A
Acquittal – A jury verdict that a criminal defendant is not guilty, or the finding of a judge that the evidence is insufficient to support a conviction.
Add-on – A supplement to a piece of software that gives an added layer of functionality: for example, add-ons in Mozilla Firefox can allow the user to take pictures of the screen or remove advertisements.
Address book – Part of the user's email software where the user stores details of friends' and contacts' e-mail addresses so the user don't have to remember them.
Admissible – A term used to describe evidence that may be considered by a jury or judge in civil and criminal cases.
Adobe Flash – Creates and plays interactive videos, games and other multimedia items on the Internet. The user may need to install a plug-in to view Flash content on the user's browser.
Adware – A form of spyware which installs programs which generate advertising on the user's computer (often in the form of pop-up windows).
Affiant – The person who makes and subscribes (signs) an affidavit.
Affidavit – 1. A written or printed statement made under oath. 2. A voluntary, written, or printed declaration of facts, confirmed by oath of the party making it before a person with authority to administer the oath.
Affirmation – A solemn and formal declaration that an affidavit is true. This is substituted for an oath in certain cases.
Affirmative defense – A defense raised in a responsive pleading (answer) relating a new matter as a defense to the complaint; affirmative defenses might include contributory negligence or estopped in civil actions; in criminal cases insanity, duress, or self-defense might be used.
Affirmed – In the practice of the court of appeals, it means that the court of appeals has concluded that the lower court decision is correct and will stand as rendered by the lower court.
Alien – A foreign-born person who has not qualified as a citizen of the country.
Allegation – A statement of the issues in a written document (pleading or “information”) which a person is prepared to prove in court.
Alteration – Changing or making different.
Alternative Dispute Resolution – Settling a dispute without a full, formal trial. Methods include mediation, conciliation, arbitration, and settlement, among others.
America Bar Association – A national association of lawyers whose primary purpose is improvement of lawyers and the administration of justice.
Alternative dispute resolution (ADR) – A procedure for settling a dispute outside the courtroom. Most forms of ADR are not binding, and involve referral of the case to a neutral party such as an arbitrator or mediator.
Amicus curiae – Latin for “friend of the court.” It is advice formally offered to the court in a brief filed by an entity interested in, but not a party to, the case.
Android – An operating system developed by Google for mobile phones and other hand-held devices.
Animated GIF – Short for ‘Graphics Interchange Format’, a GIF is a type of image file. When it is animated it might blink, flash or have moving elements.
Answer – The formal written statement by a defendant in a lawsuit that answers the allegations stated in the complaint.
Answers to Interrogatories – A formal written statement by a party to a lawsuit which answers each question or interrogatory propounded by the other party. These answers must be acknowledged before a notary public or other person authorized to take acknowledgments.
Anti-spyware – Anti-spyware software helps stop malicious programs stealing confidential information from the user's computer.
Anti-virus – Security software that helps protect the user's computer from viruses spread online.
AOL – Formerly known as American Online, this company used to be the world's largest Internet Service Provider (ISP).
Appeal – 1. A proceeding brought to a higher court to review a lower court's decision. 2. 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.” One who appeals is called the “appellant;” the other party is the “appellee.”
Appearance – The act of coming into court as a party to a suit either in person or through an attorney.
Appendix – Supplementary materials added to the end of a document.
Appellate – About appeals; an appellate court has the power to review the judgment of a lower court (trial court) or tribunal. For example, the U.S. circuit courts of appeals review the decisions of the U.S. district courts.
Appellate Court – A court having jurisdiction to hear appeals and review a trial court's procedure.
Appellant – The party who appeals a district court's decision, usually seeking reversal of that decision.
Appellate Court – A court having jurisdiction to hear appeals and review a trial court's procedure.
Appellee – The party against whom an appeal is taken.
Application – Another word for a computer program. For example, Microsoft Word (which is used for creating text documents) is a word processing application.
Arbitration – The hearing of a dispute by an impartial third person or persons (chose by the parties), whose award the parties agree to accept.
Arbitrator – A private, disinterested person chosen by the parties in arbitration to hear evidence concerning the dispute and to make an award based on the evidence.
Archive – The place on a website where the user fined old news, articles, stories etc.
Arraignment – 1. The hearing at which the accused is brought before the court to plead to the criminal charge in the indictment or information filed. He or she may plead “guilty,” “not guilty,” or where permitted under the law “nolo contender.” 2. A proceeding in which a criminal defendant is brought into court, told of the charges in an indictment or information, and asked to plead guilty or not guilty.
Article III judge – A federal judge who is appointed for life, during “good behavior,” under Article III of the Constitution. Article III judges are nominated by the President and confirmed by the Senate.
Assets – Property of all kinds, including real and personal, tangible and intangible.
Assume – An agreement to continue performing duties under a contract or lease.
B
Back up – To save files to a CD or USB drive so that they are kept in multiple places.
Bail – The release, prior to trial, of a person accused of a crime, under specified conditions designed to assure that person's appearance in court when required. Also can refer to the amount of bond money posted as a financial condition of pretrial release.
Bandwidth – The amount of data that can be carried per second by the user's Internet connection. Usually measured in kilobytes per second (kBps).
Bankruptcy – A legal procedure for dealing with debt problems of individuals and businesses; specifically, a case filed under one of the chapters of title 11 of the United States Code (the Bankruptcy Code).
