Municipal Court - Definition
of Terms
The following definitions of terms has been provided to assist
those persons subject to court proceedings.
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Terms
A
ACQUITTAL - THE LEGAL
AND FORMAL CERTIFICATION OF THE INNOCENCE OF A PERSON WHO HAS BEEN
CHARGED WITH A CRIME; SETTING FREE A PERSON FROM A CHARGE OF GUILTY.
ADMONISH - TO CAUTION OR ADVISE.
AFFIANT - THE PERSON THAT SWEARS TO AN
AFFIDAVIT OR STATEMENT.
AFFIDAVIT - A WRITTEN OR PRINTED
DECLARATION OR STATEMENT OF FACTS, MADE VOLUNTARILY, AND CONFIRMED BY
THE OATH OR AFFIRMATION OF THE PARTY MAKING IT, TAKEN BEFORE AN
OFFICER HAVING THE AUTHORITY TO ADMINISTER SUCH OATH.
AFFINITY - THE RELATION WHICH ONE'S
SPOUSE, BECAUSE OF MARRIAGE, HAS TO BLOOD RELATIVES OF THE OTHER.
ALIBI - A DEFENSE IN WHICH THE DEFENDANT
AT THE TIME OF THE COMMISSION OF THE OFFENSE CHARGED WAS AT A
DIFFERENT PLACE SO REMOTE OR DISTANT OR UNDER SUCH CIRCUMSTANCES THAT
HE COULD NOT HAVE COMMITTED THE CRIME ALLEGED IN THE COMPLAINT.
APPEAL BOND - THE BOND GIVEN ON TAKING
APPEAL; THE BOND POSTED BY THE PERSON MAKING THE APPEAL TO ASSURE HIS
APPEARANCE IN THE APPEAL COURT.
ARGUMENT - THAT PORTION OF THE TRIAL AFTER
ALL EVIDENCE HAS BEEN PRESENTED IN WHICH THE PROSECUTION AND DEFENSE
ATTEMPT TO ESTABLISH BELIEF BY A COURSE OF REASONING.
ARGUMENTATIVE - A QUESTION THAT ASKS FOR
THE WITNESS'S AGREEMENT TO THE QUESTIONER'S INFERENCES FROM AN
INTERPRETATION OF FACTS PROVED OR ASSUMED.
ARRAIGNMENT - THE BRINGING BEFORE THE
COURT OF A DEFENDANT IN ORDER TO IDENTIFY HIM BY CALLING UPON HIM BY
NAME, READING TO HIM THE COMPLAINT, REQUIRING HIM TO ENTER A PLEA.
ARRAY - THE WHOLE BODY OF JURORS SUMMONED
TO ATTEND A COURT AS THEY ARE ARRAYED OR ARRANGED ON THE PANEL.
ARREST - TO TAKE A PERSON INTO CUSTODY FOR
THE PURPOSE OF HAVING HIM ANSWER TO A CRIMINAL CHARGE OR COMPLAINT.
ARREST WARRANT - A WRITTEN ORDER FROM A
MAGISTRATE DIRECTING A PEACE OFFICER OR SOME OTHER PERSON SPECIALLY
NAMED, COMMANDING HIM TO TAKE THE BODY OF THE PERSON ACCUSED OF AN
OFFENSE TO BE DEALT WITH ACCORDING TO LAW.
ATTACHMENT - A WRIT ISSUED BY THE JUDGE OR
COURT CLERK UNDER SEAL IN A CRIMINAL CASE COMMANDING A PEACE OFFICER
TO TAKE THE BODY OF A WITNESS AND BRING HIM BEFORE THE COURT TO
TESTIFY IN BEHALF OF THE DEFENSE OR PROSECUTION.
B
BAIL - THE SECURITY GIVEN
BY THE DEFENDANT THAT HE WILL APPEAR AND ANSWER BEFORE THE COURT THE
CHARGE BROUGHT AGAINST HIM.
BAIL BOND - SURETY BOND; A WRITTEN
UNDERTAKING ENTERED INTO BY THE DEFENDANT AND HIS SURETIES WHICH
ASSURES THE APPEARANCE OF THE DEFENDANT BEFORE THE COURT TO ANSWER A
CRIMINAL CHARGE.
BAILIFF - AN OFFICER OF THE COURT WHOSE
PRIMARY DUTY IS TO PRESERVE ORDER AND DECORUM WHILE THE COURT IS IN
SESSION. A POLICE OFFICER OR CITY MARSHALL MAY SERVE AS BAILIFF IN
MANY OF THE SMALLER MUNICIPAL COURTS.
BEST EVIDENCE - PRIMARY EVIDENCE OR
ORIGINAL EVIDENCE; THAT KIND OF EVIDENCE WHICH UNDER EVERY POSSIBLE
CIRCUMSTANCE AFFORDS THE GREATEST CERTAINTY OF THE FACTS IN QUESTION.
THE BEST EVIDENCE OF A FACT IS THE TESTIMONY OF A PERSON WHO KNOWS. IN
THE CASE OF A WRITTEN DOCUMENT, THE ORIGINAL WRITTEN DOCUMENT IS THE
BEST EVIDENCE OF ITS EXISTENCE AND CONTENTS.
