Glossary — Common Legal Terms

Understanding legal terms can make it easier to follow a case or prepare for court. This glossary explains words and phrases commonly used in the justice system in plain language. It provides general information, not legal advice. The meaning of a term can depend on how it is used, so if you have questions about how it applies to your case, speak with your attorney directly.

• Acquittal - The finding of not guilty.
• Alford Plea - a special type of guilty plea where a criminal defendant maintains their innocence while conceding that the prosecution has enough evidence to convince a judge or jury to find them guilty.
• Appeal - The act of seeking a higher court’s review of a lower court’s decision.
• Arraignment - A hearing before a judge during which the judge reads the charges to the defendant and the defendant pleads guilty or not guilty.
• Arrest - The taking of a person into custody by an officer of the law.
• Bail vs Bond - 
  • Bail: The total cash amount ordered by the court, paid directly out of pocket. 
  • Bond (Bail Bond): A surety agreement backed by a third-party agent when the full cash bail cannot be afforded. Allows a defendant’s release from custody and to guarantee his or her appearance at future hearings.
• Bailiff - The individual in the courtroom who helps the judge manage the evidence and maintain order in the courtroom.
• Beyond a reasonable doubt - A standard of proof required to convict a person of a crime. The jury has a high degree of certainty about the defendant’s guilt, although they need not be 100 percent convinced.
• Burden of proof - A party’s duty to prove a disputed fact.
• Certification - A decision made by a judge to try a juvenile in adult court.
• Charge - The process of accusing the defendant of a crime.
• Circumstantial evidence - Facts or testimony not based on actual personal knowledge or observation, by which other non-substantiated facts can be reasonably inferred.
• Civil lawsuit - A lawsuit brought by individuals, companies or agencies against other individuals, companies or agencies to obtain relief for injuries suffered, monetary loss, physical injury, etc.
• Closing argument - A speech to the jury by the prosecutor and then the defense to try to convince the jurors how the evidence proves his or her side of the case.
• Complaint - A legal written document by a person bringing a civil lawsuit stating his or her claims against the defendant. Also, the written document charging an alleged criminal defendant.
• Decree - A final judgment or determination of a court.
• Default - A default in an action occurs when a defendant fails to appear at the trial allowing the plaintiff to win.
• Defendant - Person who is sued in a civil case or accused in a criminal case.
• Domestic Abuse No Contact Order (DANCO) - is a criminal court order used in Minnesota that bans a defendant from contacting an alleged victim while a domestic-related criminal case is pending or as part of a post-conviction probation condition.
• Due process - The notion, grounded in the Fifth and Fourteenth amendments to the U. S. Constitution, of rights in most court and administrative proceedings to receive sufficient notice of the proceeding, to be allowed to defend oneself in an orderly proceeding adapted to the nature of the case, and that every person have the protection of a day in court and the benefit of general law.
• Equal protection - This refers to the notion, grounded in the U. S. Constitution, that no person or class of persons be denied the same protection of the laws which is enjoyed by other persons or other classes in like circumstances in their lives, liberty, property and in their pursuit of happiness.
• Felony - The most serious category of criminal offenses, with penalties of imprisonment ranging from a year and a day to life, or in some states, punishable by death. In Minnesota, a felony is a crime punishable by imprisonment of more than one year, with or without a fine.
• Finding - The determination of fact by a judge.
• Fine - The monetary penalty assessed against a defendant.
• Grand jury - In Minnesota, a panel of twenty-three citizens who hear evidence against a person accused of a crime and determine whether that person should stand trial. A grand jury can also investigate various aspects of government at its own initiative, particularly charges of corruption or mismanagement.
• Gross misdemeanor - In Minnesota, a crime with penalties of imprisonment from 91 days to one year or a fine of not more than $3,000 or both.
• Harassment Restraining Order (HRO) - A civil court order in Minnesota designed to protect you from harassment, stalking, or repeated unwanted behavior that causes fear, intimidation, or distress.You do not need to have a domestic or familial relationship with the person to file an HRO.
• Homicide - The killing of one human by another, first-degree is the most serious, involves premeditation.
• Immunity - Freedom from or protection against penalty. For example, an accused person may agree to give testimony in return for immunity from the prosecution.
• Imprisonment - The placement of an individual in a jail or prison.
• Indictment - A written accusation charging that a person has committed a crime.
• Injunction - An order by the court issued to prohibit certain future conduct.
• Intake - The step in juvenile process during which a decision is made either to detain the juvenile at a detention center or to release to the parents.
• Irrelevant facts - Evidence that does not tend to prove or disprove any issue of fact involved in a case.
• Judgment - The official decision of the court.
• Jury - A group of citizens that decides the outcome of a civil case, or decides whether the defendant is guilty or not guilty in a criminal case. In a felony case, the jury will consist of 12 persons. In a misdemeanor or civil case, the jury consists of 6 persons. In a criminal case, the jury must reach a unanimous verdict.
• Leading question - A question that instructs the witness how to answer, puts words into the witness’s mouth or suggests the desired answer.