Banner – A rectangular shaped advert or heading normally at the top of a web page.
Baud rate – The speed at which the user's modem can transmit and receive information. Nowadays it's more usual to use the term bps (bits per second) or Bps (bytes per second).
Bench – the seat occupied by the judge. More broadly, the court itself.
Bench trial – A trial without a jury, in which the judge serves as the fact-finder.
Blog – Short for ‘weblog’, a blog is an online personal diary with thoughts and opinions on life as well as links to other websites the author likes.
Booking – The process of photographing, fingerprinting, and recording identifying data of a suspect. This process generally follows an arrest.
Breach – The breaking or violating of a law, right, or duty, either by commission or omission. The failure of one party to carry out any condition of a contract.
Breach of contract – An unjustified failure to perform when performance is due.
Brief – 1. A written statement submitted in a trial or appellate proceeding that explains one side's legal and factual arguments. 2. A written argument by counsel arguing a case, which contains a summary of the facts of the case, pertinent laws, and an argument of how the law applies to the fact situation. Also called a memorandum of law.
Broadband – A permanent high-speed Internet connection. It receives digital information about 100 times faster than an old dial up modem and is always on.
Browser – A software program that allows the user to view files (including web pages, PDFs, images, video and audio) over the Internet.
Burden of proof – 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. In the law of evidence, the necessity or duty of affirmatively proving a fact or facts in dispute on an issue raised between the parties in a lawsuit. The responsibility of proving a point (the burden of proof). It deals with which side must establish a point or points.
Byte – One of the smallest units that data are able to be measured in. Usually, a byte consists of eight ‘bits’. A byte is generally measured by the amount of data required to save just one character of text.
C
Cable – a wire insulated with plastic that is used to transfer electricity or information. Also a type of television service that is transmitted via a physical cable into televisions.
Capital crime – A crime punishable by death.
Capacity – Having legal authority or mental ability. Being of sound mind.
Caption – Heading or introductory party of a pleading.
Case file – A complete collection of every document filed in court in a case.
Case law – The law as established in previous court decisions. A synonym for legal precedent. Law established by previous decisions of appellate courts, particularly the United States Supreme Court or state Supreme Courts.
Cases – General term for an action, cause, suit, or controversy, at law or in equity; questions contested before a court of justice.
Cause – A lawsuit, litigation, or action. Any questions, civil or criminal, litigated or contested before a court of justice.
Cause of action – 1. A legal claim. 2. The fact or facts which give a person a right to relief in court.
Certification – 1. Written attestation. 2. Authorized declaration verifying that an instrument is a true and correct copy of the original.
Chat site – A website that allows people to send each other messages in real-time, without having to download any instant messaging software to their computers.
Chip – A small computer component (also known as a microchip) which processes information.
Class action – A lawsuit brought by one or more persons on behalf of a larger group, or class, of individuals or other entities sue on behalf of the entire class. The district court must find that the claims of the class members contain questions of law or fact in common before the lawsuit can proceed as a class action.
Clear and convincing evidence – Standard of proof commonly used in civil lawsuits and in regulatory agency cases. It governs the amount of proof that must be offered in order for the plaintiff to win the case.
Clerk of court – The court officer who oversees administrative functions, especially managing the flow of cases through the court. The clerk's office is often called a court's central nervous system.
Cloud computing – Where the data is stored and accessed by the Internet (‘clouds’) instead of on a computer: this can include online storage and online applications.
Cloud-based storage – When data the user upload online is kept not on single servers but across several different ones at the same time. If one of the servers breaks, less data is lost as a whole.
CNET – A news website which provides, amongst other things, reviews of computer-related products and services, as well as software downloads and technology stories.
Common law – The legal system that originated in England and is now in use in the United States, which relies on the articulation of legal principles in a historical succession of judicial decisions. Common law principles can be changed by legislation.
Complaint – A written statement that begins a civil lawsuit, in which the plaintiff details the claims against the defendant.
Consent – Agreement; voluntary acceptance of the wish of another.
Constitution – The fundamental law of a nation or state which establishes the character and basic principles of the government.
Constitutional law – Law set forth in the Constitution of the United States and the state constitutions.
Consumer bankruptcy – A bankruptcy case filed to reduce or eliminate debts that are primarily consumer debts.
Consumer debts – Debts incurred for personal, as opposed to business, needs.
Contract – An agreement between two or more people that creates an obligation to do or not to do a particular thing.
Conviction – A judgment of guilt against a criminal defendant.
Cookies – Small files automatically downloaded to a computer by websites that may have information about the user and what the user has done on that website for the website to view next time the user goes online.
Counsel – Legal advice; a term also used to refer to the lawyers in a case.
Court – Government entity authorized to resolve legal disputes. Judges sometimes use “court” to refer to themselves in the third person, as in “the court has read the briefs.”
CPU – Stands for ‘central processing unit’, this is the ‘brain’ of the computer. The speed of a computer refers to the speed of the CPU.
Crash – When a computer temporarily stops working. It may pause or ‘freeze’ up, or tell the user to restart or quit.
Crawler – Also known as a bot or robot: a computer program which runs through the Internet collecting data, often for search engines.