BOND - THE SECURITY GIVEN BY THE DEFENDANT
THAT HE WILL APPEAR IN COURT TO ANSWER THE CHARGES AGAINST HIM.
BOND FORFEITURE - A SUIT INITIATED IN THE
NAME OF THE STATE, TO RECOVER FROM THE DEFENDANT OR HIS SURETIES A
BOND DUE TO THE VIOLATION OF THE CONDITIONS OF SUCH BOND. A BOND MAY
BE FORFEITED WHEN A DEFENDANT FAILS TO APPEAR IN COURT AT THE TIME
STATED IN THE BOND.
C
CAPIAS - (KAY’-P-US)
LATIN; MEANING, “THAT YOU TAKE THE BODY.” ORDERING A PEACE OFFICER TO
TAKE A PERSON ACCUSED OF A CRIME INTO CUSTODY SO THAT HE MAY BE DEALT
WITH ACCORD I NG TO LAW.
CAPIAS PRO FINE – LATIN; MEANING, “THAT
YOU TAKE THE BODY FOR THE FINE.” A WRIT ISSUED TO A PEACE OFFICER
REQUIRING HIM TO PLACE THE DEFENDANT IN CUSTODY UNTIL SUCH TIME AS THE
DEFENDANT PAYS THE FINE AND COURT COSTS OWED THE STATE OR HE SERVES
OUT HIS FINE AT THE RATE OF $50 PER DAY.
CAPITAL CASE - A CASE IN WHICH THE DEATH
PENALTY MAY BE GIVEN.
CASE-IN-CHIEF - THAT PORTION OF A TRIAL IN
WHICH EITHER SIDE PRESENTS ITS WITNESSES FOR DIRECT EXAMINATION AS
OPPOSED TO THE REBUTTAL OR ARGUMENT PHASE OF A TRIAL.
CASH BOND - A TYPE OF APPEARANCE BOND IN
WHICH THE DEFENDANT DEPOSITS MONEY WITH THE COURT FOR HIS APPEARANCE
INSTEAD OF HAVING SURETIES SIGN HIS BOND.
CAUSE - CASE OR CHARGE.
CHANGE OF VENUE - THE TRANSFER OF A CASE
FROM ONE LOCALE TO ANOTHER IN ORDER TO OBTAIN A FAIR AND IMPARTIAL
TRIAL. THERE IS NO PROVISION UNDER TEXAS LAW FOR CHANGE OF VENUE AT
THE MUNICIPAL COURT LEVEL.
CHARGE TO THE JURY - INSTRUCTIONS GIVEN TO
A JURY AS TO THE APPLICABLE LAW IN A CASE.
CIRCUMSTANTIAL EVIDENCE - PROOF OF MINOR
FACTS WHICH INDIRECTLY, LOGICALLY, AND RATIONALLY ESTABLISH THE
ULTIMATE FACT TO BE PROVED. FOR EXAMPLE, “A” IS CHARGED WITH
ASSAULTING “B”. NO ONE SAW “A” STRIKE “B”, BUT “C” TESTIFIES THAT HE
SAW “A” RUN FROM THE SCENE OF THE ASSAULT. TESTIMONY OF “C” IS
CIRCUMSTANTIAL EVIDENCE OF “A's” PROBABLE GUILT.
CITATION - AN ORDER TO APPEAR IN COURT
ISSUED TO A DEFENDANT BY A POLICE OFFICER OR OTHER AUTHORIZED
OFFICIAL. A CITATION CAN ONLY BE LEGALLY ENFORCED BY A WARRANT.
COMMON LAW - THAT BODY OF LAW WHICH HAS
BEEN DEVELOPED BY INTERPRETATION AND USAGE OVER A PERIOD OF TIME.
COMPLAINANT - THE PERSON THAT SWEARS TO AN
AFFIDAVIT OR STATEMENT.
COMPLAINT - AN AFFIDAVIT OR SWORN
STATEMENT MADE BEFORE THE COURT WHICH CHARGES THE COMMISSION OF AN
OFFENSE WITHIN THE JURISDICTION OF THE COURT.
CONSANGUINITY - RELATIONSHIP THROUGH
BLOOD; THE CONNECTION OR RELATION OF PERSONS DESCENDED FROM THE SAME
STOCK OR ANCESTRY.
CONSTRUCTIVE CONTEMPT - A FORM OF CONTEMPT
OF COURT IN WHICH THE COURT HAS NOT SEEN THE OFFENSE CHARGED, AND THE
TRUTH OF THE MATTER MUST BE DETERMINED. IN SUCH A CASE, NOTICE AND
HEARING ARE REQUIRED SO THAT THE ACCUSED MAY EXPLAIN OR DENY THE
ACCUSATIONS AGAINST HIM. IT IS TO BE DISTINGUISHED FROM DIRECT
CONTEMPT.
CONTEMPT OF COURT - ANY CONDUCT THAT TENDS
TO BRING THE AUTHOR TY AND ADMINISTRATION OF THE LAW INTO DISRESPECT
OR DISREGARD, THAT INTERFERES WITH OR PREJUDICES PARTIES TO
LITIGATION, OR THAT OBSTRUCTS, IMPEDES, OR EMBARRASSES THE COURT IN
THE DISCHARGE OF ITS DUTIES.
