Glossary

A

Absorption Rate: The rate at which consumed alcohol finds its way into the blood stream. While alcohol sits in the stomach, its absorption is delayed. Absorption rate will be affected by how much was eaten, individual biologic differences, and what type of beverage was consumed. When drinking continues over a course of hours, both absorption and “burnoff” (metabolizing of alcohol) will be happening simultaneously.

Aquit: the act of freeing a person from the charge of an offense by means of a decision, verdict or other legal process; to discharge

Action: a civil judicial proceeding whereby one party prosecutes another for a wrong done or for protection of a right or prevention of a wrong; requires service of process on adversary party or potentially adversary party

Adjournment: a temporary postponement of the proceedings of a case until a specified future time

Administrative License Suspension: A law that allows the prompt suspension of the license of drivers charged with Driving While Intoxicated (DWI) when a driver has a BAC above the prescribed limit, or sometimes if a driver refuses to take a roadside blood or breath test. Thus the license may be suspended before adjudication of the DWI charge.

Adversary: An opponent. The defendant is the plaintiff's adversary.

Affidavit: a sworn or affirmed statement made in writing and signed; if sworn, it is notarized.

Affirmation: A solemn and formal declaration under penalties of perjury that a statement is true, without an oath.

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. A non-party to a proceeding that the Court permits to present its views.

Appeal: a proceeding to have a case examined by an appropriate higher court to see if a lower court's decision was made correctly according to law.

Appearance: the participation in the proceedings by a party summoned in an action, either in person or through an attorney.

Attestation: the act of witnessing an instrument in writing at the request of the party making the same, and subscribing it as a witness.

B

BAC: Short for “blood alcohol concentration.” BAC refers to the amount of alcohol in your bloodstream and is measured in percentages. BAC can be measured either by breath, blood or urine testing and is often used by law enforcement to determine whether or not a motorist is “legally drunk.” All 50 states have adopted BAC laws that make it illegal to drive with a BAC at or above a set amount. As of May of 2007, all 50 states have adopted 0.08% as the BAC limit.

Bail: the security given (or posted) to ensure the future appearance of a defendant.

Blood Test: A laboratory test that directly measures the percentage of alcohol content of the blood drawn from a DWI suspect.

Breath Test: A test of blood alcohol level that is derived from measuring the alcohol level of the suspect’s breath. It depends for its accuracy on the machine’s receiving air from deep in the lungs, and a mathematical formula is used to extrapolate the blood alcohol level from the lung-air alcohol level.

Breathalyzer: A portable machine used by law enforcement to measure the BAC of suspected drunk drivers.

Brief: a written or printed document prepared by the lawyers on each side of a dispute and submitted to the court in support of their arguments - a brief includes the points of law which the lawyer wished to establish, the arguments the lawyer uses, and the legal authorities on which the lawyer rests his/her conclusions.

Burnoff Rate: The rate at which alcohol in the body is metabolized. During burnoff, the blood alcohol level drops, giving rise to the “falling curve” term to describe the graph of the decrease in BA.

C

Case file: the court file containing papers submitted in a case.

Cause of action: grounds on which a legal action may be brought (e.g., property damage, personal injury, goods sold and delivered, work labor and services).

Certified copy: Copy of a document signed and certified as a true copy of an original by the Clerk of the Court or other authorized persons (e.g., lawyer).

Certificate of readiness: a document attesting that the parties in a lawsuit are ready to go to trial.

Certify: to testify in writing.

Chemical Test: As it relates to DUI, a test of the alcohol or drug concentration in a person's blood. A Breathalyzer, blood analysis, or urinalysis can be used as chemical tests for alcohol. If other drugs are suspected, a blood test or urine test is used.

Citation: 1) summons to appear; 2) reference to authorities in support of an argument.

Commercial Vehicle: A vehicle driven for business purposes. In the DUI context, these are the consequences for driving a commercial vehicle while drunk.

Community Service: Depending on the offense, your state may offer community service as a way to work off fines or jail time, which means you are living at home and reporting during the day to pick up trash, sweep public buildings, assist community charitable or public oriented organizations, or perform other services to the community. Community service may also be a mandatory part of your sentencing.

Compensatory damages: reimbursement for actual loss or injury, as distinguished from exemplary or punitive damages.

