ABSTRACT OF RECORD:
A complete history of the case in abbreviated form, found in the court
file.
ADMINISTRATIVE LAW: Law created by government agencies as rules,
regulations, orders and decisions, usually to implement legislation.
ALLEGATION: The assertion, declaration, or statement of a party
to an action, made in a pleading, setting out what the party expects to
prove.
AMICUS CURIAE: A friend of the court; one who volunteers information--usually
in a written brief--upon some matter of law; filed by a person or a group
with an interest in the legal issue under consideration.
ANCILLARY PROCEEDING: A proceeding or lawsuit growing out of a related
suit, such as a proceeding to enforce a court judgment.
ANSWER: A pleading filed by a defendant or respondent in response
to the plaintiff's allegation of facts.
APPEARANCE: The formal proceeding in which a defendant submits to
the jurisdiction of the court.
APPELLANT: The party appealing a decision or judgment to a higher
court. In an appeal, the appellant usually is listed first in the case.
(in an appeal, Doakes v. Jacobs, Doakes is the appellant).
ARRAIGNMENT: When a prisoner is formally brought to the court to
answer to a criminal charge.
ARREST WARRANT: Issued by a judicial officer, it allows a law enforcement
officer to arrest the person named and bring the person before the court
to answer to a specific charge.
ATTACHMENT: A proceeding in which a plaintiff acquires a court order
prohibiting the defendant from selling or transferring money or property
that might be needed to pay a judgment.
BAIL BOND: An obligation signed by the accused to guarantee payment
of a specified amount of money if he or she fails to appear in court. The
bond may be in cash or in an instrument assuring payment of cash (like
a mortgage on a home).
BENCH WARRANT: An order issued by the court for the appearance of
a person before the court. The individual may be a defendant or a witness.
BINDING INSTRUCTION: One in which the jury is told that if they
find certain conditions to be true they must find for the plaintiff, or
defendant, as the case might be.
BIND OVER: To hold a person for trial.
BLACK'S LAW DICTIONARY: The law dictionary used by most judges and
lawyers.
BURDEN OF PROOF: The duty of one party to prove a fact in dispute.
BRIEF: A written or printed document prepared by counsel to file
in court, usually containing both facts and law in support of a position.
CERTIORARI: A discretionary writ issued by an appellate court ordering
officers of a lower court to forward records of a proceeding so that the
case can be reviewed by the higher court.
CHANGE OF VENUE: The transfer of a suit begun in one court or district
to another for trial.
CIRCUIT COURT, EIGHTH: The court to which federal cases in Iowa
are appealed. The court has offices in St. Louis and Minneapolis.
CIRCUMSTANTIAL EVIDENCE: Evidence of an indirect nature, often the
only evidence available in a case in which there are no eye witnesses.
CIVIL AND CRIMINAL LAW: Civil law does not have prison terms as
penalties; criminal law usually does; civil suits usually result in money
damages, an injunction or a restraining order. In criminal law, the plaintiff
is the state; civil suits may include only private parties, or a private
party and a government agency. In criminal cases, the state must prove
its case with evidence "beyond a reasonable doubt." In most civil
cases, only a "preponderance of the evidence" is needed.
CODE OF PROFESSIONAL RESPONSIBILITY: The rules established by the
Iowa Supreme Court that regulate the conduct and ethics of Iowa attorneys.
CODICIL: An amendment to a will.
COMMON LAW: Law that traces its authority from the usages and customs
of English law and is based on precedent from court judgments and decrees.
COMPARATIVE FAULT: A way of assigning fault in civil cases. The
acts of the opposing parties are compared and fault is assigned by percentages.
COMPLAINANT: In Iowa, synonymous with plaintiff. (The complainant
is listed first in the name of the case; in Jacobs v. Doakes, Jacobs is
the complainant or plaintiff).
COMPLAINT: The pleading that begins a civil law suit.
CONDEMNATION: The legal process in which private real estate is
taken for public use without an owner's consent but with payment of just
compensation.
CONSERVATOR: One who is approved or appointed by the court to manage
the affairs of a minor or incompetent.
CONTEMPT OF COURT: A finding by a judge that a person violated a
court order or hindered a court in the administration of justice. Contempt
may be imposed as a punishment or in an effort to remedy the actions of
the person.
CORROBORATING EVIDENCE: Supplementary evidence that confirms facts
already presented.
COSTS: The expenses of prosecuting or defending a lawsuit. Costs
do not include attorney fees.
