术语	定义
calendar	List of cases scheduled for hearing in court.
calling the docket	Public calling of the docket or list of causes at commencement of a court term.
capital crime	Crime punishable by death.
caption1	Heading on legal document listing parties, court, case number and related information.
caselaw	Collection of reported cases that form the body of law within a jurisdiction2. Also known as jurisprudence.
caseload	Total number of cases filed in a given court or before a given judicial3 officer for a given period of time.
causa mortis gift (KAH zuh MOR tis)	Gift made in expectation of donor4's death and upon condition that donor die as anticipated.
cause	Lawsuit5, litigation or action. Any question, civil or criminal, litigated or contested before a court of justice.
cause of action	Facts that give rise to a lawsuit.
caveat6 (KA vee OTT)	Warning; note of caution.
cease and desist order	Order of an administrative7 agency or court prohibiting a person or business from continuing a particular course of conduct.
certiorari (SIR she oh RARE ee)	Writ8 issued by appellate court directing lower court to deliver record of case for review. Often referred to as "granting cert."
challenge	Objection, such as when attorney objects at voir dire9 hearing to seating of a particular person on a jury. May be challenge for cause or peremptory10 challenge. See also challenge to the array.
challenge to the array	Questioning the qualifications of an entire jury panel, usually on grounds of some legal fault in composition of the panel, e.g., racial discrimination.
challenge for cause	Objection to seating of a particular juror for a stated reason, usually bias11 or prejudice for or against one party in the lawsuit. Judge has discretion12 to deny challenge. Also known as challenge to the poll. Compare peremptory challenge.
change of venire (veh NI ree; popularly pronounced veh NEER)	Bringing in a jury from another county to hear a trial, usually because of concerns that pretrial publicity13 has made empaneling an impartial14 jury difficult. Compare change of venue15.
change of venue	Moving a lawsuit to another place for trial, usually because pretrial publicity has made empaneling an impartial jury difficult. Compare change of venire.
character evidence	Testimony16 of witnesses who know the general character and reputation of a person in the community in which that person lives. May be considered by jury as either substantive17 evidence as to the likelihood of the defendant18 to commit crime or as corroborating19 evidence of the credibility of a witness's testimony.
charge	A formal complaint issued accusing an individual of a crime. Compare indictment20 and information. Also, the judge's instruction to the jury concerning law which applies to the facts of a case. Also called instruction. Compare binding21 instruction and directed verdict.
circuit court	Court whose jurisdiction extends over several counties or districts and which holds sessions in all of those areas. Pennsylvania's appellate courts are circuit courts, holding sessions in various locations throughout the Commonwealth22.
circumstantial evidence	Evidence which suggests something by implication, from which an inference can be drawn23, e.g., physical evidence, such as fingerprints24. Also called indirect evidence. Compare direct evidence.
citation25	Reference to source of legal authority. Also, writ issued by a court commanding a person to appear at a specified26 place and time and do something specified or to give just cause why he/she should not. Also, direction to appear in court, as when a driver receives a citation for a moving or parking violation27.
civil actions	Noncriminal cases in which one private party sues another for redress28 of private or civil rights.
civil procedure	Entire process by which a civil case is tried.
class action	Lawsuit brought by one or more persons on behalf of a larger group.
clear and convincing evidence	Evidence indicating that which is to be proven is highly probable or reasonably certain. Greater than preponderance of evidence, which is generally the standard applied29 in civil trials, but less than the evidence beyond a reasonable doubt required in criminal trials.
clemency30 (also called executive clemency)	Act of grace or mercy by president or governor to ease consequences of criminal act, accusation31 or conviction. May take form of commutation or pardon.
clerk of court	Officer appointed by court or elected to oversee32 administrative, nonjudicial activities of the court.
closing argument	In a trial, closing statements by counsel to the judge or jury after evidence has been presented.
code	Complete, systematic33 collection of laws.
codicil34 (KOD ih sill)	Addition to a will.
cognovit actionem (KOG NO vit ACK she OH nem)	"He has confessed the action." Written confession35 by defendant of plaintiff's claim. Usually upon condition. Authorizes36 plaintiff's attorney to sign judgment37 and issue execution.
cognovit judgment	See confession of judgment.
collateral38	Property pledged as security for satisfaction of a debt. See secured debt.
commit	To send a person to prison, asylum39 or reformatory pursuant to court order.
common law	Law arising from tradition and judicial decisions, rather than from laws passed by the legislature. Originated in England and has been followed as law in most American jurisdictions40. Compare statute41 and equity42.