CONTINUANCE - THE ADJOURNMENT OR
POSTPONEMENT OF AN ACTION PENDING IN COURT TO A LATER DATE
CORPUS DELICTI - PROOF THAT THE CRIME
CHARGED HAS BEEN COMMITTED BY SOMEONE, THE BODY OF THE CRIME OR WHEN
APPLIED TO ANY PARTICULAR OFFENSE, THE ACTUAL COMMISSION BY SOMEONE OF
A PARTICULAR OFFENSE CHARGED.
CREDIBLE PERSON - ONE WHO IS COMPETENT TO
TESTIFY AND WORTHY OF BELIEF.
CROSS-EXAMINATION - THE EXAMINATION OR
QUESTIONING OF A WITNESS BY THE OPPOSING SIDE, I.E. THE DEFENSE OR
PROSECUTION.
D
DECLARATION AGAINST INTEREST
- A STATEMENT WHICH CONFLICTS WITH THE INTERESTS OF THE DECLARANT OR
PERSON MAKING THE STATEMENT.
DECORUM - AN OBSERVANCE OF CORRECT
JUDICIAL PROCEDURE AND CUSTOM.
DEMONSTRATIVE EVIDENCE - EVIDENCE
ADDRESSED DIRECTLY TO THE SENSES WITHOUT INTERVENTION OF TESTIMONY;
PHYSICAL EVIDENCE.
DIRECT CONTEMPT - CONTEMPT OF COURT
COMMITTED IN THE PRESENCE OF THE COURT. SUCH ACTS MAY BE PUNISHED
WITHOUT THE NECESSITY OF ANY NOTICE OR HEARING. DIRECT CONTEMPT IS TO
BE DISTINGUISHED FROM CONSTRUCTIVE CONTEMPT.
DE NOVO - ANEW; AFRESH; A SECOND TIME. SEE
"TRIAL DE NOVO".
DIRECT EVIDENCE - PROOF WHICH TENDS TO
SHOW THE EXISTENCE OF A FACT IN QUESTION WITHOUT PROOF OF ANY OTHER
FACT; PROOF OF A FACT BY WITNESSES WHO SAW THE ACTION COMMITTED OR
HEARD THE WORDS SPOKEN. FOR EXAMPLE, SUPPOSE “A” IS CHARGED WITH
ASSAULTING “B” AND “C” TESTIFIES THAT HE SAW “A” STRIKE “B”. THE
TESTIMONY OF “C” IS DIRECT EVIDENCE THAT “A” DID ASSAULT “B”. DIRECT
EVIDENCE IS TO BE DISTINGUISHED FROM CIRCUMSTANTIAL EVIDENCE.
DIRECT EXAMINATION - THE FIRST
INTERROGATION OR QUESTIONING OF A WITNESS BY THE PARTY IN WHOSE BEHALF
HE IS CALLED. DIRECT EXAMINATION IS TO BE DISTINGUISHED FROM CROSS
EXAMINATION.
DIRECT TO GRAND JURY - SUBMITTING A CASE
TO A GRAND JURY WITHOUT PROVIDING THE DEFENDANT AN EXAMINING TRIAL.
DIRECTED VERDICT - IN CASES WHERE THERE IS
NOT ENOUGH EVIDENCE TO PROVE THAT THE DEFENDANT COMMITTED THE OFFENSE
CHARGED, THE JUDGE SHOULD INSTRUCT THE JURY TO RENDER A VERDICT OF
"NOT GUILTY", I .E. DIRECTED VERDICT OF NOT GUILTY.
DISJUNCTIVE PLEADING - THE STATEMENT OF
MORE THAN ONE DISTINCT OFFENSE IN A COMPLAINT.
DISMISSAL - AN ORDER OR JUDGMENT
DISPOSING OF A CASE BY SENDING IT OUT OF COURT, THOUGH NO TRIAL OF THE
ISSUE WAS HELD.
DOCTRINE OF CARVING - THE RULE THAT OUT OF
A SINGLE TRANSACTION THE STATE MAY CARVE ONLY ONE CONVICTION.
DUPLICITOUSNESS - IN THE SAME COUNT, TWO
SEPARATE OFFENSES ARE CHARGED OR TWO OR MORE PHASES OF THE SAME
OFFENSE ARE CHARGED, EACH CARRYING A DIFFERENT PUNISHMENT.
DURESS - ANY UNLAWFUL CONSTRAINT EXERCISED
UPON A PERSON WHEREBY HE IS FORCED TO DO SOME ACT THAT HE OTHERWISE
WOULD NOT HAVE DONE.
E
ELEMENTS OF PROOF - THOSE FACTORS OR
THINGS THE STATE MUST PROVE IN ITS CASE IN ORDER TO OBTAIN A
CONVICTION.
ENTRAPMENT - AN ACT OF LAW ENFORCEMENT
OFFICERS IN INDUCING A PERSON TO COMMIT A CRIME NOT CONTEMPLATED BY
HIM, FOR THE PURPOSE OF INSTITUTING A CRIMINAL PROSECUTION AGAINST
HIM
EVIDENCE - ANY TYPE OF PROOF LEGALLY
PERMITTED AT A TRIAL THROUGH WITNESSES, RECORDS, DOCUMENTS, OBJECTS,
ETC., FOR THE PURPOSE OF INDUCING BELIEF IN THE MINDS OF THE COURT OR
A JURY AS TO THE CONTENTION OF AN ISSUE.