Credit counseling – Generally refers to two events in individual bankruptcy cases: (1) the “individual or group briefing” from a nonprofit budget and credit counseling agency that individual debtors must attend prior to filing under any chapter of the Bankruptcy Code; and (2) the “instructional course in personal financial management” in chapters 7 and 13 that an individual debtor must complete before a discharge is entered. There are exceptions to both requirements for certain categories of debtors, exigent circumstances, or if the U.S. trustee or bankruptcy administrator have determined that there are insufficient approved credit counseling agencies available to provide the necessary counseling.
Creditor – A person to whom or business to which the debtor owes money or that claims to be owed money by the debtor.
Crime – An act in violation of the penal laws of a state or of the United States. A positive or negative act in violation of penal law.
Criminal justice system – the network of courts and tribunals which deal with criminal law and its enforcement.
Cross-examination – The questioning of a witness produced by the other side in a trial.
Crumb trail – A series of text links across the top of a page that show the user where he or she has been on a website.
Cursor – The flashing vertical line on the screen that shows the user where is and where the next character the user types will appear.
Custody – Detaining of a person by lawful process or authority to assure his or her appearance to any hearing; the jailing or imprisonment of a person convicted of a crime.
CVV2/CVC – The last part of the code above the signature strip on modern credit and debit cards, which is often required by online vendors to verify that the card is genuine.
Cybercafé – Also known as an Internet café – a real café a customer may to drink coffee and buy Internet access for short periods of time.
Cyberspace – A term often used to describe the Internet/online environment, but which was originally invented to describe an as yet non-existent wholly interactive virtual world.
D
Damages – 1. Money awarded by a court to a person injured by the unlawful act or negligence of another person. 2. Money that a defendant pays a plaintiff in a civil case if the plaintiff has won. Damages may be compensatory (for loss or injury) or punitive (to punish and deter future misconduct).
Data Protection Act – British legislation which says how personal data should be treated, including what information can be kept about people.
Database – A program which allows the storing and organizing of data so that it can be retrieved and used in a variety of different ways.
Default settings – Non-customized settings: usually, when installing a program or signing up to a service the company will make assumptions about how the user would like things to work, based on what the majority of their users choose to do.
Declaratory judgment – A judge's statement about someone's rights. For example, a plaintiff may seek a declaratory judgment that a particular statute, as written, violates some constitutional right.
Decree – An order of the court. A final decree is one that fully and finally disposes of the litigation.
Defamation – That which tends to injure a person's reputation.
Defendant – An individual (or business) against whom a lawsuit is filed. The person defending or denying a suit. n a civil case, the person or organization against whom the plaintiff brings suit; in a criminal case, the person accused of the crime.
Deposition – An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial. See discovery.
Desktop – A metaphor used to describe the way different programs are laid out on the computer screen, which is similar to how a user may arrange documents and photos on a real desk.
Dial-up – An old-fashioned way of connecting to the Internet through a conventional phone line.
Direct evidence – Proof of facts by witnesses who saw acts done or heard words spoken.
Direct examination – The first questioning of witnesses by the party on whose behalf they are called.
Directory – A folder containing files: this is a way of organizing files into different groups so they are easier to find and navigate.
Discovery – Procedures used to obtain disclosure of evidence before trial.
Docket – A log containing the complete history of each case in the form of brief chronological entries summarizing the court proceedings.
DNS (domain name system) – the method through which human-readable web addresses (such as udc.edu) are re-directed to the IP addresses the websites are hosted on (such as 12.23.34.45).
Domain name – a web address: for example, udc.edu is a domain name.
DoS (denial of service) attack – A malicious attempt to make a website stop functioning, usually by overwhelming it with web traffic.
DOS (disk operating system) – A type of computer operating system (OS) used from the 1980s to around 2000 but which is now rarely used.
Dotcom – A company which operates solely (or mainly) from the Internet.
Download – To transfer a file from the Internet on to the user's computer.
Due process – The right of all persons to receive the guarantees and safeguards of the law and the judicial process. It includes such constitutional requirements as adequate notice, assistance of counsel, and the rights to remain silent, to a speedy and public trial, to an impartial jury, and to confront and secure witnesses. In criminal law, the constitutional guarantee that a defendant will receive a fair and impartial trial. In civil law, the legal rights of someone who confronts an adverse action threatening liberty or property.
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.
Email attachments – Documents and files (such as images and videos) which are sent along with an email.
Encrypt/encryption – To change/scramble information so that it can't be read by anyone who doesn't know the password/key to unscramble it. This makes the information more secure.
Enjoining – An order by the court telling a person to stop performing a specific act.
Entity – A person or legally recognized organization.
Equal protection of the laws – The guarantee by the Fourteenth Amendment to the U.S. Constitution that all persons be treated equally by the law.
Equitable – Pertaining to civil suits in “equity” rather than in “law.” In English legal history, the courts of “law” could order the payment of damages and could afford no other remedy (see damages). A separate court of “equity” could order someone to do something or to cease to do something (e.g., injunction). In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in “law” cases but not in “equity” cases.
Equity – Justice administered according to fairness; the spirit or habit of fairness in dealing with other persons.
Error message – A message letting a user know that something has gone wrong or is not working as it should (often in the form of a pop-up).
Ethics – Of or relating to moral action and conduct; professionally right; conforming to professional standards.
Evidence – Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case in favor of one side or the other.
Ex parte – A proceeding brought before a court by one party only, without notice to or challenge by the other side.
Executable (program) – A computer program which is able to perform tasks when asked to do so. All software which runs off the user's computer hard drive will have an EXE file.
