Criminal Defense – Glossary of Terms

by BradBernstein on March 18, 2010

interrogatories – Written questions asked by one party and served on an opposing party who must answer them in writing under oath as a discovery device.

redirect examination – Questioning of witness by party that originally called that witness after opponent’s cross-examination.

writ – A judicial order directing a person to perform a specific act.

SAUSA – Special Assistant United States Attorney. A federal trial attorney, appointed by the Attorney General upon recommendation of the U.S. Attorney of his or her district. Usually hired for the purpose of assisting in the preparation and presentation of a special case, or special types of cases.

probable cause – Sufficient legal reason to allow a search and seizure or the arrest of a person.

preliminary hearing – The hearing at which a judge determines whether there is sufficient evidence against a person charged with a crime to warrant holding him or her for trial.

moot – A proceeding which seeks a judgment or ruling on a dispute which does not actually exist. For example, when one party brings a motion to compel the other to answer interrogatories and the other has already answered, the motion is moot.

testimony – Evidence given by a witness under oath. This does not include evidence from documents and other physical exhibits.

subpoena duces tecum - A court order commanding a witness to bring certain documents or records to court.

RICO – Racketeer Influenced and Corrupt Organizations Act. RICO provides for criminal and civil penalties for persons who engage in a pattern of racketeering activity or collection of an unlawful debt that has a special relationship to an enterprise affecting interstate commerce.

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