imprisonment allowing a person found guilty
of an offense to stay in the community, usually under conditions and the
supervision of a probation officer.
procedure - The rules for the conduct of a lawsuit.
proceeding - The judicial business before the court or judicial officer;
any step or act taken in a lawsuit from the beginning to the executing
of the judgment.
process - The summons or any other writ which may be used during the
progress of the case.
prosecutor - A lawyer for the government in a criminal case.
public defender - A court-appointed government lawyer who provides legal
defense services at no cost to a poor person accused of a crime.
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Q
quash - To vacate or void a summons, indictment or subpoena.
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R
RICO - Racketeer Influenced and Corrupt Organizations Act. RICO provides
for criminal and civil penalties for persons who engage in a pattern of
racketeering activity or collection of an unlawful debt that has a special
relationship to an enterprise affecting interstate commerce.
reasonable doubt - Such uncertainty as might exist in the judgment and
conscience of a prudent person applying reason to the evidence introduced.
rebuttal - Evidence disproving other evidence previously given or reestablishing
the credibility of challenged evidence.
record - A written memorial of all the acts and proceedings in an action
or suit.
redirect examination - Questioning of witness by party that originally
called that witness after opponent's cross-examination.
remand - To send back. The act of the appellate court in sending a case
back to the district court for further action.
respondent - The party against whom an appeal is taken.
return - Report to a judge by police on the implementation of an arrest
or search warrant; also, report to a judge in reply to a subpoena, civil
or criminal.
reverse - Action of a higher court in setting aside or revoking a lower
court decision.
reversible error - An error sufficiently prejudicial (harmful) to justify
an appellate court in reversing the judgment of a lower court.
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S
SA - Special Agent. Professional title of most federal investigative
officers.
SAC - Special Agent in Charge. The managing agent for a field office
of the FBI, ATF or the Criminal Investigations Division of the IRS.
SAUSA - Special Assistant United States Attorney. A federal trial attorney,
appointed by the Attorney General upon recommendation of the U.S. Attorney
of his or her district. Usually hired for the purpose of assisting in
the preparation and presentation of a special case, or special types of
cases.
search warrant - A written order issued by a judge that permits a law
enforcement officer to search a specific area for specific evidence.
self-incrimination, privilege against - The constitutional right of
people to refuse to testify against themselves or make statements that
could subject them to criminal prosecution.
sentence - A court's determination of the punishment to be inflicted
on a person convicted of a crime.
sentencing guidelines - A complex series of criteria, regulations and
limits used by the court to determine a range of appropriate punishment
for a defendant. Mandated by the Sentencing Reform Act of 1984, the guidelines
were developed by the U.S. Sentencing Commission, an independent agency
of the judicial branch. After a review by Congress, the guidelines became
effective on Nov. 1, 1987, and apply to all federal offenses committed
on or after that date. Defendants sentenced under the guidelines are not
eligible for parole. A judge may sentence a defendant above or below the
recommended guideline range, but only under special circumstances.
sentencing report - Document containing background of a convicted person,
prepared to guide the judge in the imposition of a sentence. Sometimes
called a presentence report, presentence investigation report, or PSI.
service - The delivery of a writ, notice, or injunction, by an authorized
person to officially notify another party of a proceeding in which he
is concerned.
service of process - The service of writs, summonses or rules to the
party to whom they ought to be delivered.
sequestration of witnesses - Keeping all witnesses (except the plaintiff
and defendant) out of the courtroom except for their time on the stand,
and admonishing them not to discuss their testimony with other witnesses.
Designed to prevent a witness from being influenced by testimony of a
prior witness.
smurfing - The practice of dividing financial transactions into amounts
less than $10,000 to avoid triggering the reporting requirement of the
Currency and Transactions Requirements Act. Persons employed by the offender
to carry out the transactions may be referred to as "smurfs."
special grand jury - Differs from a regular grand jury in that it is
normally empaneled for special investigative purposes, such as the investigation
of organized crime. Unlike a regular grand jury, which may remain empaneled
up to 18 months, a special grand jury may be extended for up to 36 months.
state's evidence - Testimony given by a participant in a crime, tending
to convict others.
statute - Written law enacted by a legislature.
Strike Force - The Organized Crime Strike Force Unit is a specialized
prosecution unit within the United States Attorney's Office. In the early
1970s, strike forces were strategically placed by the U.S. Department
of Justice in all major cities to coordinate multi-agency, multi-jurisdictional
initiatives to combat and eliminate organized crime groups. In January
1990, the Kansas City Strike Force was merged into the United States Attorney's
Office for the Western District of Missouri, with a similar mission but
limited to this judicial district and the District of Kansas. The Strike
Force Unit coordinates closely with local and federal investigative agencies
to identify and defeat the criminal efforts of the traditional organized
crime groups, including gambling, extortion, fraud and narcotics.
subpoena - A court order compelling a witness to appear and testify.
subpoena duces tecum - A court order commanding a witness to bring certain
documents or records to court.
summons - A writ directing the marshal to notify the person named that
an action has been commenced against him in the court, and that he is
required to appear and answer the complaint.
suppress - Forbidding the use of evidence at a trial because it is improper
or was improperly obtained.
sustain - Court order allowing an objection or motion to prevail.
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T
temporary restraining order - Also referred to as a TRO. An action by
a court to prohibit a person from an action which is likely to cause irreparable
harm to the one seeking the order. This differs from an injunction in
that it may be granted immediately, without notice to the opposing party
and without a hearing. It is intended to last only until a hearing can
be held, 10 days or less.
testimony - Evidence given by a witness under oath. This does not include
evidence from documents and other physical exhibits.
transcript - The official record of all testimony and events during
a trial or hearing.
trial de novo - A new trial.
true bill - An indictment by a grand jury.
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U
USA - United States Attorney. The chief federal trial attorney in a
given judicial district. U.S. Attorneys are appointed by the President
to four-year terms, with the advice and consent of the United States Senate.
USCS - United States Customs Service. Part of the U.S. Department of
the Treasury.
USMS - United States Marshals Service. Part of the U.S. Department of
Justice. The nation's oldest federal law enforcement agency.
USPIS - United States Postal Inspection Service. The law enforcement
arm of the U.S. Postal Service.
USSS - United States Secret Service. Part of the U.S. Department of the
Treasury.
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V
vacate - To set aside.
verdict - Conclusion, as to fact or law, that forms the basis for the
court's judgment.
venire - A writ summoning persons to court to act as jurors; used to
refer to the people summoned for jury duty.
venue - The county, city, or district in which a court with jurisdiction
over the parties and the subject matter may hear the case.
voir dire - Literally, "to speak the truth." Process of questioning
potential jurors so that each side may decide whether to accept or oppose
individuals for jury service.
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W
WDMO - Abbreviation for Western District of Missouri. May also appear
as WDMo.
waiver - Intentionally giving up a right.
waiver of immunity - A means authorized by statute by which a witness,
before testifying or producing evidence, may relinquish the right against
self-incrimination, thereby making it possible for that testimony to be
used against him or her in future proceedings.
warrant - A court order authorizing law enforcement officers to make
an arrest or conduct a search.
willful - Done intentionally, without justifiable cause, as distinguished
from carelessly or inadvertently.
witness - One who testifies as to what he or she has seen, heard or
otherwise experienced.
writ - A judicial order directing a person to perform a specific act.
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