Exclusionary rule – The rule preventing illegally obtained evidence to be used in any trial. Doctrine that says evidence obtained in violation of a criminal defendant's constitutional or statutory rights is not admissible at trial.
Exculpatory evidence – Evidence indicating that a defendant did not commit the crime.
Executory contracts – Contracts or leases under which both parties to the agreement have duties remaining to be performed. If a contract or lease is executory, a debtor may assume it (keep the contract) or reject it (terminate the contract).
F
Family law – Those areas of the law pertaining to families, such as marriage, divorce, child custody, and paternity.
Federal question jurisdiction – Jurisdiction given to federal courts in cases involving the interpretation and application of the U.S. Constitution, acts of Congress, and treaties.
Felony – A serious crime, usually punishable by at least one year in prison.
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.
File – To place a paper in the official custody of the clerk of court to enter into the files or records of a case.
File (computer) – A piece of information which can be opened by a computer program; for example, an image, a text document, or a video.
Finding – Formal conclusion by a judge or regulatory agency on issues of fact. Also, a conclusion by a jury regarding a fact.
File-sharing – Sharing files across the Internet, commonly using software such as BitTorrent.
Firefox – A popular type of Internet browser, made by Mozilla.
Firewall – A piece of hardware or software that controls what information passes from the user's computer to the Internet, and who or what can access the user's computer while the user is connected.
Flame – To send messages through the Internet which are designed to offend or annoy somebody, normally through conversations held on message boards or chat forums.
Flickr – A website where users can upload and share photos and images for free.
Fraud – A false representation of a matter of fact which is intended to deceive another.
Fraudulent transfer – A transfer of a debtor's property made with intent to defraud or for which the debtor receives less than the transferred property's value.
FTP (File Transfer Protocol) – A way of transferring files between a user's computer and a web server.
G
Garnishment – A legal proceeding in which a debtor's money, in the possession of another (called the garnishee) is applied to the debts of the debtor, such as when an employer garnishes a debtor's wages.
Gmail – A webmail service run by Google.
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. A body of 16-23 citizens who listen to evidence of criminal allegations, which is presented by the prosecutors, and determine whether there is probable cause to believe an individual committed an offense.
Grooming – Making friends with someone online under false pretenses to lure them into a difficult or dangerous situation.
H
Habeas corpus – Latin, meaning “you have the body.” A writ of habeas corpus generally is a judicial order forcing law enforcement authorities to produce a prisoner they are holding, and to justify the prisoner's continued confinement. Federal judges receive petitions for a writ of habeas corpus from state prison inmates who say their state prosecutions violated federally protected rights in some way.
Hacker – Someone who attempts to access secure information over the Internet without permission – or someone who customizes or recycles computer equipment to invent new devices.
Hardware – The physical parts of a computer.
Hearing – A formal proceeding (generally less formal than a trial) with definite issues of law or of fact to be heard.
History – A record which the browser or file explorer keeps of places a user has visited, either on the Internet or on the user's computer.
Hits – The number of times a web page has been visited by different people on the Internet. Most websites keep a record of who has visited their website so that they can see how popular it is.
Homepage – The web page the browser automatically displays when a user starts it up. Most browsers will allow the user to change the user homepage.
Host – A computer or server connected to the Internet.
Hotmail – A free webmail service provided by Microsoft. This is one of the first and most popular free webmail services when it began in 1996.
I
Inbox – The part of email program/webmail where users may view all the emails the user has received.
Inculpatory evidence – Evidence indicating that a defendant did commit the crime.
Indictment – The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies. See information.
Infect/infection – A computer is ‘infected’ with a virus is one in which a malicious code has installed itself on the computer and is adversely affecting the way the computer works.
Information – A formal accusation by a government attorney that the defendant committed a misdemeanor. See indictment.
Injunction – A court order preventing one or more named parties from taking some action. A preliminary injunction often is issued to allow fact-finding, so a judge can determine whether a permanent injunction is justified.
Install – Transferring software onto the user's computer and setting it up so that it is able to work properly.
Instant messaging (IM) – Sending messages between people ‘instantly’ using a program on a computer or a website – it is much like very fast text messaging.
Internet – Millions of computers (and the data stored on them) around the world connected together by telephone lines, cables or satellites over which they can exchange information.
Internet café – A real café where customers may go to eat and drink and buy Internet access for short periods of time.
Internet Explorer – One of the most popular and oldest Internet browsers, which is usually set as the standard browser with Microsoft computers.
Interrogatories – A form of discovery consisting of written questions to be answered in writing and under oath.
iPad – A touch-screen tablet computer made by Apple, which will only run software approved by Apple and purchased through the iTunes store.
iPhone – A touch-screen smartphone made by Apple, Inc.
ISP (Internet Service Provider) – A company which provides access to an Internet connection.
Issue – 1. The disputed point between parties in a lawsuit. 2. To send out officially, as in a court issuing an order.
J
Java – A programming language widely used on the web to run small programs in the browser called applets.
JavaScript – A scripting language developed by Netscape and Sun Microsystems which is used for such actions as make new browser windows ‘pop up’.
Judge – An official of the judicial branch with authority to decide lawsuits brought before courts. Used generically, the term judge may also refer to all judicial officers, including Supreme Court justices.
Judgment – The official decision of a court finally resolving the dispute between the parties to the lawsuit submitted to the court for determination.