EXAMINING TRIAL - AN EXAMINATION CONDUCTED
BY A MAGISTRATE FOR THE PURPOSE OF INQUIRING INTO A CRIMINAL
ACCUSATION AGAINST A DEFENDANT TO DETERMINE WHETHER THERE IS
SUFFICIENT EVIDENCE OF GUILT TO JUSTIFY FURTHER PROCEED AGAINST THE
ACCUSED; I. E. PROBABLE CAUSE TO BELIEVE HE COMMITTED THE OFFENSE
CHARGED.
EX OFFICIO - FROM OFFICE; BY VIRTUE OF THE
OFFICE; WITHOUT ANY OTHER APPOINTMENT THAN THAT RESULTING FROM THE
HOLDING OF A PARTICULAR OFFICE; E.G. THE MAYOR IN SOME SMALL TOWNS
SERVE AS AN EX OFFICIO JUDGE.
EXTRADITE - THE SURRENDER BY ONE STATE TO
ANOTHER OF AN INDIVIDUAL ACCUSED OR CONVICTED OF AN OFFENSE OUTSIDE
ITS OWN TERRITORIAL AND WITHIN THE TERRITORIAL JURISDICTION OF THE
OTHER WHICH BEING COMPETENT TO TRY AND PUNISH HIM DEMANDS THE
SURRENDER.
EXCUSABLE VIOLATION - AN ACT OR OMISSION
THAT IS ON ITS FACE UNLAWFUL, WRONG, OR LIABLE TO ENTAIL LOSS OR
DISADVANTAGE ON THE PERSON CHARGEABLE, BUT THAT THE CIRCUMSTANCES
ATTENDING IT WERE SUCH AS TO CONSTITUTE A LEGAL "EXCUSE" FOR IT; THAT
IS, A LEGAL REASON FOR WITHHOLDING OR FOREGOING THE PUNISHMENT,
LIABILITY, OR DISADVANTAGE WHICH OTHERWISE WOULD FOLLOW.
F
FEE SALARY SYSTEM – AN ILLEGAL MEANS OF
COMPENSATING THE JUDGE WHEREBY THE JUDGE RECEIVES A FIXED AMOUNT PER
CASE OR PERCENTAGE OF THE FINES AND/OR OTHER COURT COSTS ASSESSED
DEFENDANTS
FELONY - AN OFFENSE SO DESIGNATED BY LAW,
OR PUNISHABLE BY DEATH OR CONFINEMENT IN THE PENITENTIARY.
G
GENERAL LAW CITIES - ALL CITIES IN TEXAS
OF LESS THAN 5,000 POPULATION OR THOSE CITIES OVER 5,000 POPULATION
WHICH ARE NOT INCORPORATED UNDER A LOCAL CHARTER AND ARE GOVERNED BY
THE GENERAL LAWS OF THE STATE.
GUILTY - A PLEA BY WHICH A DEFENDANT
CONFESSES TO THE CRIME WITH WHICH HE IS CHARGED, OR A VERDICT BY WHICH
A DEFENDANT IS CONVICTED.
H
HABEAS CORPUS - A VARIETY OF WRITS USED TO
BRING A PARTY BEFORE THE COURT OR JUDGE TO DETERMINE IF HE IS BEING
UNLAWFULLY IMPRISONED.
HABITUAL TRAFFIC VIOLATOR - ANY PERSON
WITH FOUR OR MORE CONVICTIONS ARISING OUT OF DIFFERENT TRANSACTIONS IN
A CONSECUTIVE TWELVE MONTH PERIOD, OR SEVEN OR MORE CONVICTIONS
ARISING OUT OF DIFFERENT TRANSACTIONS WITHIN A TWENTY-FOUR MONTH
PERIOD, SUCH CONVICTIONS BEING FOR MOVING VIOLATIONS OF THE TRAFFIC
LAWS OF THE STATE OF TEXAS OR ANY POLITICAL SUBDIVISIONS.
HEARSAY - EVIDENCE GIVEN IN COURT BY A
WITNESS WHICH IS NOT BASED UPON PERSONAL KNOWLEDGE BUT IS MERELY A
REPETITION OF WHAT THE WITNESS HAS HEARD OTHERS SAY. WRITTEN
MATERIALS MAY ALSO BE HERESAY IF OFFERED IN THE COURT BY A WITNESS WHO
DID NOT WRITE THE INSTRUMENT TO PROVE THE TRUTH OF WHAT IT CONTAINS.
HERESAY EVIDENCE IS NOT ADMISSIBLE AND HAS NO VALUE AS PROOF.
HOME RULE CITIES - ALL CITIES OVER 5,000
POPULATION WHICH HAVE ADOPTED CITY CHARTERS GOVERNING THE ORGANIZATION
AND ADMINISTRATION OF THEIR LOCAL CITY GOVERNMENT.