Conditional License: A conditional license is a license granted “on condition” of something, such as completing a DUI course or alcohol treatment program. Once that “condition” has been met, a standard license is generally issued or reinstated.

Contempt of court: an act or omission tending to obstruct or interfere with the orderly administration of justice or to impair the dignity of the court or respect for its authority.

Contract: a legally enforceable agreement between two or more persons or parties (oral or written).

Corroborate: to strengthen; to add weight by additional evidence.

Cross- examination: questioning by a party or his attorney of an adverse party or a witness called by an adverse party.

D

Damages: Monetary compensation or indemnity for wrong or injury caused by the violation of a legal right. 1. Compensatory damages - Reimbursement for actual loss or injury. 2. Exemplary damages - Monetary award by way of punishment for injury caused by aggravated circumstances or malice, in addition to compensation for the injury. 3. Punitive damages - Monetary compensation awarded in excess of ordinary damages, as punishment for a gross wrong.

Decision: the determination reached by a court in any judicial proceeding, which is the basis of the judgment

Declaratory judgment: one fixing rights of parties without ordering anything to be done

Decree: a decision or order of the court - a final decree is one which fully and finally disposes of the litigation; an interlocutory decree is a provisional or preliminary decree which is not final

Default: a "default" in an action of law occurs when a defendant omits to plead or otherwise defend within the time allowed, or fails to appear at the trial

Defendant: the party being sued or the party accused of committing the offense charged.

Deliberation: the process by which a panel of jurors comes to a decision on a verdict.

De novo: From the beginning, a new trial.

Deponent: One who testifies under oath to the truth of facts.

Deposition: sworn testimony of a witness.

Dismissal with prejudice: Action dismissed on the merits which prevents renewal of the same claim or cause of action.

Dismissal without prejudice: Action dismissed, not on the merits, which may be re-instituted.

Diversion: A court program that can suspend the prosecution of a criminal DWI charge in exchange for performing certain tasks, such as attending a drinking driver program. At the end of the period of successful diversion the charges are dismissed. This is less frequently used in DWI cases these days, but still exists in some states.

Domicile: that place where a person has a true and permanent home - a person may have several residences, but only one domicile

Driver Responsibility Tax: Some states charge those convicted of a DUI with an extra tax on top of fines and court costs. This usually consists of a tax that is payable to the state for three years after the incident occurred (e.g.: $250 per year for three years). In most cases, failure to pay the yearly assessment on time results in license suspension.

DUI School: DUI schools are typically drug and alcohol education programs designed to help you realize how dangerous drinking and driving is and to hopefully ensure you are not a repeat offender. Your state will likely have a list of approved schools for you to choose from.

DUI: Driving While Under the Influence.  Just a different way of stating DWI.

DWI: Driving While Intoxicated.  Just a different way of stating DUI.

E

Elements of a crime -Specific factors that define a crime which the prosecution must prove beyond a reasonable doubt in order to obtain a conviction: (1) that a crime has actually occurred, (2) that the accused intended the crime to happen, and (3) a timely relationship between the first two factors.

Entrapment- The act of inducing a person to commit a crime so that a criminal charge will be brought against him.

Evidence- Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.

Exceptions- Declarations by either side in a civil or criminal case reserving the right to appeal a judge's ruling upon a motion. Also, in regulatory cases, objections by either side to points made by the other side or to rulings by the agency or one of its hearing officers.

Exclusionary Rule- The rule preventing illegally obtained evidence to be used in any trial.

Exhibit -A document or other item introduced as evidence during a trial or hearing.

Exonerate- Removal of a charge, responsibility, or duty.

Ex parte -On behalf of only one party, without notice to any other party. For example, a request for a search warrant is an ex parte proceeding, since the person subject to the search is not notified of the proceeding and is not present at the hearing.

Ex parte proceeding- Action Circumstances which render a crime less aggravated, heinous, or reprehensible than it would otherwise be.

Expungement -The process by which the record of criminal conviction is destroyed or sealed.

Extradition -The surrender of an accused criminal by one state to the jurisdiction of another.

F

Federal Bureau of (FBI) - A federal agency which investigates all violations of federal Investigation laws.