Junk email – Unsolicited or unwanted email.
Jurisdiction – The legal authority of a court to hear and decide a certain type of case. It also is used as a synonym for venue, meaning the geographic area over which the court has territorial jurisdiction to decide cases.
Jurisprudence – The study of law and the structure of the legal system.
Jury – The group of persons selected to hear the evidence in a trial and render a verdict on matters of fact. See grand jury.
Jury instructions – A judge's directions to the jury before it begins deliberations regarding the factual questions it must answer and the legal rules that it must apply.
L
LAN – Local Area Network: a small private network of computers, for example in an office.
Law – The combination of those rules and principles of conduct promulgated by legislative authority, derived from court decisions and established by local custom.
Lawsuit – A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty which resulted in harm to the plaintiff.
Lien – A charge on specific property that is designed to secure payment of a debt or performance of an obligation. A debtor may still be responsible for a lien after a discharge.
LinkedIn – A social network used to help people make professional business connections.
Litigant – A party to a lawsuit.
Linux – A type of free, open-source operating system made by the people who use it. It is most frequently used on servers and as an alternative to Microsoft Windows. Popular versions include Ubuntu, Fedora and Mint. Pronounced “LIN-ucks”.
Litigation – A case, legal action, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
M
Macro – A computer script which when run will record a chain of actions and repeat them for the user.
Magistrate judge – A judicial officer of a district court who conducts initial proceedings in criminal cases, decides criminal misdemeanor cases, conducts many pretrial civil and criminal matters on behalf of district judges, and decides civil cases with the consent of the parties.
Mailbox – synonymous for email inbox.
Mailing list – Multiple email addresses collected to send out newsletters or group emails.
Mailwasher – Software which filters out spam emails before they go to the user's email program.
Malware – Malicious software specifically designed to damage the user's computer or corrupt the user's data.
Meta search engine – A site which automatically submits a search to several search engines at the same time and quickly retrieve results. Examples include MetaCrawler, Dogpile and Ask Jeeves.
Media player – A software program that plays audio and video content: RealPlayer, iTunes and Windows Media Player are popular media players.
Mediation – A form of alternative dispute resolution in which the parties bring their dispute to a neutral third party, who helps them agree on a settlement.
Memory – The storage and thinking parts of a computer. More storage memory on the hard disk (ROM) means the user is able to save more files and more thinking memory (RAM) means the computer is able to perform more complex tasks more quickly.
Mental health treatment – Special condition the court imposes to require an individual to undergo evaluation and treatment for a mental disorder. Treatment may include psychiatric, psychological, and sex offense-specific evaluations, inpatient or outpatient counseling, and medication.
Micro browser – An Internet browser scaled down for use on a mobile phone or other mobile devices.
Microsoft – One of the oldest and largest computing companies. It created the hugely popular operating system Microsoft Windows, which comes as standard on most PCs, as well as a great deal of widely-used software (such as Microsoft Office).
Microsoft Office – A suite of software created by Microsoft with software to create text documents, spreadsheets, slide-shows, and emails
Minor – A person under the age of legal competence.
Misdemeanor – An offense punishable by one year of imprisonment or less.
Mistrial – An invalid trial, caused by fundamental error. When a mistrial is declared, the trial must start again with the selection of a new jury.
Moot – Not subject to a court ruling because the controversy has not actually arisen, or has ended
Motion – A request by a litigant to a judge for a decision on an issue relating to the case.
Motion in limine – A pretrial motion requesting the court to prohibit the other side from presenting, or even referring to, evidence on matters said to be so highly prejudicial that no steps taken by the judge can prevent the jury from being unduly influenced.
Mozilla Firefox – A popular type of Internet browser.
MySpace – A popular social networking website with a particular focus on music and bands.
N
Napster – An online music store that allows users to listen to unlimited amounts of music and download tracks for a set monthly price.
Navigate/navigation – To move within or between websites which appears on each web page within that website.
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.
Network – A group of computers communicating together through a server along cables or wirelessly.
Network connections – Connections made from one computer to another as part of a network.
New media – A vague term referring to any new or digital technology, including the Internet, IPTV, digital radio and more
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
Online attackers – Individuals on the Internet who attack the computers of others to gain access to their data.
Operating system – The basic software on the computer which instructs all the different parts of the computer to work together. All computers need an operating system (OS) to work. Popular operating systems include Microsoft Windows, Mac OS X, and Linux.
Opt-in – To choose to do something/be involved with something.
Opt-out – To choose not to do something/be involved with something.
Opinion – A judge's written explanation of the decision of the court. Because a case may be heard by three or more judges in the court of appeals, the opinion in appellate decisions can take several forms. If all the judges completely agree on the result, one judge will write the opinion for all. If all the judges do not agree, the formal decision will be based upon the view of the majority, and one member of the majority will write the opinion. The judges who did not agree with the majority may write separately in dissenting or concurring opinions to present their views. A dissenting opinion disagrees with the majority opinion because of the reasoning and/or the principles of law the majority used to decide the case. A concurring opinion agrees with the decision of the majority opinion, but offers further comment or clarification or even an entirely different reason for reaching the same result. Only the majority opinion can serve as binding precedent in future cases.
Oral argument – An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
Order – A mandate, command, or direction authoritatively given. Direction of a court or judge made in writing.
Ordinance – A rule established by authority; may be a municipal statute of a city council regulating such matters as zoning, building, safety, matters of municipality, etc.