I
IMPEACHMENT - THE PRESENTATION OF EVIDENCE
FOR THE PURPOSE OF CALLING INTO QUESTION THE TRUTHFULNESS OF A WITNESS
AND TO PROVE THAT A WITNESS IS WORTHY OF BELIEF.
INDIGENT - POOR; A DEFENDANT WHO IS TOO
POOR TO HIRE AN ATTORNEY TO REPRESENT HIM IN A CRIMINAL CASE.
INQUEST - AN INVESTIGATION CONDUCTED BY A
MAGISTRATE TO DETERMINE WHETHER ANYONE IS RESPONSIBLE FOR THE DEATH OF
ANOTHER.
INTERROGATORY - A FORMAL QUESTION OR
INQUIRY.
J
JUDGMENT - THE OFFICIAL AND AUTHENTIC
DECISION OF THE COURT.
JUDGE’S DOCKET - A PERMANENT RECORD KEPT
BY THE JUDGE OF THE PROCEEDINGS OF EACH CASE PROCESSED BY THE
MUNICIPAL COURT.
JUDICIAL NOTICE - THE ACT BY WHICH A COURT
CONDUCTING A TRIAL, OR FORMING ITS DECISION WILL OF ITS 0WN MOTION
WITHOUT THE PRODUCTION OF EVIDENCE, RECOGNIZE THE EXISTENCE AND TRUTH
OF CERTAIN FACTS HAVING A BEARING ON THE CASE.
JURAT - A STATEMENT ADDED TO AN AFFIDAVIT
SHOWING THE DATE, SIGNATURE, AND TITLE OF THE OFFICIAL SWEARING THE
AFFIANT; THE CERTIFICATE OF THE OFFICIAL BEFORE WHOM AN AFFIDAVIT IS
SWORN AND SUBSCRIBED AUTHENTICATING THE AFFIDAVIT BY CERTIFYING THAT
THE AFFIANT SWORE TO AND SUBSCRIBED THE AFFIDAVIT BEFORE HIM.
JURISDICTION - THE POWER OF THE COURT TO
HEAR AND DECIDE THE CASE.
JUVENILE - ANY PERSON UNDER 17 YEARS OF
AGE, MALE OR FEMALE.
L
LEADING QUESTION - A QUESTION ASKED OF A
WITNESS THAT SUGGESTS THE ANSWER TO THE WITNESS AND INDICATES THE
ANSWER THAT IS DESIRED.
M
MAGISTRATE - A JUDICIAL OFFICIAL WHOSE
DUTY IT IS TO PRESERVE THE PEACE WITHIN HIS JURISDICTION BY USE OF ALL
LAWFUL MEANS, TO ISSUE ALL PROCESS INTENDED TO AID IN PREVENTING AND
SUPRESSING CRIME, AND TO CAUSE THE ARREST OF OFFENDERS BY THE USE OF
LAWFUL MEANS IN ORDER THAT THEY MAY BE BROUGHT TO PUNISHMENT.
MAGISTRATE WARNING - A WARNING GIVEN BY A
MAGISTRATE OR PEACE OFFICER TO AN ACCUSED INFORMING HIM OF HIS LEGAL
RIGHTS.
MALLFEASANCE - THE COMMISSION OF SOME ACT
WHICH IS UNLAWFUL; THE DOING OF AN ACT WHICH IS WHOLLY WRONGFUL; THE
DOING OF AN ACT WHICH PERSON OUGHT NOT TO DO AT ALL OR THE UNJUST
PERFORMANCE OF SOME ACT.
MENS REA - A CRIMINAL INTENT; A GUILTY OR
WRONGFUL PURPOSE.
MIRANDA WARNING - A WARNING GIVEN BY A
PEACE OFFICER TO A SUSPECT OF A CRIME TO PREVENT SELF-INCRIMINATION.
THEY ARE:
-
YOU HAVE THE RIGHT TO REMAIN SILENT.
-
ANYTHING YOU SAY CAN AND WILL
BE USED AGAINST YOU IN A COURT OF LAW.
-
YOU HAVE THE RIGHT TO TALK TO A LAWYER AND HAVE
HIM PRESENT WITH YOU WHILE YOU ARE BEING QUESTIONED.
-
IF YOU CANNOT AFFORD TO HIRE A LAWYER, ONE WILL
BE APPOINTED TO REPRESENT YOU BEFORE ANY QUESTIONING, IF YOU WISH.
-
YOU CAN DECIDE AT ANY TIME TO EXERCISE THESE
RIGHTS AND NOT ANSWER ANY QUESTIONS OR MAKE ANY STATEMENTS.
MISDEMEANOR - AN OFFENSE SO DESIGNATED BY
LAW OR PUNISHABLE BY FINE, BY CONFINEMENT IN JAIL OR BOTH A FINE AND
CONFINEMENT IN JAIL. MISDEMEANOR CASES TRIABLE IN MUNICIPAL COURT ARE
LIMITED TO THOSE CASES IN WHICH PUNISHMENT IS BY FINE ONLY NOT TO
EXCEED $200.