Felony: A serious crime, such as murder, rape or burglary, for which there is a stricter sentence given than for a misdemeanor. Felonies are usually categorized by degrees. 1st degree felonies are the most serious class (with the highest fines and penalties), 2nd degree felonies are less serious, and so on. Many states treat DUIs that cause serious bodily injury as a 3rd degree felony. If there has been a death as a result of the DUI, it might be classified as a 1st or 2nd degree felony, depending upon the prosecutor and the situation. Some states elevate DWI to felony status even without an injury or death, if the suspect has a given number of prior DWI convictions. A felony can result in a sentence to state prison instead of county jail.

Fiduciary - A person or institution who manages money or property for another and who must exercise a standard care imposed by law, i.e., personal representative or executor of an estate, a trustee, etc.

Fraud - A false representation of a matter of fact which is intended to deceive another.

FST: Field Sobriety Test. A series of physical and mental coordination tests designed to help an officer decide if a driver is DWI. These may include walking the straight line, reciting the alphabet, standing still with feet together and arms extended, standing on one foot, etc. These are highly subjective, but if the officer concludes the driver was DWI, he will require a BA test. States seldom have statutes that penalize refusing to perform FST’s, but most will penalize refusal to take a Blood Alcohol Test with license suspension or other penalties.

G

General jurisdiction - Refers to courts that have no limit on the types of criminal and civil cases they may hear.

Good time - A reduction in sentenced time in prison as a reward for good behavior. It usually is one third to one half of the maximum sentence.

Grand Jury - A jury of inquiry whose duty it is to receive complaints and accusations in criminal matters and if appropriate issue a formal indictment.

H

Habeas corpus - The name of a writ having for its object to bring a person before a court.

Harmless error - An error committed during a trial that was corrected or was not serious enough to affect the outcome of a trial and therefore was not sufficiently harmful (prejudicial) to be reversed on appeal.

Headnote - A brief summary of a legal rule or significant facts in a case, which along with other headnotes, precedes the printed opinion in reports.

Hearing - A formal proceeding (generally less formal than a trial) with definite issues of law or of fact to be heard. Hearings are used extensively by legislative and administrative agencies.

Hearsay -- Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.

High BAC: Threshold blood alcohol content for which maximum penalties and fines may apply, even on a first offense.

Hostile witness - A witness whose testimony is not favorable to the party who calls him or her as a witness. A hostile witness may be asked leading questions and may be cross-examined by the party who calls him or her to the stand.

Hung jury - A jury whose members cannot agree upon a verdict.

I

Ignition Interlock Device: An ignition interlock device is an in-car alcohol breath screening device that prevents a vehicle from starting if it detects a blood alcohol concentration (BAC) over a pre-set limit of .02 (i.e., 20 mg of alcohol per 100 ml of blood). The device is located inside the vehicle, near the driver’s seat, and is connected to the engine's ignition system. Many states require that the device be used by those convicted of DUI.

Immunity - Grant by the court, which assures someone will not face prosecution in return for providing criminal evidence.

Impeachment - A criminal proceeding against a public official.

Impeachment of a witness - An attack on the credibility (believability) of a witness, through evidence introduced for that purpose.

Implied contract - A contract not created or evidenced by the explicit agreement of the parties but one inferred by law; as the use of electric power in your home implies a contract with the light company.

Implied Consent Laws: Some states have implied consent laws. If you have a driver’s license in one of these states, you have, by implication, consented to have your blood alcohol concentration measured. In many states, you may refuse to take the test, but fines and license suspensions may be the result. In some states, an officer may not pull over drivers randomly to test them, but must have “probable cause” to believe the driver is DWI before pulling them over (such as observing “weaving”).

Inadmissible - That which, under the rules of evidence, cannot be admitted or received as evidence.

Incapacity - Lack of legal ability to act; disability, incompetence; lack of adequate power.

Incarceration - Imprisonment in a jail or penitentiary.

Incompetent - One who lacks ability, legal qualification, or fitness to manage his own affairs.

Indeterminate sentence - A sentence of imprisonment to a specified minimum and maximum period of time, specifically authorized by statute, subject to termination by a parole board or other authorized agency after the prisoner has served the minimum term.

Indictment - A written accusation by a grand jury charging a person with a crime. (See information.)