Outlook Express – Popular email software made by Microsoft.
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
Panel – 1. In appellate cases, a group of judges (usually three) assigned to decide the case. 2. In the jury selection process, the group of potential jurors. 3. The list of attorneys who are both available and qualified to serve as court-appointed counsel for criminal defendants who cannot afford their own counsel.
Parental control software – Software which can help restrict what children or vulnerable people can do and see on a computer and the Internet: for example, parental control software will filter pornography websites.
Party in interest – A party who has standing to be heard by the court in a matter to be decided in the bankruptcy case. The debtor, U.S. trustee or bankruptcy administrator, case trustee, and creditors are parties in interest for most matters.
Password – A secret combination of letters and numbers (and sometimes other characters) which protects personal information.
PayPal – A company which acts as an intermediary between a bank and online retailers, meaning consumers can pay for things online without having to trust retailers with credit card details.
PDF – A file extension by Adobe. PDFs are formatted documents that have been fixed in place, and are difficult to edit. This format is commonly used for brochures and formal documents, so that they can be viewed and printed the way the creator intended.
Per curiam – Latin, meaning “for the court.” In appellate courts, often refers to an unsigned opinion.
Periodical – A publication which appears regularly but less often than daily.
Petit jury (or trial jury) – A group of citizens who hear the evidence presented by both sides at trial and determine the facts in dispute. Federal criminal juries consist of 12 persons. Federal civil juries consist of at least six persons.
Petitioner – The person filing an action in a court of original jurisdiction. Also, the person who appeals the judgment of a lower court.
Petty offense – A federal misdemeanor punishable by six months or less in prison.
Phish/phishing – Attempting to get someone to give someone their private data over the Internet/email by posing as a reputable company, commonly a bank or financial institution. Also known as spoofing.
Photoshop – A software program made by Adobe which allows users use to view and edit images.
Plaintiff – A person who brings an action; the party who complains or sues in a civil action.
Plan – A debtor's detailed description of how the debtor proposes to pay creditors' claims over a fixed period of time.
Plea – In a criminal case, the defendant's statement pleading “guilty” or “not guilty” in answer to the charges.
Pleadings – Written statements filed with the court that describe a party's legal or factual assertions about the case.
Precedent – A court decision in an earlier case with facts and legal issues similar to a dispute currently before a court. Judges will generally “follow precedent,” meaning that they use the principles established in earlier cases to decide new cases that have similar facts and raise similar legal issues. A judge will disregard precedent if a party can show that the earlier case was wrongly decided, or that it differed in some significant way from the current case.
Preponderance of the proof – Greater weight of the evidence, the common standard of evidence in civil cases.
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.
Privilege – A benefit or advantage to certain persons beyond the advantages of other persons, i.e., an exemption, immunity, power, etc.
Probable cause – A reasonable belief that a crime has or is being committed; the basis for all lawful searches, seizures, and arrests.
Procedure – The rules for conducting a lawsuit; there are rules of civil procedure, criminal procedure, evidence, bankruptcy, and appellate procedure.
Prosecute – To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government
Prosecutor – A trial lawyer representing the government in a criminal case and the interests of the government in civil matters. In criminal cases, the prosecutor has the responsibility of deciding who and when to prosecute.
Protocol – A set of rules that tell computers how to transfer data between themselves.
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.
Proxy server – A server on the Internet that acts as an intermediary. For example, it can be used to hide the user's real IP address, or to temporarily store information about websites the user visits so that it can be loaded more quickly.
Public defender – Government lawyer who provides legal defense services to an indigent person accused of a crime.
Public domain software – Software which is free to download and use and which comes without any copyright restrictions: similar to Freeware.
R
RAM (random access memory) – temporary space on the computer used for programs which are currently running.
RAW – A type of file format for unprocessed image files (for example, files which are still on a digital camera).
Raw code – Also known as source code: code viewed in its most basic format (text) without being processed by a computer or browser. To view this web page's raw code in Internet Explorer or Firefox, click ‘View’ in the browser menu and select ‘Page source’ or ‘Source’.
Real property – Land, buildings and whatever is attached or affixed to the land. Generally synonymous with the words “real estate.”
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 interests 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 reliability of challenged evidence.
Record – A written account of the proceedings in a case, including all pleadings, evidence, and exhibits submitted in the course of the case.
Register – To sign up for an online service by providing contact details (such as email address, and a password).
Remand – Send back.
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.
Remote attack – When a user's computer is attacked through the Internet by a virus or hacker working on a different computer
Resolution – The amount of detail being displayed: the higher the resolution, the more detailed an image appears.
Re-tweet (RT) – Twitter language for taking a tweet somebody else has posted and posting it again so that a user's followers can see it. It is good netiquette to credit the person who originally tweeted the message by including their username in the tweet.
Reverse – The act of a court setting aside the decision of a lower court. A reversal is often accompanied by a remand to the lower court for further proceedings.
Robot – Also “bot,” a piece of software that runs on the Internet performing specific tasks, such as looking for information about web pages (bots made for search engines are also known as spiders).
Router – A piece of hardware that decides the next network point to which a packet of data on the Internet should be sent on its journey towards its final destination.
RSS – Really Simple Syndication: an RSS feed is a list of information taken from a website or service, updated in real-time with any new information added to the website.
