Commonly Used Terms | Legal Reasoning for CLAT PDF Download

Law relating to criminal conduct is known as Criminal Law. This includes laws that define crimes, defenses against crimes, and how law enforcement, courts, and attorneys conduct themselves during a criminal investigation.

Here is list of commonly-used legal terms in criminal law and their definitions. These terms are important and have been asked in legal knowledge. 

A

Accessory:

• A person who intentionally assists in committing a felony.
• Examples: giving advice before the crime, helping conceal evidence or the perpetrator.
• Usually not physically present during the crime.

Accomplice:

• A person who assists the principal in committing a crime.
• Typically present during the crime.
• Guilty of the same offense and receives the same sentence as the principal.

Accused:

• A person formally charged but not yet tried for a crime.

Acquittal:

• A legal judgment declaring the accused not guilty of the charged crime.

Admissible Evidence:

• Evidence deemed reliable and allowed for consideration by a trial judge or jury.

Admission:

• Confession of a charge, error, or crime; acknowledgment.

Aggravated Assault:

• Attempting or causing serious bodily injury purposely, knowingly, or recklessly.
• Includes injury caused with a deadly weapon.

Aggravated Battery:

• Unlawful use of force with serious consequences, such as the use of a dangerous weapon.

Allegation:

• A claim or statement of facts a party intends to prove.

Appeal:

• A request for a case review by a higher court.

Arraignment:

• The defendant's court appearance to enter a plea to the charges.

Assault:

• Threat to inflict injury with apparent ability to do so.
• Intentional display of force causing fear or expectation of immediate harm.

B

Bail / Bond:

• Money or property provided as security for the accused's release before and during trial.
• Ensures the defendant will return to court when ordered.
• Bail is forfeited if the defendant fails to appear.

Bench Trial:

• Trial without a jury where the judge determines the facts.
• Also called a court trial.

Bench Warrant:

• An order by a judge for the arrest of a person.
• Also referred to as a "capias."

Best Evidence Rule:

• Requires the original document, photograph, or recording as evidence at trial.
• Copies are only admissible if the original is unavailable.

Beyond a Reasonable Doubt:

• The prosecution's burden of proof in a criminal trial.
• The jury must be convinced of the defendant's guilt beyond reasonable doubt to return a guilty verdict.

Booking:

• The process of recording details of a person’s arrest, including identity and reasons for arrest, in police records.

Brief:

• A written argument by legal counsel summarizing case facts, relevant laws, and legal arguments.
• Also called a memorandum of law.

C

Cause of Action:

• One or more related charges combined against a defendant for alleged wrongs.

Change of Venue:

• Relocation of a trial to avoid prejudice against one of the parties.

Charge:

• A formal accusation or indictment by the prosecutor that a person has committed a specific crime (also known as pressing charges).

Circumstantial Evidence:

• Evidence other than eyewitness testimony, such as physical evidence like fingerprints, from which inferences can be drawn.

Coercion:

• Use of physical force or threats to compel someone to act against their will.

Concurrent Sentence:

• Sentences for different offenses that are served simultaneously.

Consecutive Sentence:

• Sentences that are served one after another.

Corroborating Evidence:

• Additional evidence that supports or confirms initial evidence.

Criminal Summons:

• An order requiring an accused person to appear in court.

Cross-Examination:

• Questioning a witness presented by the opposing side.

Custody:

• Lawful detention of a person to ensure their appearance in court or for imprisonment following conviction.

D

Declaration under Penalty of Perjury:

• A signed statement sworn to be true, where the signer can be charged with perjury if it is materially false.

Deferred Sentence:

• Delay or postponement of a sentence to a later date.

Disclosure:

• Revealing a previously hidden fact.

Discovery:

• Pre-trial process to obtain facts and information from the opposing party to prepare for trial.

Dismissal:

• Termination of formal charges.

Due Process of Law:

• Legal procedures ensuring the protection of an individual’s constitutional rights.

E

Embezzlement:

• Fraudulent use or appropriation of property or money entrusted to someone by another.

Exhibit:

• A document or item introduced as evidence during a trial or hearing.

Expunge:

• Intentional destruction, obliteration, or removal of records or information from files, computers, or other depositories.

Eye Witness:

• A person who directly observes a crime taking place.

F

False Arrest:

• Unlawful physical restraint of someone’s personal liberty, regardless of whether carried out by a peace officer.

False Imprisonment:

• Intentional restraint of another person without legal authority.
• Does not require physical force; threats or apparent authority are sufficient.
• Classified as a misdemeanor and a tort; may escalate to kidnapping if prolonged or involving significant movement.

Finding:

• A formal conclusion by a judge, jury, or regulatory agency on issues of fact.

First Appearance:

• A hearing within 24 hours of arrest if the accused has not been released.
• The judge informs the accused of charges, reviews probable cause, discusses attorney arrangements, and considers release conditions.

Felony:

• A serious criminal offense punishable by imprisonment or death.
• More severe than misdemeanors, examples include murder, extortion, and kidnapping.
• Classified as 1st degree, 2nd degree, 3rd degree, or capital felonies.

Forensic Studies:

• Methods used to examine evidence such as firearms, documents, polygraph results, DNA, and medical information.
• Includes analysis by handwriting experts and other specialists who testify to their findings in court.

G

Grand Jury:

• A group authorized to investigate and accuse but not try cases.
• Reviews evidence to determine if sufficient grounds exist to bring an individual to trial.