Indigent - Needy or impoverished. A defendant who can demonstrate his or her indigence to the court may be assigned a court-appointed attorney at public expense.

Initial appearance - The defendant comes before a judge within hours of the arrest to determine whether or not there is probable cause for his or her arrest.

Information - Accusatory document, filed by the prosecutor, detailing the charges against the defendant. An alternative to an indictment, it serves to bring a defendant to trial.

Infraction - A violation of law not punishable by imprisonment. Minor traffic offenses generally are considered infractions.

Intoxilyzer: A brand name for a blood alcohol breath testing machine.

J

Joint and several liability - A legal doctrine that makes each of the parties who are responsible for an injury, liable for all the damages awarded in a lawsuit if the other parties responsible cannot pay.

Judge - A presiding officer of the court.

Judgment - The official and authentic decision of a court of justice upon the rights and claims of parties to an action or suit submitted to the court for determination. (See also summary judgment.)

Judgment debtor - One who owes money as a result of a judgment in favor of a creditor.

Judicial lien - A lien obtained by judgment or other judicial process against a debtor.

Judiciary - The branch of government invested with judicial power to interpret and apply the law; the court system; the body of judges; then bench.

Jurat - Certificate of person and officer before whom a writing is sworn to.

Jurisdiction - The power or authority of a court to hear and try a case; the geographic area in which a court has power or the types of cases it has power to hear.

Jurisprudence- The study of law and the structure of the legal system.

Jury - A certain number of men and women selected according to law and sworn to try a question of fact or indict a person for public offense.

Jury Administrator - The court officer responsible for choosing the panel of persons to serve as potential jurors for a particular court term.

L

Law - The combination of those rules and principles of conduct promulgated by legislative authority, derived from court decisions and established by local custom.

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.

Legal aid - Professional legal services available usually to persons or organizations unable to afford such services.

Legal process - A formal paper that is legally valid; something issuing from the court, usually a command such as a writ or mandate.

Liable - Legally responsible.

License Revocation: A license revocation means your driving privileges have been cancelled. You will likely need to reapply for a driver's license after a designated length of time.

License Suspension: A license suspension means you may not drive for the period of your suspension. Driving privileges are typically administered by a state agency other than the court system. It could be the Secretary of State, the Department of Motor Vehicles or another agency. If your license is suspended, the suspension will likely take effect immediately upon arrest, and not upon conviction. Check your state’s laws. You, or your lawyer on your behalf, may be able to negotiate a limited suspension, meaning you may drive to and from work, but nowhere else.

Limited Jurisdiction - Refers to courts that are limited in the types of criminal and civil cases they may hear. For example, traffic violations generally are heard by limited jurisdiction courts.

M

Malfeasance - The commission of an unlawful act.

Malicious prosecution - An action instituted with intention of injuring the defendant and without probable cause, and which terminates in favor of the person prosecuted.

Manslaughter - The unlawful killing of another without intent to kill; either voluntary (upon a sudden impulse); or involuntary (during the commission of an unlawful act not ordinarily expected to result in great bodily harm). (See also murder.)

Marshal - The executive officer of the federal court.

Memorandum - An informal note or instrument embodying something the parties desire to have in written evidence.

Minor - A person under the age of legal competence.

Miranda Rights: The formal advisement that you have the right to remain silent and to have a lawyer present before answering questions, which police must recite prior to questioning someone who is in custody. Seldom relevant to DWI cases, because the police never arrest anyone until after questioning (Have you been drinking?), after the FSTs, and maybe even after the Blood Alcohol Testing. Of course, one does have the right not to answer questions like that one, or “How much have you had to drink? When?”, but no officer will advise you of that.

Miranda warning - Requirement that police tell a suspect in their custody of his or her constitutional rights before they question him or her. So named as a result of the Miranda v. Arizona ruling by the United States Supreme Court.

Misdemeanor: A crime less serious than a felony. Misdemeanors are sometimes categorized by degrees. 1st degree misdemeanors are the most serious class (with the highest fines and penalties), 2nd degree misdemeanors are less serious, and so on. Many states treat a first DUI conviction as a misdemeanor.

Misfeasance - Improper performance of an act which a person might lawfully do.

