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COURT INTERPRETER WRITTEN EXAM: COURT-RELATED TERMS AND USAGE
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COURT INTERPRETER WRITTEN EXAM: COURT-RELATED TERMS AND USAGE
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COURT INTERPRETER WRITTEN EXAM: COURT-RELATED TERMS AND USAGE
Accuracy - Answers-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 - Answers-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 - Answers-A term used to describe evidence that may be considered by a
jury or
judge in civil and criminal cases.
Acquittal - Answers-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 - Answers-A term used to describe evidence that may be
considered by a jury or
judge in civil and criminal cases.
adversary system - Answers-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 - Answers-A sworn written statement. Complaints, search warrants, and arrest
warrants must be supported by affidavits establishing probable cause.
allocution - Answers-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 - Answers-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 pretrial ruling of the
court may appeal that sentence or ruling to the court of appeals and seek a different
result.
Appointed Counsel - Answers-An attorney appointed by the court to represent a person,
usually an
indigent person.
Arraignment - Answers-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 - Answers-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 - Answers-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.
Assistant United States Attorney - Answers-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 - Answers-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 - Answers-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 - Answers-A trial before a judge without a jury. The judge decides questions
of fact as well as questions of law.
Booking - Answers-The criminal justice system's process for creation of an
administrative
record of those arrested.
Burden of Proof - Answers-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.
Case Law - Answers-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 - Answers-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 - Answers-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.
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