Rules – Established standards, guides, or regulations set up by authority.
Rules of evidence – Standards governing whether evidence in a civil or criminal case is admissible.
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Sanction – A penalty or other type of enforcement used to bring about compliance with the law or with rules and regulations.
Scareware – Useless or dangerous software which is sold by scammers, often by scaring them into thinking they have a computer virus which can be fixed by buying their software.
Search engine – A very large searchable database of links to different websites, created by robots which trawl the Internet searching for information.
Search warrant – A written order issued by a judge that directs a law enforcement officer to search a specific area for a particular piece or pieces of evidence.
Security patch – An update released by the maker of a piece of software to fix small problems or security flaws.
Semantic web – A way of sorting information (like text, videos and images) with metadata or tags which computers can fully understand so that it becomes flexible enough to be used in lots of different ways.
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.
Server – A very simple, large computer used simply for doing one or two set tasks, such as storing large amounts of information and making it available to the Internet.
Service of process – The delivery of writs or summonses to the party named in the document.
Settlement – Parties to a lawsuit resolve their dispute without having a trial. Settlements often involve the payment of compensation by one party in at least partial satisfaction of the other party's claims, but usually do not include the admission of fault.
Shareware – Free software which users may download and use for free for a set period of time so they can try out some or all of the features before they decide whether or not they wish to pay for it.
Shopping cart – A ‘shopping list’ a user is able to build on an online store to buy all the items he or she may want at once instead of paying for everything separately.
Skim – To quickly find the basic details of something. Robots skim and compile information taken from websites.
Skype – A software program which allows people to make phone and video calls over the Internet.
SMS (short messaging service) – Also known as text messaging; a way of sending short text messages from one mobile phone to another through a traditional mobile phone network.
Social networking – Using websites (like Facebook, MySpace and Twitter) to connect to and share information with other people.
Social networking website – A website which allows users to meet up with existing friends online, as well as make new ones. Examples include Facebook, MySpace and Twitter.
Software – Code which is run by a user's computer, which tells it what to do. This can be anything from photo-editing programs to browsers that allows the computer to view information over the Internet.
Software firewall – Software that controls what information passes from the computer to the Internet, and who or what can access the computer while the user is connected.
Source code – Code viewed in its most basic format (text) without being processed by a computer or browser. To view this web page's raw code in Internet Explorer or Firefox, the user can click ‘View’ in the browser menu and select ‘Page source’ or ‘Source’.
Spam – Unsolicited or unwanted email.
Spam filter – Software or code attached to the inbox that filters out spam emails from legitimate emails.
Spambot – A computer robot that automatically sends out spam emails to users, on behalf of a hacker/human spammer.
Spammer – An individual who sends out spam emails, or writes a spambot program to do it on his/her behalf.
Spider – Also known as a robot: a piece of software that trawls the Internet for information to send back to search engines.
Spoofing – Attempting to persuade an individual to release their private data over the Internet/email by posing as a reputable company, commonly a bank or financial institution. Also known as phishing.
Spyware – A type of virus software that conceals itself on computers and gathers user personal data (like credit card details) to send back to a hacker or spammer.
SSID – A code up to 32 characters long that identifies a network, helping the computer to connect to it.
Standard of proof – Degree of proof required. In criminal cases, prosecutors must prove a defendant's guilt “beyond a reasonable doubt.” The majority of civil lawsuits require proof “by a preponderance of the evidence” (50 percent plus), but in some instances, the standard is higher and requires “clear and convincing” proof.
Standing – The legal right to bring a lawsuit. Only a person with something at stake has standing to bring a lawsuit.
Statute – A law passed by a legislature. 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.
Statute of limitations – The time within which a lawsuit must be filed or a criminal prosecution begun. The deadline can vary, depending on the type of civil case or the crime charged. It must be done within a specified time period after the occurrence which gives rise to the right to sue or prosecute.
Statutory – Relating to a statute; created or defined by a law.
Streaming – When a sound or video file is played at almost the same time it is being sent from a website. In this way a user doesn't have to wait for a clip to download; he or she just watches it as it downloads.
Strong/secure password – A password that is very difficult to guess or bypass, for example, one which contains a mixture of upper and lower case letters and numbers.
Sua sponte – Latin, meaning “of its own will.” Often refers to a court taking an action in a case without being asked to do so by either side.
Subpoena – A command, issued under a court's authority, to a witness to appear and give testimony.
Subpoena duces tecum – A command to a witness to appear and produce documents.
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 it is improper or was improperly obtained.
Surf/surfing – to use the Internet to go from website to another, often without a specific purpose.
T
TCP/IP – The combination of protocols that make the Internet. TCP deals with the process of dividing data into packets of information. IP deals with the process of passing these packets from one computer to the next until they reach their final destination.
Technical support – A phone number a user calls to receive help from a human being if in case the user encounters problems or needs assistance.
Temporary Relief – Any form of action by a court granting one of the parties an order to protect its interest pending further action by the court.
Temporary restraining order – Akin to a preliminary injunction, it is a judge's short-term order forbidding certain actions until a full hearing can be conducted. Often referred to as a TRO.
Testimony – Evidence presented orally by witnesses during trials or before grand juries.
Text messaging – Also known as SMS, a means of sending short text messages from one mobile phone to another through a traditional mobile phone network.
Thread – A group of messages, often e-mail messages or message board posts, linked by a common subject. A thread is the online equivalent of a conversation. Many message boards present messages on the same subject together, as a thread.