Mistrial - An invalid trial, caused by fundamental error. When a mistrial is declared, the trial must start again from the selection of the jury.

Mitigating circumstances - Those which do not constitute a justification or excuse for an offense but which may be considered as reasons for reducing the degree of blame.

Mittimus - The name of an order in writing, issuing from a court and directing the sheriff or other officer to convey a person to a prison, asylum, or reformatory, and directing the jailer or other appropriate official to receive and safely keep the person until his or her fate shall be determined by due course of law.

Mitigation - A reduction, abatement, or diminution of a penalty or punishment imposed by law.

Moot - A moot case or a moot point is one not subject to a judicial determination because it involves an abstract question or a pretended controversy that has not yet actually arisen or has already passed. Mootness usually refers to a court's refusal to consider a case because the issue involved has been resolved prior to the court's decision, leaving nothing that would be affected by the court's decision.

Motion - An application made to a court or judge which requests a ruling or order in favor of the applicant.

Motion in Limine - A motion made by counsel requesting that information which might be prejudicial not be allowed to be heard in a case.

Murder - The unlawful killing of a human being with deliberate intent to kill: (1) murder in the first degree is characterized by premeditation; (2) murder in the second degree is characterized by a sudden and instantaneous intent to kill or to cause injury without caring whether the injury kills or not.

N

Negligence - Failure to use care which a reasonable and prudent person would use under similar circumstances.

Negotiation - The process of submission and consideration of offers until an acceptable offer is made and accepted.

No Bill - This phrase, endorsed by a grand jury on the written indictment submitted to it for its approval, means that the evidence was found insufficient to indict.

No-contest Clause - Language in a will that provides that a person who makes a legal challenge to the will's validity will be disinherited.

Nonfeasance - Nonperformance of an act which should be performed; omission to perform a required duty or total neglect of duty.

Nonjury trial - Trial before the court but without a jury.

Notary Public - A public officer whose function it is to administer oaths, to attest and certify documents, and to take acknowledgments.

Notice - Formal notification to the party that has been sued in a civil case of the fact that the lawsuit has been filed. Also, any form of notification of a legal proceeding.

O

Oath - A solemn pledge made under a sense of responsibility in attestation of the truth of a statement or in verification of a statement made.

Objection - The process by which one party takes exception to some statement or procedure. An objection is either sustained (allowed) or overruled by the judge.

On a person's own recognizance - Release of a person from custody without the payment of any bail or posting of bond, upon the promise to return to court.

Open Container Laws: In some states, it is illegal to have an open container of alcohol in your vehicle. Many states have laws that make it illegal for drivers and passengers to have open containers in the vehicle.

Opening statement - The initial statement made by attorneys for each side, outlining the facts each intends to establish during the trial.

Opinion - A judge's written explanation of a decision of the court or of a majority of judges. A dissenting opinion disagrees with the majority opinion because of the reasoning and/or the principles of law on which the decision is based. A concurring opinion agrees with the decision of the court but offers further comment. (A per curiam opinion is an unsigned opinion "of the court.")

Oral argument - Presentation of a case before a court by spoken argument; usually with respect to a presentation of a case to an appellate court where a time limit might be set for oral argument.

Order - A mandate, command, or direction authoritatively given. Direction of a court or judge made in writing.

Overrule - A judge's decision not to allow an objection. Also, a decision by a higher court finding that a lower court decision was in error.

P

Paralegal - Also, legal assistant. A person with legal skills who works under the supervision of a lawyer.

Pardon - An act of grace from governing power which mitigates punishment and restores rights and privileges forfeited on account of the offense.

Parol evidence - Oral or verbal evidence; evidence given by word of mouth in court.

Parole - Supervised release of a prisoner from imprisonment on certain prescribed conditions which entitle him to termination of his sentence.

Party - A person, business, or government agency actively involved in the prosecution of defense of a legal proceeding.

Peremptory challenge - Request by a party that a judge not allow a certain prospective juror as a member of the jury. No reason or cause need be stated. 

Perjury - The criminal offense of making a false statement under oath.

Personal recognizance - In criminal proceedings, the pretrial release of a defendant without bail upon his or her promise to return to court. 

Person in need of supervision - Juvenile found to have committed a "status offense" rather than a crime that would provide a basis for a finding of delinquency. (See status offense.)

