Courts often seem to have their own language.To help you understand what is happening, here are definitions for terms commonly used in the court system.

• Accelerated Rehabilitative Disposition (ARD): Voluntary program for first-time non-violent offenders which entails probation supervision without conviction and dropping of charges upon successful completion of the program.
• Administrative Agencies: Governmental entities with a limited lawmaking authority to control and oversee the implementation of specific legislation.Examples of administrative agencies include Environmental Protection Agency and Drug Enforcement Administration, among others.
• Administrative judge:  A governmental official who presides over proceedings that involve administrative agencies.
• Affirmative defense:  Explanations presented by a defendant with an intention to defeat a claim.
• Alternative dispute resolution: A way of resolving disputes outside of the judicial process.See also Arbitration; Mediation.
• Answer: Defendant’s initial written statement in which he/she usually denies plaintiff’s allegations, presents affirmative defenses and comes forward with counterclaims.
• Appeal: An action to have a decision reevaluated by a higher authority; for example, a decision of a lower court by a higher court.
• Appellate Court: A court that has jurisdiction to review decisions of a lower court.
• Arbitration : One of the means of alternative dispute resolution.In arbitration, a neutral third party, an arbitrator, designated by parties to a controversy, presides over a hearing at which evidence and testimony of the opposing parties is heard.Arbitration takes place out of court; it can be voluntary or mandatory.The arbitrator’s decision is usually final.
• Arbitrator: An impartial third party, typically an attorney, conducting arbitration.
• Arbitration Panel: A group of court-appointed facilitators (typically, made up of three lawyers) of a dispute resolution.
• Arraignment, formal: A proceeding held approximately 60 days after the arrest in which a defendant appears in front of a judge who informs the defendant of formal charges against him/her; defendant enters a plea of guilty or not guilty at this stage.
• Arraignment, preliminary: A proceeding typically held within 24 hours from thearrest, in which a defendant is informed of charges against him/her as well as advised of his/her rights.
• Attorney: A legal agent representing clients.Also called “lawyer.”
• Bail - : A way to secure a person’s release from custody and promise his/her appearance at a future court hearing.Bail can be made to the court by cash, or, with certain conditions applied, by realty or a surety bond of a professional licensed bondsman or a surety company.Bail may be forfeited if the individual fails to appear before the court.‘Bail’ and ‘Bail bond’ are often used interchangeably.
• Bail bond: A bond from a criminal defendant’s bail bondsman or surety company that is given to a court as a guarantee of the defendant’s appearance at a future court hearing.
• Clerk of Courts: An elected or appointed official who oversees the court’s administrative activities.
• Closing arguments: The final arguments made by the parties or their attorneys in a trial before a judgment or a verdict is made on the case. In a closing argument, one may voice legal opinions, make comments on evidence presented by the opposing party and request a favorable judgment or verdict.
• Complaint : The start of a civil lawsuit, the initial document filed with the court that states the reason for the plaintiff’s allegations and asks for legal remedy for the defendant’s wrongful conduct.
• Complainant: An individual submitting a written accusation to the police that states that a suspect committed a crime against the individual.
• Conciliator: A neutral third party negotiator acting as a link between parties and helping them resolve their disputes.
• Contempt of court: Failure to obey a court order (for example, failure to appear for a hearing or a deposition upon receipt of a subpoena).Another type of contempt of court involves being disrespectful to the judge or causing a courtroom disturbance.Contempt of court may be punished by fines and/or jail time.
• Continuance: Postponement of a legal proceeding to a future date.
• Counterclaim: Defendant’s claim against the plaintiff.
• Court decision: A court ruling on a case.A judicial or agency determination after consideration of the facts and the law; especially, a ruling, order, or judgment pronounced by a court when considering or disposing of a case.
• Court interpreter: An individual who interprets (orally) from one language to another in court. The court interpreter is sworn in at a hearing or a trial to faithfully interpret whatever is said by the individual for whom interpretation is needed as well as whatever is said to that individual by the others.
• Sign language interpreters: Provide interpretation of communication between people who are deaf/hard of hearing and those who can hear.
• Cross-examination: Questioning of a witness by the opposing party in a trial.
• Damages: Money that a person who experienced a loss or injury is claiming in compensation for his or her loss or injury.
• Deadline extension: Extra time allowed to take an action.
• Default judgment : Losing due to a failure to respond or show up to court.
• Defendant: A party that is being sued.
• Defense attorney (also called defense counsel): A lawyer representing a defendant.
• Deposition: Testimony of a witness or a party in a legal proceeding obtained before trial.
• Discovery: A pretrial process by which one party reveals, at the opposing party's request, relevant facts and documents pertaining to the litigation. Discovery takes three basic forms: written discovery (“interrogatories”), document production and depositions. See also Deposition; Interrogatories.
• Expungement: A permanent removal of criminal history information from the individual’s file after the individual has completed the conditions of any pre-trial or post-trial probation program.
• Felony: A serious crime punishable by a prison term of greater than a year or death.Felonies are sometimes referred to as “high crimes.” Compare with Misdemeanor.
• Grand Jury: A group of citizens (typically, 23 people) that is assembled in a court in order to decide whether a suspect should be prosecuted for committing a felony, based on the existing evidence. See also Indictment.