COUNTERCLAIM: A claim presented by a defendant seeking damages or
other remedies from the plaintiff.
CROSS-EXAMINATION: The questioning of a witness in a trial or in
a deposition by the adverse party.
DAMAGES: Monetary compensation for loss, detriment or injury to
a person, property or rights because of the unlawful act or negligence
of another.
DE NOVO: Anew, afresh. A "trial de novo" is a retrial
of a case.
DECLARATORY JUDGMENT: One that declares the rights of the parties
or expresses the opinion of the court on a question of law.
DECREE: A decision or order of the court. A final decree is one
that fully and finally disposes of the litigation; an interlocutory decree
is a provisional or preliminary decree that is not final.
DEFAULT: A "default" occurs when a litigant fails to perform
a mandatory act in the time allowed.
DEFERRED JUDGMENT: A judgment entered by the court in a criminal
case in which the penalty is delayed for a period of time, usually with
the intent of setting it aside if the defendant fulfills certain court
requirements.
DEPOSITION: The testimony of a witness or a party taken under oath
and before a court reporter; generally during the discovery phase of a
case.
DIRECT EVIDENCE: Testimony of facts by eye witnesses; distinguished
from circumstantial, or indirect evidence.
DIRECTED VERDICT: An instruction by the judge to the jury to return
a specific verdict.
DISCOVERY:
A pre-trial process in which parties to a lawsuit may gather facts and evidence
from other parties or witnesses. Depositions and interrogatories are part
of the discovery process.
DISMISSAL: A court order dismissing a case without the entry of a
decree. The issues of the case can be relitigated. In a case dismissed "with
prejudice," the issues cannot be relitigated. Cases that are settled
between the parties usually are dismissed with prejudice.
DOMICILE: A person's permanent home. A person may have several residences
but only one domicile.
DOUBLE JEOPARDY: A constitutional prohibition against more than one
criminal prosecution or punishment for the same crime. A criminal prosecution,
however, does not prohibit a civil action by persons injured.
DUE PROCESS: The constitutional assurance of a fair and impartial
hearing for all those coming before the court. Procedural due process insures
that a person receives adequate notice and an opportunity to be heard on
a matter that may affect his or her rights.
EMINENT DOMAIN: Government's power to take private property for public
use by condemnation.
EN BANC: When all judges of an appellate court hear an appeal, the
court is said to be sitting en banc.
ENTRAPMENT: An act by government officers or agents to induce a person
to commit a crime not previously contemplated by the person.
EQUITY OR EQUITABLE REMEDIES: A court order or judgment providing
non-monetary relief, such as an injunction, a restraining order or a writ
of mandamus. Traditionally, plaintiffs sought money damages in a court of
law and equitable remedies in a separate court of equity, but Iowa law no
longer distinguishes between these two civil courts.
ESCHEAT: The right of the state to property upon which no one can
make a valid claim.
ESCROW: The holding of an instrument such as a deed or money by one
person until a certain time or until a certain action occurs. At that time,
the escrowed item is released according to the terms of the escrow agreement.
ESTOPPEL: A person's own act, acceptance of facts or inaction that
precludes later claims or action to the contrary.
EX PARTE: A court order granted on behalf of one party without a
formal hearing or an opportunity for the opposing party to contest the order--for
example, an order allowing additional time to file a brief.
EX POST FACTO: After the fact.
EXHIBIT: A paper, document or other article produced and exhibited
to a court during trial or hearing. In Iowa, exhibits are public records
and may be copied for public or private use.
EXPERT WITNESS: A person qualified to speak authoritatively by reason
of special education, training or experience with the subject.
EXTRADITION: The surrender by one state (Missouri) to another (Iowa)
of an individual accused or convicted of an offense outside one (Missouri)
and within the territorial jurisdiction of the other (Iowa) .
FALSE ARREST: Any unlawful restraint of a person's liberty, whether
in prison or elsewhere.
FELONY: A crime more serious than a misdemeanor. Generally, an offense
punishable by imprisonment in a penitentiary.
FIDUCIARY: One who stands in a position of trust and confidence to
another.
FORCIBLE ENTRY AND DETAINER: A court proceeding for restoring possession
of land to one who has been wrongfully deprived of possession--for example,
an order allowing a landlord to evict a tenant.
GARNISHMENT: A proceeding in which property or money of a debtor
can be obtained by a creditor--typically, getting part of a person's wages
from an employer.