Petitioner - The person filing an action in a court of original jurisdiction. Also, the person who appeals the judgment of a lower court.

Plaintiff - A person who brings an action; the party who complains or sues in a civil action. (See complainant.)

Plea - The first pleading by a criminal defendant, the defendant's declaration in open court that he or she is guilty or not guilty. The defendant's answer to the charges made in the indictment or information.

Plea bargaining - Process where the accused and the prosecutor in a criminal case work out a satisfactory disposition of the case, usually by the accused agreeing to plead guilty to a lesser offense. Such bargains are not binding on the court. Also referred to as plea negotiating.

Pleadings - The written statements of fact and law filed by the parties to a lawsuit.

Polling the jury - The act, after a jury verdict has been announced, of asking jurors individually whether they agree with the verdict.

Post-trial - Refers to items happening after the trial, i.e., post-trial motions or post-trial discovery.

Precedent - Laws established by previous cases which must be followed in cases involving identical circumstances.

Preinjunction - Court order requiring action or forbidding action until a decision can be made whether to issue a permanent injunction. It differs from a temporary restraining order.

Preliminary hearing - Also, preliminary examination. A hearing by a judge to determine whether a person charged with a crime should be held for trial. 

Preponderance of the proof - Greater weight of the evidence, the common standard of evidence in civil cases.

Presentence report - A report to the sentencing judge containing background information about the crime and the defendant to assist the judge in making his or her sentencing decision.

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. It ordinarily does not include a formal charge of crime. A presentment differs from an indictment.

Pretrial conference - Conference among the opposing attorneys and the judge called at the discretion of the court to narrow the issues to be tried and to make a final effort to settle the case without a trial.

Prima facie case - A case that is sufficient and has the minimum amount of evidence necessary to allow it to continue in the judicial process. 

Primary authority - Constitutions, codes, statutes, ordinances, and case law sources.

Probable cause - A reasonable belief that a crime has or is being committed; the basis for all lawful searches, seizures, and arrests.

Probation: When all or part of the required jail time is suspended in exchange for good behavior, as determined by checking in with a probation officer. Jail time may be reinstated if it is found the terms of probation are being violated. Some grants of probation are unsupervised, but a violation may be found after a new arrest.

Prosecutor A trial lawyer representing the government in a criminal case and the interests of the state in civil matters. In criminal cases, the prosecutor has the responsibility of deciding who and when to prosecute.

Provisional (or Restricted) License: AA provisional license typically withholds certain license privileges. In a DUI context, a provisional license might be granted to someone to drive to and from work only, or to and from the court ordered drinking driver program.

Proximate cause - The last negligent act which contributes to an injury. A person generally is liable only if an injury was proximately caused by his or her action or by his or her failure to act when he or she had a duty to act.

Public defender - Government lawyer who provides free legal defense services to a poor person accused of a crime.

Punitive damages - Money award given to punish the defendant or wrongdoer.

R

Reasonable doubt An accused person is entitled to acquittal if, in the minds of the jury, his or her guilt has not been proved beyond a "reasonable doubt;" that state of minds of jurors in which they cannot say they feel an abiding conviction as to the truth of the charge.

Reasonable person A phrase used to denote a hypothetical person who exercises qualities of attention, knowledge; intelligence, and judgment that society requires of its members for the protection of their own interest and the interests of others. Thus, the test of negligence is based on either a failure to do something that a reasonable person, guided by considerations that ordinarily regulate conduct, would do, or on the doing of something that a reasonable and prudent (wise) person would not do.

Rebut Evidence disproving other evidence previously given or reestablishing the credibility of challenged evidence.

Re-direct examination Opportunity to present rebuttal evidence after one's evidence has been subjected to cross-examination.

Referee A person to whom the court refers a pending case to take testimony, hear the parties, and report back to the court. A referee is an officer with judicial powers who serves as an arm of the court.

Regurgitation: Ejecting some stomach contents up into the throat or mouth. With alcohol in the stomach, this can fool a Breathalyzer into thinking that the blood alcohol level is much higher than it is. Officers administering a breath test are supposed to watch the suspect to see he does not burp or regurgitate prior to the test. A cloud of alcohol burped up into the mouth will invalidate the breath test results.

