Sections
Appeals 138.005 – 138.504
Post-conviction Relief 138.510 – 138.686
Post-conviction Motion for DNA Testing 138.690 – 138.698

Terms Used In Oregon Statutes > Chapter 138

  • affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • arrest: Taking physical custody of a person by lawful authority.
  • assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • capital offense: A crime punishable by death.
  • chief judge: The judge who has primary responsibility for the administration of a court but also decides cases; chief judges are determined by seniority.
  • City: includes any incorporated village or town. See Oregon Statutes 174.100
  • common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • continuance: Putting off of a hearing ot trial until a later time.
  • conviction: A judgement of guilt against a criminal defendant.
  • defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
  • discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • federal question: Jurisdiction given to federal courts in cases involving the interpretation and application of the U.S. Constitution, acts of Congress, and treaties.
  • felony: A crime carrying a penalty of more than a year in prison.
  • habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
  • jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
  • Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
  • plaintiff: The person who files the complaint in a civil lawsuit.
  • plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • plea agreement: An arrangement between the prosecutor, the defense attorney, and the defendant in which the defendant agrees to plead guilty in exchange for special considerations. Source:
  • pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • remand: When an appellate court sends a case back to a lower court for further proceedings.
  • restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • sentencing guidelines: A set of rules and principles established by the United States Sentencing Commission that trial judges use to determine the sentence for a convicted defendant. Source: U.S. Courts
  • settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • statute: A law passed by a legislature.
  • subpoena: A command to a witness to appear and give testimony.
  • testify: Answer questions in court.
  • testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
  • United States: includes territories, outlying possessions and the District of Columbia. See Oregon Statutes 174.100
  • venue: The geographical location in which a case is tried.
  • writ: A formal written command, issued from the court, requiring the performance of a specific act.