MOTOR VEHICLE - EVERY SELF-PROPELLED
DEVICE, IN OR BY WHICH ANY PERSON OR PROPERTY IS OR MAY BE TRANSPORTED
OR DRAWN UPON A PUBLIC HIGHWAY, EXCEPT DEVICES MOVED ONLY BY HUMAN
POWER OR USED EXCLUSIVELY UPON STATIONARY RAILS OR TRACKS, AND
INCLUDES A MOTORCYCLE, A TRUCKTRACTOR, A FARM-TRACTOR, A
ROAD-TRACTOR, A PASSENGER CAR, A MOTOR-BUS, A SCHOOL BUS, A TRUCK, AND
A BUS.
MUNICIPAL COURT OF RECORD - MUNICIPAL
COURTS CREATED BY SPECIAL STATUTES IN WHICH A RECORD MAY BE MADE OF
ALL PROCEEDINGS CONDUCTED BEFORE THE COURT. APPEALS FROM MUNICIPAL
COURTS OF RECORD MUST BE BASED UPON AN ALLEGED REVERSIBLE ERROR
COMMITTED BY THE COURT RATHER THAN ON A TRIAL DE NOVO BASIS, AS IS THE
CASE IN MUNICIPAL COURTS. THE JUDGE IN COUNTY COURT, BASED ON THE
TRANSCRIPT FROM MUNICIPAL COURT OF RECORD MAY AFFIRM THE JUDGMENT OF
THE MUNICIPAL COURT OF RECORD, REVERSE AND REMAND THE CASE FOR A NEW
TRIAL, REVERSE AND DISMISS THE CASE, OR REFORM AND CORRECT THE
JUDGMENT AS THE LAW AND THE NATURE OF THE CASE MAY REQUIRE.
N
NEGLIGENCE PER SE – CONDUCT, WHETHER OF
ACTION OR OMISSION, WHICH MAY BE DECLARED AND TREATED AS NEGLIGENCE
WITHOUT ANY ARGUMENT OR PROOF AS TO THE PARTICULAR SURROUNDING
CIRCUMSTANCES EITHER BECAUSE IT IS IN VIOLATION OF A STATUTE OR
BECAUSE IT IS SO PALPABLY OPPOSED TO THE DICTATES OF COMMON PRUDENCE
THAT IT CAN BE SAID WITHOUT HESITATION OR DOUBT THAT NO CAREFUL PERSON
WOULD HAVE BEEN GUILTY OF IT.
NEW TRIAL - THE RE-HEARING OF A CRIMINAL
ACTION, AFTER VERDICT, BEFORE THE JUDGE OR ANOTHER JURY. THE EFFECT OF
A NEW TRIAL IS TO PLACE THE CASE IN THE SAME POSITION IN WHICH IT WAS
BEFORE ANY TRIAL HAD TAKEN PLACE.
NOLO CONTENDERE - A PLEA IN WHICH THE
DEFENDANT DOES NOT CONTEST THE CHARGE AGAINST HIM WHICH HAS THE SAME
LEGAL EFFECT AS THAT OF A GUILTY PLEA, HOWEVER, IT MAY NOT BE USED
AGAINST THE DEFENDANT AS AN ADMISSION OF GUILT IN ANY CIVIL SUIT BASED
UPON OR GROWING OUT OF THE ACT UPON WHICH THE CRIMINAL PROSECUTION IS
BASED.
NOT GUILTY - A PLEA IN WHICH THE DEFENDANT
DENIES GUILT, OR A VERDICT IN WHICH THE DEFENDANT IS FOUND INNOCENT.
O
OATH - ANY FORM OF AFFIRMATION BY WHICH A
PERSON SIGNIFIES THAT HE IS BOUND IN CONSCIENCE TO PERFORM AN ACT
FAITHFULLY AND TRUTHFULLY.
OPINION EVIDENCE - THAT WHICH A WITNESS
THINKS, BELIEVES, OR INFERS IN REGARD TO FACTS IN DISPUTE, AS
DISTINGUISHED FROM HIS PERSONAL KNOWLEDGE OF THE FACTS THEMSELVES.
P
PAROL EVIDENCE - ORAL OR VERBAL EVIDENCE:
THAT WHICH IS GIVEN BY WORD OF MOUTH.
PAROL EVIDENCE RULE - THAT RULE WHICH
STATES ORAL EVIDENCE IS NOT ADMISSIBLE TO CONTRADICT OR MODIFY A
WRITTEN INSTRUMENT, UNLESS SUCH WRITINGS OR AMBIGUOUS OR AFFECTED BY
ACCIDENT, FRAUD, OR MISTAKE.
PEREMPTORY CHALLENGE - AN OBJECTION MADE
TO A PARTICULAR JUROR WHICH DOES NOT REQUIRE THAT ANY CAUSE BE SHOWN
OR THAT ANY RULING BE MADE BY THE JUDGE; THE STRIKING OF A JUROR.
PERSONAL BOND - THE DEFENDANT'S WORD OR
HIS PROMISE TO APPEAR IN COURT TO ANSWER CRIMINAL CHARGES AGAINST HIM;
RECOGNIZANCE BOND.
PLEADINGS - ORAL OR WRITTEN STATEMENTS
MADE TO THE COURT PRESENTING THE CONTENTIONS OF THE DEFENSE OR THE
PROSECUTION.