Rehearing Another hearing of a civil or criminal case by the same court in which the case was originally heard.

Rejoinder Opportunity for the side that opened the case to offer limited response to evidence presented during the rebuttal by the opposing side. 

Remand To send a dispute back to the court where it was originally heard. Usually it is an appellate court that remands a case for proceedings in the trial court consistent with the appellate court's ruling.

Remedy Legal or judicial means by which a right or privilege is enforced or the violation of a right or privilege is prevented, redressed, or compensated.

Removal The transfer of a state case to federal court for trial; in civil cases, because the parties are from different states; in criminal and some civil cases, because there is a significant possibility that there could not be a fair trial in state court.

Replevin An action for the recovery of a possession that has been wrongfully taken.

 Respondent The person against whom an appeal is taken.

Rest A party is said to "rest" or "rest its case" when it has presented all the evidence it intends to offer.

Restatement A publication which tells what the law is in a particular field, as compiled from statutes and decisions.

Restitution Act of restoring anything to its rightful owner; the act of restoring someone to an economic position he enjoyed before he suffered a loss.

Retainer Act of the client in employing the attorney or counsel, and also denotes the fee which the client pays when he or she retains the attorney to act for them.

Return A report to a judge by police on the implementation of an arrest or search warrant. Also, a report to a judge in reply to a subpoena, civil or criminal.

Reverse An action of a higher court in setting aside or revoking a lower court decision.

Reversible error A procedural error during a trial or hearing sufficiently harmful to justify reversing the judgment of a lower court.

Revoke To cancel or nullify a legal document.

Rising Curve Defense: A defense to DWI based upon the claim that the driver was not under the influence and did not have .08% blood alcohol when he or she was driving, but that it rose to that level after arrest due to the fact that alcohol was still being absorbed. Consequently, a long delay between being pulled over and having a BA test helps the suspect in many cases.

Robbery Felonious taking of another's property, from his or her person or immediate presence and against his or her will, by means of force or fear.

Rules of evidence Standards governing whether evidence in a civil or criminal case is admissible.

S

Search warrant - A written order issued by a judge that directs a law enforcement officer to search a specific area for a particular piece of evidence.

Self-defense - The claim that an act otherwise criminal was legally justifiable because it was necessary to protect a person or property from the threat or action of another.

Self-incrimination, privilege against: - The constitutional right of people to refuse to give testimony against themselves that could subject them to criminal prosecution. The right is guaranteed in the Fifth Amendment to the United States Constitution . Asserting the right is often referred to as "taking the Fifth."

Sentence - The punishment ordered by a court for a defendant convicted of a crime. 

Sequester - To separate. Sometimes juries are separated from outside influences during their deliberations. For example, this may occur during a highly publicized trial.

Sequestration of witnesses - Keeping all witnesses (except plaintiff and defendant) out of the courtroom except for their time on the stand, and cautioning them not to discuss their testimony with other witnesses. Also referred to as "separation of witnesses."

Service of process - The delivering of writs, summonses, and subpoenas by delivering them to the party named in the document. Also referred to as "service."

Sheriff - The executive officer of local court in some areas. In other jurisdictions the sheriff is the chief law enforcement officer of a county.

Sidebar - A conference between the judge and lawyers, usually in the courtroom, out of earshot of the jury and spectators.

Slander - Spoken defamation which tends to injure a person's reputation. (See libel.)

Sobriety Checkpoints: A system where law enforcement agencies select a particular location for a particular time period and systematically stop vehicles (for example, every third car) to investigate drivers for possible DWI. If any evidence of intoxication is noted, a detailed investigation ensues.

Speedy Trial Act - Federal law establishing time limits for carrying out major events, i.e. indictment, arraignment, etc., in a criminal prosecution.

Standard of proof - Indicates the degree to which the point must be proven. In a civil case, the burden of proof rests with the plaintiff, who must establish his or her case by such standards of proof as a "preponderance of evidence" or "clear and convincing evidence."

Statute - Legislative enactment; it may be a single act of a legislature or a body of acts which are collected and arranged for a session of a legislature. (See statutory law.)

Statute of limitations - A statute which limits the right of a plaintiff to file an action unless it is done within a specified time period after the occurrence which gives rise to the right to sue.