Tort – A civil, not criminal, wrong. A negligent or intentional injury against a person or property, with the exception of breach of contract.
Transcript – A written, word-for-word record of what was said, either in a proceeding such as a trial, or during some other formal conversation, such as a hearing or oral deposition
Transfer – Any mode or means by which a debtor disposes of or parts with his/her property.
Trial – A judicial examination of issues between parties to an action.
Trojan – A program which appears harmless but is carrying inside viruses, worms or even another program that will damage a computer. A trojan is usually an attachment and is often carrying a program which allows someone to hack into a computer.
Troll – A term widely used on the Internet to describe an individual who deliberately posts contentious and inflammatory remarks online to provoke others. These remarks may appear on Internet forums, chat rooms or in comment fields of blog articles.
Twitter – A social networking website where users may only post short messages of 140 characters or less. Users may ‘follow’ other people, and their messages will appear on user's screen in a time line. Many people use Twitter on their mobile phones, especially smartphones.
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UNIX – A computer operating system (OS) used by most Internet Service Providers (ISPs) on their ‘host’ computers as it allows many people to connect to the same resources at any given time.
U.S. Attorney – Lawyers appointed by the President in each judicial district to prosecute and defend cases for the federal government. The U.S. Attorney employs a staff of Assistant U.S. Attorneys who appear as the government's attorneys in individual cases.
Uphold – The appellate court agrees with the lower court decision and allows it to stand.
URL (Uniform Resource Locator) – A web address, e.g., www.udc.edu
Username: An identifying name a user can give him or herself to log into services, which he or she can choose and that does not need to be person's actual name.
V
Vacate – To set aside.
Venire – A writ summoning persons to court to act as jurors.
Venue – Authority of a court to hear a matter based on geographical location. The geographic area in which a court has jurisdiction. A change of venue is a change or transfer of a case from one judicial district to another.
Verdict – The decision of a trial jury or a judge that determines the guilt or innocence of a criminal defendant, or that determines the final outcome of a civil case. A conclusion, as to fact or law that forms the basis for the court's judgment.
Viral – Information which has spread through the Internet via word of mouth.
Viral marketing – When advertisers try to spread information about their products through word of mouth on the Internet. This is commonly done by creating funny or thought-provoking videos.
Virus – A computer program which can copy itself and spread from one computer to another, adversely affecting the way that computer operates.
Vista – An operating system (also known as Windows Vista) by Microsoft.
Void – Invalid; a void agreement is one for which there is no remedy.
Voidable – Capable of being declared invalid; a voidable contract is one where a person may avoid his obligation, as a contract between an adult and a minor.
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.
VPN (Virtual Private Network) – A system where people can access work intranets and private networks over the Internet.
W
Waive – Intentionally give up a right.
Warrant – Court authorization, most often for law enforcement officers, to conduct a search or make an arrest.
Web browser – Software which allows the user to surf the Internet.
Web developer – An individual who writes codes to create a website.
Web page – Any page on the Internet.
Webcam – A small, usually cheap video camera a user may plug into a computer to talk to people over the Internet.
Webcast – A pre-recorded or live video file broadcast over the Internet to several people at once: a type of Internet television.
Webmail – An email service that users may log in to through an Internet browser to send and receive emails online, instead of having to install software on a computer.
Webmaster – The individual in charge of the content on a website, who maintains the files kept on the server. The webmaster also resolves problems on the website.
Windows – A very popular operating system by Microsoft.
Windows Explorer – A file manager that helps users to navigate the files on their computer.
Windows Media Player – A media player by Microsoft which will play video and audio files.
Windows XP – A particular version of a Microsoft operating system.
Wireless – A means of gaining access to a network (such as the Internet) without having to use a cable: the information is transmitted through the atmosphere, such as with mobile phones.
Wireless router – Hardware that takes wired Internet access and makes it wireless. When a user signs up to a broadband Internet service their Internet service provider (ISP) will often provide a wireless router so that the user is able to connect to the Internet with a laptop or smartphone.
Witness – 1. A person called upon by either side in a lawsuit to give testimony before the court or jury. 2. One who personally sees or perceives a thing; one who testifies as to what he has seen, heard, or otherwise observed.
Worm – A program that is able to reproduce itself over a computer network. It usually attaches itself to another software program and then proceeds to cause malicious damage to computer such as shutting it down.
WPA (Wi-Fi Protected Access) – A means of encrypting a wireless connection so that people can't hack into it and steal information.
Writ – A written court order directing a person to take, or refrain from taking, a certain act.
Writ of certiorari – An order issued by the U.S. Supreme Court directing the lower court to transmit records for a case which it will hear on appeal.
Writ of execution – An order of the court evidencing debt of one party to another and commanding the court officer to take property in satisfaction of the debt.
Writ of garnishment – An order of the court whereby property, money, or credits in the possession of another person may be seized and applied to pay a debtor's debt. It is used as an incident to or auxiliary of a judgment rendered in a principal action.
Y
Yahoo! – A company that provides a search engine, free webmail, advertising, and news portal and other services.
Ymail – A webmail service operated by Yahoo!
Z
Zombie computer – A personal computer connected to the Internet which has been unwittingly hijacked by a hacker and used to do what the hacker wants without the owner even noticing, often to run DoS attacks or to send spam emails.