PRECEPT - AN ORDER OR DIRECTION EMANATING
FROM A COURT OR OTHER AUTHORITY TO AN OFFICER OR BODY OF OFFICERS,
COMMANDING HIM OR THEM TO DO SOME ACT WITHIN THE SCOPE OF THEIR
POWERS.
PREDICATE - THAT WHICH IS SAID CONCERNING
THE SUBJECT IN A LOGICAL PROPOSITION.
PRESIDING JUDGE - THE ADMINISTRATIVE
JUDGE; THE JUDGE RESPONSIBLE FOR ASSIGNING THE PERSONNEL TO COURT AND
ALLOCATING FUNCTIONS AND WORKLOAD.
PRIMA FACIE - EVIDENCE WHICH IS SUFFICIENT
TO PROVE A PARTICULAR FACT UNLESS IT IS CONTRADICTED AND OVERCOME BY
OTHER EVIDENCE.
PRIOR VIOLATOR'S FILE - A FILE KEPT ON
EACH DRIVER CONVICTED OF A TRAFFIC OFFENSE IN MUNICIPAL COURT.
PROBABLE CAUSE - A REASONABLE GROUND OF
SUSPICION SUPPORTED BY FACTS OR CIRCUMSTANCES SUFFICIENTLY STRONG IN
THEMSELVES TO WARRANT A CAUTIOUS MAN IN THE BELIEF THAT THE ACCUSED IS
GUILTY OF THE OFFENSE WITH WHICH HE IS CHARGED.
PROOF - THE ESTABLISHMENT OF A FACT BY THE
PRESENTATION OF EVIDENCE.
PROXIMATE CAUSE - THAT WHICH, IN A NATURAL
AND CONTINUOUS SEQUENCE, UNBROKEN BY ANY EFFICIENT INTERVENING CAUSE,
PRODUCES AN INJURY AND WITHOUT WHICH THE RESULT WOULD NOT HAVE
OCCURRED. THAT WHICH IS NEAREST IN THE ORDER OF RESPONSIBLE CAUSATION.
PUBLIC PLACE - ANY PLACE TO WHICH THE
PUBLIC OR A SUBSTANTIAL GROUP OF THE PUBLIC HAS ACCESS AND INCLUDES,
BUT IS NOT LIMITED TO STREETS, HIGHWAYS, AND THE COMMON AREAS OF
SCHOOLS, HOSPITALS, APARTMENT HOUSES, OFFICE BUILDINGS, TRANSPORT
FACILITIES, AND SHOPS.
Q
QUASH - TO OVERTHROW; TO ABATE; TO VACATE;
TO ANNUL; TO MAKE VOID.
R
REBUTTAL EVIDENCE - EVIDENCE PRESENTED TO
CONTRADICT THE EVIDENCE OF THE OTHER SIDE.
RECOGNIZANCE - AN OBLIGATION OF RECORD
ENTERED INTO BEFORE SOME COURT OR MAGISTRATE DULY AUTHORIZED, WITH
CONDITION TO DO SOME PARTICULAR ACT; AS TO APPEAR IN COURT, TO KEEP
THE PEACE, ETC.
REPETITIOUS - ADDITIONAL OR CORROBORATIVE
EVIDENCE TO THE SAME POINT WHICH TENDS TO PROVE SOMETHING THAT HAS
ALREADY BEEN ESTABLISHED BY OTHER EVIDENCE.
REPUGNANCY - AN INCONSISTENCY, OPPOSITION,
OR CONTRARIETY BETWEEN TWO OR MORE ALLEGATIONS OF THE SAME PLEADING.
RES GESTAE - FACTS AND CIRCUMSTANCES WHICH
OCCUR AUTOMATICALLY OR WITHOUT DESIGN SIMULTANEOUSLY OR ALMOST
SIMULTANEOUSLY THEREBY MAKING THEM PART OF THE INCIDENT ITSELF; AN
EXCEPTION TO THE HEARSAY RULE GENERALLY USED TO ADMIT TO EVIDENCE
HEARSAY STATEMENTS MADE BY PERSONS INVOLVED IN AN INCIDENT.
RIGHT-OF-WAY - THE PRIVILEGE OF THE
IMMEDIATE USE OF THE ROADWAY.
S
SEARCH WARRANT - A WRITTEN ORDER ISSUED BY
A MAGISTRATE AND DIRECTED TO A PEACE OFFICER COMMANDING HIM TO SEARCH
FOR ANY PROPERTY OR THING AND TO SEIZE IT AND BRING IT BEFORE THE
MAGISTRATE.
SELF-INCRIMINATION - THE GIVING OF
EVIDENCE OR ANSWERING OF QUESTIONS THE TENDENCY OF WHICH WOULD SUBJECT
ONE TO CRIMINAL PROSECUTION. AS PROVIDED BY THE FIFTH AMENDMENT OF THE
U. S. CONSTITUTION, THE DEFENDANT SHALL NOT BE COMPELLED TO GIVE
EVIDENCE AGAINST HIMSELF OR TO TESTIFY BEFORE THE COURT.
SELF-SERVING DECLARATION - HEARSAY
STATEMENTS MADE BY A PARTY IN THE CASE WHICH ARE FAVORABLE TO HIM.