Statutory - Relating to a statute; created or defined by a law.

Statutory law - Laws promulgated by Congress and state legislatures. 

Stay - A court order halting a judicial proceeding.

Strict liability - Concept applied by the courts in product liability cases that when a manufacturer presents his goods for public sale, he is representing that they are suitable for their intended use.

Subpoena - A command to appear at a certain time and place to give testimony upon a certain matter.

Subpoena Duces Tecum - A court order commanding a witness to bring certain documents or records to court.

Substantive criminal law - Law with the purpose of prevention of harm to society which prescribed punishment for specific offenses. The basic law of rights and duties as opposed to "remedial law" which provides methods of enforcement.

Summary judgment - A judgment given on the basis of pleadings, affidavits, and exhibits presented for the record without any need for a trial. It is used when there is no dispute as to the facts of the case and one party is entitled to a judgment as a matter of law.

Summons - Instrument used to commence a civil action or special proceeding; the means of acquiring jurisdiction over a party.

Suppress - To forbid the use of evidence at a trial because t is improper or was improperly obtained. 

Sustain - A court ruling upholding an objection or a motion.

T

Temporary restraining order - An emergency remedy of brief duration issued by a court only in exceptional circumstances, usually when immediate or irreparable damages or loss might result before the opposition could take action.

Testimony - The evidence given by a witness under oath. It does not include evidence from documents and other physical evidence.

Trial brief - A written document prepared for and used by an attorney at trial. It contains the issues to be tried, synopsis of evidence to be presented and case and statutory authority to substantiate the attorney's position at trial.

U

United States Attorney - A federal district attorney appointed by the President to prosecute for all offenses committed against the United States; to prosecute or defend for the government all civil actions in which it is concerned and perform all duties of the district to which he/she is assigned.

United States District Courts - Courts which try both criminal and civil actions and admiralty cases.

United States Magistrate Judge - Courts given authority by 28 U.S.C. s 636. This court hears all preliminary criminal matters, but does not conduct felony trials, and any pretrial civil matters referred by the district court. If all parties consent, criminal misdemeanor and civil trials can be heard by this court.

United States Marshal's Service - Agency which serves civil and criminal process in federal courts.

United States Supreme Court - The highest court in the land, established by U.S. Constitution.

Urine Test: A laboratory chemical test of the suspect’s urine to determine the suspect’s blood alcohol level. Can be inaccurate because of the mixing of higher alcohol level urine from earlier with lower alcohol level urine closer to the driver’s being pulled over. Can give an artificially high reading for that reason.

V

Vehicle Impound/Immobilization: Vehicle impound is an option used by some states when there has been more than one DUI conviction. The vehicle may be seized, or an ignition interlock device may be installed on the steering wheel of the car, requiring the driver to pass a breath test using the device before he or she can start the vehicle and drive away.

Venue - Authority of a court to hear a matter based on geographical location.

Verdict - A conclusion, as to fact or law, that forms the basis for the court's judgment. (See directed verdict.)

Voir dire - The preliminary examination made in court of a witness or juror to determine his competency or interest in a matter. Literally, to speak the truth.

W

Waiver - Intentionally given up a right.

Waiver of immunity - A means authorized by statute by which a witness, before testifying or producing evidence, may relinquish the right to refuse to testify against himself or herself, thereby making it possible for his or her testimony to be used against him or her in future proceedings.

Warrant - Most commonly, a court order authorizing law enforcement officers to make an arrest or conduct a search. An application seeking a warrant must be accompanied by an affidavit which establishes probable cause by detailing the facts upon which the request is based.

Warranty - A promise that a proposition of fact is true.

With prejudice - A declaration which dismisses all rights. A judgment barring the right to bring or maintain an action on the same claim or cause.

Without prejudice - A declaration that no rights or privileges of the party concerned are waived or lost. In a dismissal these words maintain the right to bring a subsequent suit on the same claim.

Witness - One who personally sees or perceives a thing; one who testifies as to what he has seen, heard, or otherwise observed.

Z

Zero Tolerance BAC: Allowable blood alcohol content for minors (as defined by the state). This percentage can be as low as 0% (meaning no alcohol content may be detected-hence the term “zero tolerance.”) or as high as 0.02%.