Jury duty glossary: legal terms jurors hear, in plain English

Courtrooms have their own vocabulary, and jurors are told not to look terms up during a trial. This glossary is meant to be read before you serve, so the words sound familiar on the day. If a term comes up during trial that you don't understand, ask the judge through court staff rather than researching it. That rule is explained in our guide to rules for jurors during a trial. Definitions here draw on the federal Handbook for Trial Jurors and U.S. Courts juror pages.

A-C

Affirm. To make a solemn promise without swearing an oath. The federal handbook notes that jurors who don't wish to take an oath may affirm instead.

Alternate juror. An extra juror who hears the whole trial and can replace a juror who becomes ill or is excused. Alternates are usually released before deliberations if they aren't needed.

Answer. In a civil case, the defendant's written response to the plaintiff's complaint.

Arraignment. The court appearance in a criminal case where the defendant is told the charges and pleads guilty or not guilty.

Bailiff. The court officer who keeps order in the courtroom and looks after the jury, including carrying notes to the judge during deliberations.

Batson challenge. An objection that a lawyer used a peremptory challenge to strike a juror because of race. In Batson v. Kentucky (1986), the Supreme Court held that the Equal Protection Clause forbids striking jurors because of race. J.E.B. v. Alabama (1994) extended the rule to sex.

Beyond a reasonable doubt. The standard of proof in criminal cases. The government must prove guilt to this level, and the judge will explain it in the instructions.

Burden of proof. Which side must prove the case, and how convincingly.

Challenge for cause. A request to excuse a prospective juror for a specific reason, such as bias or a relationship with a party. There's no limit to how many a side can make. The judge decides each one.

Charge (to the jury). The judge's instructions on the law, given at the end of the trial. Also called jury instructions.

Clerk of court. The court official who manages records and often oversees the jury office.

Closing argument. Each lawyer's final summary of the evidence. Closing arguments aren't evidence.

Complaint. The document that starts a civil case, stating the plaintiff's claims.

Count. A separate charge in a criminal case. Juries decide each count on its own.

Cross-examination. Questioning of a witness by the lawyer for the side that didn't call that witness.

D-I

Damages. Money awarded to a plaintiff in a civil case to compensate for harm.

Defendant. The person or organization charged with a crime, or sued in a civil case.

Deliberations. The jury's private discussion to reach a verdict. See what to expect in deliberations.

Direct examination. Questioning of a witness by the lawyer who called them.

Evidence. The testimony of witnesses and the exhibits admitted by the judge. Lawyers' statements aren't evidence.

Excuse. Permission from the court not to serve, either temporarily or permanently, often on request.

Exempt. Barred from serving. In federal court this means active-duty military, professional police and fire department members, and full-time public officers.

Exhibit. A document, photo, object or other item offered as evidence.

Foreperson. The juror who presides over deliberations and usually signs the verdict form. Depending on the court, the foreperson is appointed by the judge, elected by the jurors, or is the first juror seated.

Grand jury. A group of 16 to 23 people in federal court who decide whether there is probable cause to charge someone with a crime. See grand jury vs. trial jury.

Hung jury. A jury that can't reach the required agreement. It can lead to a mistrial.

Indictment. A written accusation by a grand jury charging someone with a crime.

Information. A criminal charge filed by a prosecutor instead of a grand jury.

J-P

Jury wheel. The database of names from which prospective federal jurors are randomly drawn. Each county is represented in proportion to its registered voters.

Juror questionnaire. The form used to decide whether you're legally qualified to serve. See our questionnaire guide.

Mistrial. A trial that ends without a verdict, for example because of a hung jury or a serious error.

Objection. A lawyer's challenge to a question or piece of evidence. "Sustained" means the judge agrees and the question isn't allowed. "Overruled" means the judge disagrees.

Opening statement. Each lawyer's preview of what they expect the evidence to show. It isn't evidence.

Panel (venire). The group of prospective jurors sent to a courtroom for jury selection.

Peremptory challenge. A limited number of strikes each side can use to excuse prospective jurors without giving a reason, subject to the ban on race- or sex-based strikes.

Petit jury. A trial jury, which decides criminal and civil cases. Federal petit juries range from 6 to 12 people.

Plaintiff. The person or organization that brings a civil lawsuit.

Pleadings. The complaint and answer, which frame the issues in a civil case.

Poll the jury. Asking each juror individually, after the verdict is read, whether they agree with it.

Preponderance of the evidence. The usual standard in civil cases: more likely than not.

Probable cause. The standard a grand jury uses to decide whether to indict, meaning enough evidence to believe a person committed a crime.

R-Z

Rebuttal. Evidence offered to contradict or explain evidence from the other side.

Sequestration. Keeping the jury together, sometimes in a hotel, to shield it from outside influence. It's rare.

Sidebar. A private conference between the judge and lawyers at the bench, out of the jury's hearing.

Subpoena. A court order requiring someone to appear or produce documents.

Summons. The official court notice requiring you to report for jury service. See what to do when you get a summons.

Testimony. What a witness says under oath.

Verdict. The jury's decision. In a criminal case it's guilty or not guilty on each count. In a civil case it's for the plaintiff or the defendant, often with damages.

Voir dire. The questioning of prospective jurors to choose a fair jury. The term comes from an old French phrase meaning "to speak the truth." See what happens at jury selection.

How to use this glossary

Skim it the night before your reporting date and again if you're seated on a trial, before the judge's instructions. During the trial itself, don't look up terms online or in a dictionary. If a word matters to your decision, the jury can send the judge a written question.

Key takeaways

• Most of the vocabulary falls into three groups: jury selection, trial procedure and standards of proof.
• Learn the terms before you serve, not during the trial.
• If a term in the instructions is unclear, ask the judge in writing.