GUARDIAN: One who is approved or appointed by the court to look after
the physical well-being of a minor or incompetent.
GUARDIAN AD LITEM: One who is appointed by the court to look after
the interests of a minor or incompetent involved in litigation.
HABEAS CORPUS: "You have the body." The name given a variety
of writs whose purpose is to bring a person before a court. It is usually
directed to an official, such as a sheriff, commanding him to bring a prisoner
before the court.
HARMLESS ERROR: An error committed by a trial court that does not
prejudice the rights of either party. An appellate court will not reverse
a judgment where the error was harmless.
HEARING: A judicial or quasi-judicial proceeding to determine definite
issues of fact or law. Generally less formal than a trial.
HEARSAY: Evidence not based on the personal knowledge of the witness
but rather from what others have said.
HOLOGRAPHIC WILL: A will written, dated and signed by a person in
his or her own handwriting.
IMPUTED NEGLIGENCE: Negligence that is indirectly attributable to
a person, such as the negligence of an employee is often attributable to
an employer.
INADMISSIBLE: Evidence that cannot be submitted at trial.
IN CAMERA: In the judge's chambers.
INCOMPETENT EVIDENCE: Another term for inadmissible evidence.
INDICTMENT: A written accusation by a grand jury, charging a person
with f a crime.
INFORMATION: A criminal accusation against a person; filed by a public
official instead of by a grand jury.
INJUNCTION: A court-ordered equitable remedy either prohibiting or
requiring a certain act or thing.
INSTRUCTION: A direction given by the judge to the jury concerning
the law of the case.
INTER ALIA: Among other things or matters.
INTERLOCUTORY: An adjective that means a court order or decree is
provisional or temporary, not final, or an appeal taken before there is
a final order by the trial court.
INTERROGATORIES: Part of the discovery process; written questions
given by one party and to another who must then provide written answers
under oath.
INTERVENTION: A process in which a third party is permitted by the
court to join into a lawsuit or legal action; constitutes greater involvement
than amicus curiae.
INTESTATE: One who dies without a will. The state then decides how
the estate is distributed.
IRRELEVANT: Evidence that does not relate to, support or apply to
the matter at issue.
JUDGMENT: See "Verdict".
JUDICIAL NOTICE: Acceptance or recognition of certain facts of common
knowledge that judges and jurors may properly take and act upon without
formal proof.
JURISDICTION: The ability of the court to exercise its power over
either a person or the issues of a lawsuit.
JURY: Grand--A jury of inquiry that receives complaints and accusations
in criminal cases, hears the evidence and issues indictments in the cases
in which the jury is satisfied that a trial should be held. Only evidence
from the prosecution's side is presented.
Pettit--The ordinary jury of 12 or fewer persons for the trial of a civil
or criminal case.
LETTERS ROGATORY: A request by one court of another in a separate
jurisdiction that a witness be examined upon interrogatories that accompany
the request.
LEVY: The obtaining of money by legal process through seizure and
sale of property.
MALFEASANCE: The commission of an act prohibited by law. Misfeasance
is improper performance of a legal act.
MALICIOUS PROSECUTION: An action without probable cause that is instituted
to injure the defendant.
MANDAMUS: A writ from a court that directs a public official or a
lower court to perform a particular act.
MATERIAL EVIDENCE: Evidence that addresses the substantial issues
in a dispute.
MISDEMEANOR: Criminal offenses less than felonies; generally those
punished by a fine or imprisonment other than in penitentiaries. In Iowa,
misdemeanors may be simple, serious or aggravated--in terms of increasing
severity of penalties: 30 days in jail or a fine of $100 for a simple misdemeanor,
a year and/or a fine of $1,000 for a serious misdemeanor and two years and/or
a fine of $5,000 for an aggravated misdemeanor.
MISTRIAL: A trial that cannot stand because of errors in jurisdiction
or proceedings or the failure of a jury to reach a verdict.
MITIGATION OF DAMAGES: A plaintiff's duty to try to lessen the damage
or harm done by a defendant's wrongful action. For example, if a defendant
vacates an apartment with 10 months remaining on the lease, the landlord
has a duty to try to rent the apartment during that period and cannot keep
it empty, expecting the defendant to pay the full cost.
MOOT: A point or issue that is not or cannot be decided judicially,
perhaps because circumstances in the case have changed and a substantive
legal issue no longer exists.
NEGLIGENCE: Doing something that a reasonable person, guided by ordinary
considerations, would not do; or not doing something that a reasonable person
would do.