Common Pleas Court	See Court of Common Pleas.
community service	Sentencing option whereby offender43 performs volunteer work for government, non-profit or community-based organizations.
commutation	Form of clemency reducing one's sentence, as from death to life imprisonment45.
comparative negligence46	Legal doctrine47 by which negligence of plaintiff determines amount plaintiff may recover from defendant. Compare contributory negligence.
complainant	See plaintiff.
complaint	Legal document that usually begins a civil lawsuit. States facts and identifies action court is asked to take.
conciliation48	Form of alternative dispute resolution in which parties bring their dispute to a neutral third party, who helps reach a solution. Nonbinding. Similar to mediation49, but may be less formal.
concur50	To agree, act together or consent. Compare concurring51 opinion under opinion.
concurrent52 sentence	Two or more sentences served at same time rather than one after another. Three five-year terms served concurrently53 add up to no more than five years in prison. See also consecutive54 sentence.
condemnation55	Legal process by which government invokes56 its powers of eminent57 domain58 and takes privately59 owned property for public use, paying owners just compensation. Also, act of judicially60 pronouncing someone guilty. Usually called conviction.
confession of judgment	Act of a debtor61 in permitting judgment to be entered against him/her by a creditor62. Also known as cognovit judgment.
consecutive sentences	Successive sentences, one beginning at the expiration63 of another. Three five-year terms served consecutively64 impose a 15-year sentence. Also called cumulative65 sentence. See also concurrent sentence.
consent decree	Disposition66 in juvenile67 court in which proceedings69 are suspended and child is continued under supervision70 in his/her own home under terms and conditions negotiated with probation71 services and agreed to by all parties concerned. Also, a court decree to which all parties agree.
consent judgment	See judgment.
conservatorship	See guardianship72.
consideration	Inducement for which a party enters into a contract.
conspiracy73	Two or more people joining together for the purpose of committing an unlawful act.
contempt of court	Willful disobedience of judge's command or official court order.
continuance	Postponement74 of legal proceeding68 to a later date.
contract	Legally enforceable agreement between two or more competent parties made either orally or in writing.
contributory negligence	Legal doctrine that says if plaintiff in a civil action for negligence was also negligent75, he/she cannot recover damages from defendant for defendant's negligence. Most jurisdictions have abandoned this doctrine in favor of comparative negligence.
conviction	Act of judicially declaring a criminal defendant guilty. Also called condemnation.
copyright	Right to literary property, giving authors, composers and other creators sole control over how that property is used.
corpus delicti (COR pus di LICK tye)	Material substance (body) upon which a crime has been committed, i.e., the physical evidence a crime has been committed, e.g., the body of a homicide victim or broken windows in a vandalized building.
corroborating evidence	Supplementary76 evidence that strengthens or confirms initial evidence.
count	Each offense77 listed in a complaint, information or indictment.
counterclaim	Claim made by defendant against plaintiff in a civil lawsuit, especially in opposition78 to the plaintiff's claim.
court administrator79	Officer appointed or elected to oversee administrative, nonjudicial activities of the court.
court costs	Fees and charges charged legally by the court for expenses of the litigation, e.g., filing fees, jury fees, reporter fees. Also, an amount of money that may be awarded to the successful party, recoverable from the losing party, as reimbursement80 for the cost of the litigation.
Court of Common Pleas	Intermediate original court in some states, including Pennsylvania, that usually has civil and criminal jurisdiction. In Pennsylvania Common Pleas Courts also hear appeals from certain state and most local government agencies and from the minor81 courts. May also be referred to as trial courts or county courts.
court of record	Courts whose proceedings are permanently82 recorded and which have power to fine or imprison44 for contempt.
court reporter	Person who records and transcribes83 verbatim reports of all proceedings in court. Also called a stenographer84.
crime	Type of behavior defined by law as deserving punishment, including imprisonment or fine or both, upon conviction. Crimes are classified as either misdemeanors or felonies.
Crimes Code	Short title for Title 18 of Purdon's Pennsylvania Statutes85, "Crimes and Offenses86."
criminal history record information	Information collected by criminal justice agencies on individuals with arrest records. Consists of descriptions and notations87 of arrests, detentions88, indictments89 or other formal criminal charges, dispositions90, sentencing, correctional supervision and release. Also referred to as a prior record or rap sheet.
criminal insanity91	Mental condition which renders a person unable to determine right from wrong. Defendants92 criminally insane cannot be convicted as criminal conduct involves conscious intent to do wrong.
criminal summons	Order commanding accused to appear in court. May be issued in lieu of arrest warrant for misdemeanors when issuing official believes accused will appear in court without being placed under bail93.
cross-claim	Claim by codefendants or coplaintiffs against each other.
cross-examination	Questioning of witness by opponent in a trial.
cumulative sentence	See consecutive sentence

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