Glossary

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Term Definition
C-4 motion

Motion to dismiss on grounds that there is no prima facie case of guilty (FRCP 3.190(C)(4)

Calendar

List of cases scheduled for hearing in court.

Capias

Literally, "that you take." Several writs and processes commanding the sheriff to take the person of the defendant are known by the name capias, e.g. capias ad respondendum, capias ad computandum, capias ad satisfaciendum.

Capias (instanter)

Issuance of the arrest order with court direction to bring the named person before the court immediately, with no bond.

Capital offense

A crime punishable by death.

Caption

The heading on a legal document listing the parties, the court, the case number, and related information.

Case law

Law established by previous decisions of appellate courts, particularly the Supreme Court.

Cause

A lawsuit, litigation, or action. Any question, civil or criminal, litigated or contested before a court of justice.

Caveat

A warning; a note of caution.

Certified copy

A court document that is authenticated, signed and sealed by the clerk or deputy clerk.

Certiorari

A means of getting an appellate court to review a lower court's decision. The loser of a case will often ask the appellate court to issue a writ of certiorari, which orders the lower court to convey the record of the case to the appellate court and to certify it as accurate and complete. If an appellate court grants a writ of certiorari, it agrees to take the appeal. This is often referred to as granting cert.

Challenge

Term used in a jury trial when attempting to exclude a potential juror.

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 the lawsuit.) The judge has the discretion to deny the challenge. This differs from peremptory challenge.

Chambers

A judge's private office. A hearing in chambers takes place in the judge's office outside of the presence of the jury and the public.

Chancery

Equity court. Opposite of comman law court with rules of civil procedure. Equity and law courts have merged at the procedural level, but equity substantive jurisprudence remains viable.

Change of venue

Moving a lawsuit or criminal trial to another place for trial.

Charge to the jury

The judge's instructions to the jury concerning the law that applies to the facts of the case on trial.

Charges (multiple)

A case with more than one count or offense listed on the court file.

Charging document

A citation, information, indictment, 923.01 or notice to appear, indicating that the named person committed a specific criminal offense or civil infraction.

Chief Judge

Presiding or administrative judge in a court.