NEXT FRIEND: One acting for the benefit of an infant or other person
without being formally appointed as guardian.
NOLO CONTENDERE: Literally, "I will not contest it." Rather
than pleading innocent or guilty, a person does not contest the charge and
accepts a sentence. There is, however, no admission of guilt. Iowa law does
not use this plea, although federal courts do.
NOMINAL PARTY: One who is named as a party or defendant in a lawsuit
only because the technical rules of pleading require it.
NON-OBSTANTE VEREDICTO (Judgment NOV) : Notwithstanding the verdict.
A judgment entered by order of court for one party, although there has been
a jury verdict to the contrary.
NORTHWESTERN REPORTER: The official series of books containing the
published opinions of the Iowa Supreme Court and the Iowa Court of Appeals.
Cases at the district level are "not reported" because they do
not appear in the Northwestern Reporter.
OBJECTION: Asking the court to rule that certain evidence or procedure
is improper.
OF COUNSEL: A phrase commonly applied to a lawyer employed to assist
in the preparation or management of a case or its presentation on appeal,
but who is not the principle attorney of record.
OPINION EVIDENCE: What an expert witness thinks, believes or infers
in regard to facts in dispute, as opposed to personal knowledge of the facts.
OUT OF COURT SETTLEMENT: A case that is compromised, settled or withdrawn
by private agreement of the parties involved after litigation has begun.
PAROLE: The release of a prisoner before the expiration of his sentence
but requiring that certain terms and conditions be satisfied, including
rules for the parolee's behavior.
PER CURIAM: An unsigned opinion issued by an entire appellate court
as opposed to one written by a specific justice on behalf of the court.
PEREMPTORY CHALLENGE: The challenge that the prosecution or defense
may use to reject a certain number of prospective jurors without saying
why.
PLAINTIFF: A person who begins a legal action.
PLEADING: The process in which the parties in a suit or action alternately
present written statements of their contentions. The petition, answer, counterclaim
and reply are the most common pleadings.
POWER OF ATTORNEY: Authorization of another to act as one's agent
or attorney. Authorization may be either specific or general.
PREJUDICIAL ERROR: The opposite of "harmless error." Synonymous
with "reversible error" in that it warrants the appellate court
to reverse the judgment before it.
PRELIMINARY HEARING: A hearing to determine if an accused should
be held over for trial in a criminal case.
PREPONDERANCE OF THE EVIDENCE: Generally the burden of proof in civil
cases.
PROBATE: The act or process of proving a will.
PROBATION: Allowing a person convicted of some offense to remain
free of jail or prison but under the supervision of a probation officer.
PUNITIVE DAMAGES: Money awarded to punish a defendant and deter others
from committing similar acts.
REASONABLE DOUBT: In a criminal case, the level of doubt that must
be overcome by the prosecution for jurors to reach a guilty verdict.
REBUTTAL: A lawyer's argument that challenges, or rebuts, the arguments
or statements of opposing counsel. Also, testimony that contradicts testimony
already presented.
RECORD: The complete history of a case, including all written documents
filed by the attorneys, all orders of judgments filed by the judge, all
exhibits received into evidence and all testimony of witnesses, arguments
of counsel and comments of the judge recorded by the court reporter.
REFEREE: A person the court appoints in a case to take testimony,
hear the parties and report back to the court. The referee is an officer
exercising judicial powers and is an arm of the court for further action.
In Iowa, referees are commonly used in probating estates and in child welfare
matters.
REMAND: An action by an appellate court returning a case to a lower
court for further action.
REPLY: The pleading filed in response to the Answer filed by the
defendant. At trial, the argument presented by the plaintiff's lawyer that
responds to statements made by the defendant's lawyer.
RESTRAINING ORDER: A court order prohibiting a person from engaging
in a particular act usually for a specified time period. These often are
obtained "ex parte", or by one party. For example, a wife may
obtain a restraining order preventing her spouse from harassing or threatening
her.
RULE NISI OR RULE TO SHOW CAUSE: A court order demanding that one
party show cause why certain requested relief should not be granted.
RULES OF PROCEDURE: Formal published rules that in Iowa govern civil
and criminal cases, and the appeals of those cases. Federal courts have
separate published rules.
SCHEDULING CONFERENCE: A conference among the parties and the court
where a trial date is determined and discovery deadlines are set. Scheduling
conferences may be held before a court administrator, unless there is disagreement
between the parties on deadlines.