H

Hearing:

• A legal proceeding before a judge or administrative body (not a trial).
• Evidence and arguments are presented to resolve a disputed factual or legal issue.

Homicide:

• The killing of one human being by another, encompassing both criminal and non-criminal cases.
• Non-criminal: Includes deaths from war, lawful execution, or self-defense.
• Criminal: Includes intentional, reckless, or negligent killings, such as murder and manslaughter.

House Arrest:

• Confinement by authorities to one’s residence.
• A lenient alternative to prison or juvenile detention.

Hung Jury:

• A jury unable to reach a unanimous decision on guilt or innocence.

I

Immunity:

• A court-granted assurance that someone will not face prosecution in exchange for providing criminal evidence.

Impeach:

• Introducing evidence to contradict a witness's testimony or question their credibility.

Inadmissible:

• Evidence that cannot be accepted under the rules of evidence.

Incarceration:

• Confinement to a jail or prison.

Indictment:

• A formal accusation by a grand jury, filed in court, alleging a specific crime.

Interrogation:

• Questioning of a suspect by police.
• Suspects are not obligated to answer, and silence cannot typically be used against them.
• Questioning must cease if a lawyer is requested.

J

Jail:

• Facilities managed by sheriffs or local governments to hold individuals awaiting trial or serving short sentences (364 days or less).

Judgment / Sentence:

• The official document detailing a judge’s decision and the defendant’s sentence.

Jury Nullification:

• A jury acquitting a defendant contrary to the judge’s instructions or factual findings.
• Often occurs due to sympathy for the defendant or disagreement with the law.

L

Leniency:

• Recommendation for a sentence less than the maximum permitted.

M

Material Evidence:

• Evidence relevant to the issues in a case.

Miranda Warning / Miranda Rights:

• Rights explained to suspects before questioning to ensure fair treatment:
  1. Right to remain silent.
  2. Anything said can be used in court.
  3. Right to stop answering questions at any time.
  4. Right to consult and have an attorney present.
  5. If unable to afford an attorney, one will be provided.

Misdemeanor:

• A less serious crime than a felony, punishable by jail time.
• Examples: petty theft, first-time drunk driving, leaving an accident scene.

Mistrial:

• An invalid trial due to procedural errors, misconduct, or a hung jury.
• May result in a retrial at a future date.

Motion:

• A request made to a court or judge for a ruling or order in favor of the applicant.

N

No Contest:

• A defendant neither admits nor denies the charges, allowing them to stand as is.

Nolle Prosse / Nolle Prosequi:

• Dismissal of an indictment or charges by the prosecutor or court.
• Indicates no trial occurred, regardless of trial outcomes other than guilt adjudication.

Notice of Appearance:

• A document filed by an attorney to inform the court and parties that they represent the defendant.

No Probable Cause:

• Insufficient grounds to justify holding an arrested person.

O

Objection:

• A party’s formal exception to a statement or procedure in court.
• The judge either sustains (allows) or overrules the objection.

Own Recognizance (OR) / Personal Recognizance:

• Allows defendants in less serious cases to be released without bail by promising to appear in court.
• Suitable for those with strong community ties and no history of court absences.

P

Parole:

• Controlled release of a prisoner after serving part of their sentence.

Plea:

• The defendant’s formal answer in court to charges (e.g., guilty, not guilty).

Plea Bargain / Negotiations:

• Agreement between defense and prosecution for case resolution, requiring court approval.

Pre-Trial Intervention (PTI):

• Supervised programs offering counseling, education, and treatment for eligible offenders before trial.
• Requires consent from the defendant, victim, state attorney, and judge.

Prison:

• Facilities operated by state or federal authorities for individuals convicted of crimes.

Probation:

• An alternative to imprisonment where the guilty party remains in the community under supervision.
• Violations may result in imprisonment.

Prosecutor:

• Government trial lawyer in criminal cases, responsible for deciding when and whom to prosecute.

Public Defender:

• A court-appointed attorney for defendants unable to afford private counsel.

R

Rules of Evidence:

• Standards determining the admissibility of evidence in legal cases.

S

Search Warrant:

• A judge-signed order authorizing police to search private property for specific items.
• Evidence from unauthorized searches may be inadmissible in court.

Self-Incrimination:

• Statements exposing oneself to potential prosecution.
• The Fifth Amendment protects against compelled self-incrimination.

Sentence:

• The punishment ordered by the court for a convicted defendant.

Standard of Proof:

• The level to which a claim must be proven.
• Civil cases require a “preponderance of evidence” or “clear and convincing evidence.”

Subpoena:

• A legal order commanding a witness to testify.

Suppress:

• To exclude evidence from a trial because it is improper or improperly obtained.

T

Trial:

• A judge oversees courtroom proceedings and rules on questions of law.
• A jury (six or twelve members, depending on the case type) hears evidence and unanimously decides guilt or innocence.

Testimony:

• Evidence provided by a witness under oath.
• Does not include evidence from documents or physical items.

Trafficking:

• Involves knowingly selling, purchasing, manufacturing, delivering, or possessing illegal drugs (e.g., cannabis, cocaine, heroin, methamphetamine).

V

Voir Dire:

• The process of selecting a petit jury through questioning by judges and lawyers.
• Ensures jurors are impartial and will decide the case based solely on presented evidence.

W

Witness:

• A person who sees, hears, or observes something firsthand.
• Testifies about their observations in court.

Writ:

• A judicial order commanding someone to perform a specific action.