• Hearing: Court meeting at which issues of fact or law are heard or decided.
• Hearing, preliminary : A court meeting at which a judge determines whether or not there is enough evidence against the defendant to justify holding him/her for trial.
• Higher court: A court to which appeals are made.
• Indictment : A formal charge with a felony brought by the grand jury based on the evidence presented by prosecutor. It is sufficient for the grand jury to find a probability that a crime was committed by the accused.
• In forma pauperis - (Latin –“in the manner of a pauper”): An individual who is unable to pay filing fees and court costs and who gets permission to have the fees waived.
• Interrogatories : Written questions for the opposing party to be answered in writing and under oath.See also Discovery.
• Judge: A public official who reviews and decides legal issues in court.
• Judgment : Final determination of rights and duties of the parties in a court case.
• Judgment as a matter of law : A motion made during trial by a person involved in a legal matter.It claims that the opposing party’s case cannot be reasonably supported due to insufficient evidence.
• Judicial discipline: Punishment imposed on a judge after s/he is found to have engaged in improper conduct.
• Judicial districts: Areas into which a municipality, county, state, etc., are divided for judicial purposes.
• Jurisdiction: The power of a particular court to make a decision on a case.
• Jury : A group of individuals selected in accordance with the law who have the power to review questions of fact and make a verdict in the case they review.See also Grand Jury.
• Legal claim: Asserting one’s right to a legal remedy (for example, for money or property).
• Litigant: An individual who is involved in a lawsuit.
• Litigation: Carrying on a lawsuit.
• Master : A court-appointed official with some powers of a judge.
• Mediation : Neutral third-party intervention into and facilitation of a resolution of a dispute or a conflict.
• Mediator: A neutral third party facilitator of a dispute resolution.See also Conciliator.
• Misdemeanor: A lesser criminal offense (for example, petty theft, drunkenness in public) usually punishable by fine or limited term in a local prison. Distinguished from Felonies.
• Miranda Rule: A requirement that a suspect in a criminal case be advised of his or her rights before being asked any questions (such as the right to remain silent; to have an attorney present during the suspect’s interrogation; to have an attorney free of charge if the suspect cannot afford one).
• Motion: A request formally made to a judge for a ruling in the applicant’s favor. See also Motion to dismiss; Motion for summary judgment.
• Motion for summary judgment: A motion made before trial asking the court to decide the case without a full trial.
• Motion to dismiss: A motion requesting the court to hold that the law does not offer a legal remedy to a claim.
• Moving party (movant): A person involved in a legal matter who makes a motion (for example, a motion for summary judgment).
• Offense: A crime or a misdemeanor.
• Opening statements : At trial, presentation of facts of the case by plaintiff and defendant or their attorneys.
• Opposing counsel: Attorney representing the opposing party.
• Partial summary judgment –discarding of some, but not all of the claims by court.
• Party –a person involved in a legal matter.
• Plaintiff : The party initiating a lawsuit.
• Plea bargain: An agreement under which a criminal defendant pleads guilty to a lesser charge in exchange for a more lenient sentence or dismissal of other charges.
• Pleading: A document in which a party to a court case comes forward with or responds to allegations, denials, claims, or defenses.
• Privilege : A legal right to keep certain types of information confidential and not to testify.(For example, attorney-client privilege, doctor-patient privilege, privilege against self-incrimination, etc..)
• Probable cause: Facts and circumstances within a law enforcement officer’s knowledge sufficient to lead a reasonable law enforcement officer to conclude that the person to be arrested has committed or is about to commit a crime.
• Probation : An alternative to serving jail time; entails meeting certain conditions for defendant’s release.
• Pro bono: (Latin; literally “for the public good”) –voluntary work for the public service, such as when a lawyer does free legal work for needy clients.
• Pro se:  A litigant who does not have a lawyer and represents himself or herself.See also Self-represented litigant.
• Prosecutor:  A legal official who represents the state or federal government in a criminal case.
• Public defender: Government-appointed lawyer who represents needy criminal defendants.
• Prothonotary: In some courts, a head clerk.
• Relief: A benefit (for example, a fulfillment of a certain obligation) that a party asks for in court.
• Remedy: A way of enforcing a right or preventing a violation of a right; providing legal relief.
• Self-incrimination : Making statements or providing evidence suggesting that one is guilty of a crime. In accordance with the Fifth Amendment to the U.S. Constitution (applied to the states through the Fourteenth Amendment), a person cannot "be compelled in any criminal case to be a witness against himself." See also “taking the Fifth.”
• Self-represented litigant: An individual who is party to a lawsuit and who represents oneself in a court proceeding without the assistance of a lawyer. Also referred to as “pro se” litigant.
• Settlement:  An agreement reached between parties that serves as an ending to a court case.
• Subpoena:  A court order summoning a witness to appear at a given time and a specified place to testify; can also obligate them to bring any relevant documents, as requested. A subpoenaed individual who fails to appear without cause may be charged with contempt of court and as such may be subject to civil or criminal penalties.
• "Taking the Fifth": Refusing to testify in court because testimony may be self-incriminating.
• Trial: A court proceeding at which a judge or jury examine the facts of the case and apply the law pertaining to the case.

Disclaimer: PMC does not provide legal advice or represent clients in court or other legal proceedings. This guide is created solely to help individuals navigate the courts. It does not serve as a substitute for legal advice and should not be interpreted as such.
 

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