SEARCH AND SEIZURE, UNREASONABLE: Evidence that is obtained in an
unlawful search cannot be used in an any criminal proceeding. Usually, allegations
that evidence was obtained through an illegal (unreasonable) search and
seizure are heard by the court prior to trial.
SEARCH WARRANT: An order in writing by a justice or magistrate, in
the name of the state, directing an officer to search a specified house
or other premises. Usually required for a legal search and seizure.
SENTENCES: Concurrent-- Sentences served at the same time for more
than one crime. Consecutive--Sentences one after the other. Indeterminate--in
felony cases, a sentence of up to 25 years. The parole board is given authority
to decide the final length of sentence.
SEPARATE MAINTENANCE: Allowance granted to a spouse, usually the
wife, for support for the spouse and children while living apart from the
spouse but not divorced.
SEQUESTER: A court order requiring the jury in a case to be kept
apart from all persons but court officers during the conduct of and deliberations
upon a trial. A device to prevent interference with the conduct of the trial.
SPECIFIC PERFORMANCE: An equitable relief ordering the performance
of a certain act, often the completion of a contract. In order to obtain
specific performance of a contract, the plaintiff must show that money damages
cannot compensate for a loss.
STARE DECISIS: "The decision stands." An issue that has
been decided by case law precedent.
STAY: A court order stopping a court proceeding.
STIPULATION: An agreement by opposing parties, usually in writing,
about any fact or matter pertaining to the case.
SUBPOENA: A court order to cause a witness to appear and give testimony.
Witnesses can be subpoenaed to give a deposition during the process of discovery,
as well as at trial.
SUBPOENA DUCES TECUM: A subpoena that demands that the witness bring
certain documents or records when called to give testimony.
SUMMARY JUDGMENT: Judgment granted by a court when there is no genuine
issue of material fact in dispute.
SUMMONS: An order issued by the clerk of court informing a defendant
that a suit has been filed against her or him, and summoning the defendant
to appear before the court and file an Answer to the complaint.
SUPERSEDEAS: A court order halting the effect of a trial court judgment
during the appeal process. When money damages have been awarded, the court
can require the defendant to file a supersedeas bond sufficient to guarantee
payment of the judgment if it is affirmed by the appeals court.
THIRD-PARTY CLAIM: A claim by a defendant against a party not already
in the lawsuit.
TORT: A civil injury or wrong committed against the person or property
of another. Personal injury suits, such as those arising from car accidents,
plane crashes, etc., are tort actions, as are suits alleging product liability,
libel, invasion of privacy, wrongful death, or medical malpractice.
TRANSCRIPT: The court reporter's official record of words spoken
at a hearing or a trial.
TRUE BILL: When a grand jury finds sufficient evidence to warrant
a criminal charge, it returns to the court a "true bill" of indictment
against the wrongdoer.
UNDUE INFLUENCE: Any attempt to influence someone to do ozr say something
he would not otherwise do or say.
VENIRE: A term used to refer to a group, or pool, of persons summoned
for jury duty.
VENUE: The particular county, city or place where a case will be
tried.
VERDICT: The conclusion rendered by a jury.
Decision--The written opinion of an appellate court.
Judgment--A court order finally disposing of all
aspects of the case. In a criminal case, it is the order of the court imposing
a sentence, or releasing the defendant from the custody of the court. In
civil cases, it is the order of the court imposing damages, if any, and
assessing costs.
Order-- A court administrative order determining some aspect of the conduct
of the case, such a setting bail, setting a time for a hearing, or scheduling
the filing of briefs.
Ruling--A court's decision in response to a motion filed by a party. A ruling
usually interprets a question of law.
VOIR DIRE: The questioning of potential jurors in a case by the lawyers
for both parties and, occasionally, by the court itself.
WAIVER: Voluntarily giving up a known right.
WEIGHT OF EVIDENCE: The balance of credible evidence in favor of
one party over another.
WILLFUL: Intentional misconduct on the part of a person. Distinguished
from that done negligently or carelessly.
WITH/WITHOUT PREJUDICE: See "Dismissal".
WITNESS: One who testifies to what he or she has done, seen, heard
or otherwise observed.
WRIT: A court order requiring the performance of a specified act.
Table of Contents
Bicentennial of the Bill of Rights
Introductory Note by Chief
Justice Arthur A. McGiverin
Iowa FOI Council Guidelines
Rules of Procedure for Canon3A(7):
Expanded Media Coverage
Regional Media Coordinators
Questions about EMC