SEPARATION OF POWERS - THE DIVISION OF
GOVERNMENTAL AUTHORITY IN THE THREE BRANCHES OF GOVERNMENT (THE
LEGISLATIVE, THE JUDICIAL, AND THE EXECUTIVE) IN ORDER THAT NO ONE
BRANCH WILL BE ABLE TO DOMINATE THE OTHER TWO AND THEREBY IMPOSE ITS
THEORY OF JUSTICE ON AN UNCONSENTING PUBLIC; ONE OF THE THEORIES OF
CHECKS AND BALANCES.
STATUTE - A LAW ENACTED BY THE
LEGISLATURE.
STYLE OF CASE - THE TITLE OR HEADING OF
THE CASE; I. E., THE STATE OF TEXAS V. DEFENDANT.
SUBPOENA - A WRIT ISSUED TO A PROPER
OFFICER COMMANDING HIM TO SUMMON ONE OR MORE PERSONS THEREIN NAMED TO
APPEAR AT A CERTAIN TERM OF THE COURT, OR ON A CERTAIN DAY, TO TESTIFY
IN A CRIMINAL ACTION BEFORE AN EXAMINING TRIAL, INQUEST, OR ANY OTHER
CASE IN WHICH THE TESTIMONY OF THE WITNESS MAY BE REQUIRED UNDER
PROVISIONS OF THE CODE OF CRIMINAL PROCEDURE.
SUBPOENA DUCES TECUM - A SUBPOENA THAT
DIRECTS A WITNESS TO BRING WITH HIM AND PRODUCE IN COURT ANY
INSTRUMENT OF WRITING OR OTHER THING DESIRED AS EVIDENCE.
SUBSIDIARY DOCKET - A LISTING OF CASES
SCHEDULED FOR TRIAL ON EACH COURT DATE.
SUMMONS - AN ORDER TO APPEAR IN COURT
ISSUED TO A DEFENDANT BY THE COURT ITSELF. A SUMMONS CAN BE ENFORCED
BY CONTEMPT PROCEEDINGS OR A WARRANT.
SURETY BOND - A BAIL BOND; A WRITTEN
UNDERTAKING ENTERED INTO BY THE DEFENDANT AND HIS SURETY TO ASSURE
THE APPEARANCE OF THE DEFENDANT BEFORE THE COURT TO ANSWER A CRIMINAL
CHARGE.
T
TESTIMONY - EVIDENCE GIVEN BY A COMPETENT
WITNESS, UNDER OATH OR AFFIRMATION; AS DISTINGUISHED FROM EVIDENCE
DERIVED FROM WRITINGS AND OTHER SOURCES.
TRIAL DE NOVO - A NEW TRIAL OR RE-TRIAL
HELD IN APPELLATE COURT IN WHICH THE WHOLE CASE IS HEARD AS IF NO
TRIAL HAD EVER BEEN HELD IN THE COURT BELOW.
U
UNDER THE INFLUENCE OF INTOXICATING LIQUOR
- A PERSON IS DEPRIVED OF HIS NORMAL PHYSICAL OR MENTAL FACULTIES FROM
THE USE OF INTOXICATING LIQUOR.
UNDER THE RULE - TO PLACE THE WITNESSES ON
BOTH SIDES, DEFENSE AND PROSECUTION, IN CUSTODY OF AN OFFICER AND
REMOVE THEM FROM THE COURTROOM TO SOME PLACE WHERE THEY CANNOT HEAR
THE TESTIMONY AS DELIVERED BY THE OTHER WITNESSES IN THE CASE. THE
PURPOSE OF PLACING WITNESSES UNDER THE RULE IS TO PREVENT ONE WITNESS
FROM BEING INFLUENCED BY THE TESTIMONY OF ANOTHER WITNESS.
UNIFORM TRAFFIC COMPLAINT - A FORM OF
COMPLAINT IN WHICH THE OFFICER INDICATES BY MEANS OF A CHECK WHICH
TRAFFIC VIOLATION THE DEFENDANT IS ACCUSED OF COMMITTING. THE UNIFORM
TRAFFIC COMPLAINT IS NOT LEGAL IN TEXAS.
V
VENUE - THE PLACE WHERE A CASE IS
PROSECUTED.
VERDICT - THE FORMA AND UNANIMOUS DECISION
OR FINDING BY JURY IMPANELED AND SWORN FOR A TRIAL OF A CASE, AND
REPORTED TO THE COURT, UPON THE MATTERS OR QUESTIONS DULY SUBMITTED TO
THEM UPON THE TRIAL.
W
WARRANT OFFICER - THE OFFICER OF THE COURT
RESPONSIBLE FOR SERVING ALL PRECEPTS OR PAPERS ISSUED BY THE COURT. HE
MAY BE ADMINISTRATIVELY RESPONSIBLE TO THE JUDGE, OR THE COURT CLERK,
OR POLICE CHIEF.
WRIT - A PRECEPT OR ORDER IN WRITING
ISSUED BY A COURT IN THE NAME OF THE STATE, TO AN OFFICER OR BODY OF
OFFICERS COMMANDING HIM OR THEM TO DO SOME ACT WITHIN THE SCOPE OF
THEIR POWERS.
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