• Minnesota Sentencing Guidelines - are a structured set of rules and standards that determine the presumptive sentence for felony-level offenses. The grid system has two axis’ with one being the Offense Severity where every felony crime is ranked on a severity level scale, typically from 1 to 11, based on how serious the crime is. The other axis being Criminal History Score. The grid intersection of the offense severity level and the criminal history score points to a specific presumptive sentence. This tells the judge whether the offender should face a presumptive prison commitment (executed sentence) or probation (stayed sentence), along with a recommended sentence length.
• Miranda warning - After arrest and before questioning, arrested persons must be warned that: 1) they have the right to remain silent; 2) any statement they make may be used as evidence against them; 3) they have a right to the presence of an attorney; and 4) if they cannot afford an attorney, one will be appointed for them prior to any questioning if they so desire.
• Norgaard Plea - A Norgaard plea is a special type of guilty plea used in Minnesota when a defendant cannot remember the details of a crime because of intoxication or amnesia but still wants to accept a plea bargain. No claim of innocence: Unlike an Alford plea, the defendant does not claim they are innocent.
• Order for Protection (OFP) – A civil court order in Minnesota that prohibits contact when circumstances involve family or household members, including spouses, parents, children, and people who share a home or have a child in common.
• Parole - To release a convict from prison before his or her term is complete. Release is often conditional on good behavior.
• Perjure - To knowingly and willfully give false testimony under oath.
• Petitioner - A person who starts a lawsuit; the party seeking to be paid for an injury or because his or her rights have been violated.
• Plea Agreement - is a negotiated deal between a criminal defendant and a prosecutor where the defendant agrees to plead guilty or no contest in exchange for a lighter sentence, reduced charges, or the dismissal of other counts.
• Preponderance of the evidence - The standard of proof that requires the majority of the evidence to prove the case.
• Pre-sentence investigation - The procedure after conviction during which the defendant’s criminal history is investigated.
• Pre-trial hearing - A court procedure during which the issues to be tried are narrowed and certain facts and admissions are agreed upon in order to speed up the trial.
• Probable cause - A strong belief, based on facts, that a crime has been committed, that a particular person has committed the crime and that evidence related to the crime exists.
• Probation - The process of suspending a sentence, permitting a person to remain free under the supervision of a probation officer instead of serving time in prison.
• Proof Beyond a Reasonable Doubt - is the highest legal standard of proof required to convict a defendant in a criminal case.It does not require 100% proof or the complete removal of every imaginable or imaginary doubt.
• Prosecutor - A public officer who conducts criminal proceedings on behalf of the state.
• Public Defender - An attorney paid by the county, state, or federal government who is responsible for providing representation to indigent defendants in criminal prosecutions when the courts determine the defendant cannot afford to hire a private attorney.
• Rehabilitate - To permanently change behavior.
• Relevant - Directly related to the issue as it tends either to prove or disprove the point.
• Respondent - Person who answers a petition (lawsuit).
• Restitution - The sentence often used instead of a fine or imprisonment, designed to restore the victim to his or her condition before the crime.
• Settlement - An agreement between plaintiff and defendant in a civil case prior to trial.
• Sentence - The time to be served in a prison or jail; also includes fine, probation, restitution and community service.
• Spreigl evidence - In Minnesota, evidence of a defendant's prior uncharged crimes, wrongs, or bad acts . The prosecution cannot introduce a defendant's past bad acts simply to show they have a "bad character" or a propensity to commit crimes. This evidence is admissible if used to prove something specific, such as motive, intent, plan, identity, opportunity, or absence of mistake.
• Standard of proof - The burden of proof required in particular types of cases.
• State - The party in a criminal trial that represents the public.
• Status offense - A class of crimes that concerns the accused’s characteristics; for example - truancy only applies to minors.
• Statutory law - A law enacted by a legislature.
• Stay of Adjudication (SOA) - a legal process where a defendant pleads guilty, but the court withholds a formal finding of guilt and places the person on probation instead of handing down an immediate criminal conviction.Successful completion of the terms results in the dismissal of charges, leaving no criminal conviction on the public record.
• Stay of Imposition (SOI) - is a sentencing outcome where a court accepts a guilty plea or finding, but delays imposing a prison or jail sentence, placing the defendant on probation instead.If the defendant completes probation successfully, a felony conviction is automatically reduced to a misdemeanor on their record. If the defendant breaks probation, the court can revoke the stay and impose the original, full sentence.
• Stipulation - A written or oral agreement between attorneys or parties concerning some phase of a lawsuit.
• Subpoena - An order compelling a witness to appear and give testimony before a court.
• Substantiated facts - The facts that have been verified.
• Summons - A written notice 1) requiring the named person to appear in court on a specified day; or 2) informing the named person that a lawsuit has been started against him or her and he or she must answer.
• Suspended sentence - If certain conditions are met, a jail sentence need not be served. The sentence is then suspended.
• Unlawful detainer - A legal action between a landlord and a tenant concerning the right to occupy the premises.
• Warrant - Sanction or authorization, as an arrest warrant authorizes a police officer to take an individual into custody.