Court Interpreter Written Exam (NCSC/BEI) key terms
Court Interpreter Written Exam (NCSC/BEI) · Get comfortable with the vocabulary.
- Arraignment
- Related: Indictment, Misdemeanor, Waiver
A court hearing where a person accused of a crime is formally told the charges, informed of basic rights, and asked to enter a plea of guilty, not guilty, or no contest.
- Habeas corpus
- Related: Probable cause, Indictment
A legal action asking a court to decide whether a person's imprisonment is lawful and to order release if it is not. The Latin phrase means 'you shall have the body.'
- Exculpatory evidence
- Related: Discovery, Chain of custody, Hearsay
Evidence that tends to show a defendant did not commit the crime or is less responsible. Prosecutors must generally disclose it to the defense because it may affect the outcome.
- Voir dire
- Related: Peremptory challenge, Impartiality
The process of questioning prospective jurors or witnesses to test their qualifications, impartiality, or expertise before they serve or testify. In jury selection, both sides may challenge candidates.
- Peremptory challenge
- Related: Voir dire
A request to remove a prospective juror without stating a reason. Such challenges are limited in number, and they may not be used to exclude jurors because of race or sex.
- Deposition
- Related: Discovery, Interrogatory, Affidavit
Sworn out-of-court testimony recorded before trial, usually by attorneys questioning a party or witness. It becomes part of discovery and may be used to impeach or preserve testimony.
- Interrogatory
- Related: Discovery, Deposition
A written question that one party in a lawsuit sends to another party, who must answer it in writing under oath as part of the discovery process.
- Affidavit
- Related: Deposition, Waiver
A written statement of facts made voluntarily and confirmed by oath or affirmation before a person authorized to administer it, such as a notary or court clerk.
- Tort
- Related: Statute of limitations, Burden of proof
A civil wrong, other than a breach of contract, that causes harm or injury and gives the injured person a right to sue for damages or other relief.
- Beyond a reasonable doubt
- Related: Burden of proof, Probable cause
The highest standard of proof in criminal cases. Jurors must be firmly convinced of the defendant's guilt, with no realistic doubt based on the evidence presented.
- Probable cause
- Related: Beyond a reasonable doubt, Habeas corpus
A reasonable belief, based on facts and circumstances, that a crime has been committed or that evidence will be found in a particular place, justifying arrest or a search warrant.
- Mens rea
- Related: Burden of proof, Exculpatory evidence
The mental state or intent element of a crime, such as purpose, knowledge, recklessness, or negligence. It distinguishes intentional acts from accidental ones in criminal law.
- Subpoena
- Related: Contempt of court, Deposition
A court order requiring a person to appear at a hearing or trial, or to produce documents or other items, the latter sometimes called a subpoena duces tecum.
- Contempt of court
- Related: Subpoena, Waiver
Willful disobedience of a court order or disruptive behavior that obstructs the administration of justice. It may be punished by fines, imprisonment, or both.
- Waiver
- Related: Arraignment, Contempt of court
The voluntary giving up of a known right, such as the right to an attorney or to remain silent. It must generally be knowing, intelligent, and voluntary to be valid.
- Stipulation
- Related: Discovery, Deposition
An agreement between opposing parties about a fact or procedure in a case. A stipulated fact is accepted by the court without further proof.
- Hearsay
- Related: Leading question, Exculpatory evidence
An out-of-court statement offered in court to prove the truth of what it says. It is generally inadmissible, though many exceptions and exemptions apply.
- Leading question
- Related: Hearsay, Voir dire
A question worded to suggest the desired answer, often answerable with yes or no. It is usually not allowed on direct examination but is permitted on cross-examination.
- Discovery
- Related: Deposition, Interrogatory, Stipulation
The pretrial phase in which each side obtains information and evidence from the other through tools such as interrogatories, depositions, requests for documents, and inspections.
- Statute of limitations
- Related: Tort, Indictment
A law that sets a deadline for starting a lawsuit or prosecution. If the deadline passes, the claim is generally barred even if it is otherwise valid.
- Indictment
- Related: Arraignment, Misdemeanor, Probable cause
A formal written accusation charging a person with a crime, typically issued by a grand jury after reviewing evidence presented by the prosecutor.
- Misdemeanor
- Related: Indictment, Arraignment
A criminal offense less serious than a felony, usually punishable by a short jail term, a fine, probation, or a combination of these rather than prison.
- Burden of proof
- Related: Beyond a reasonable doubt, Probable cause, Tort
The obligation of a party to persuade the fact finder that a disputed fact is true to the required standard, such as beyond a reasonable doubt in criminal cases.
- Pro se
- Related: Waiver
Describing a party who represents himself or herself in a legal proceeding without a lawyer. Courts sometimes appoint standby counsel or provide special procedural accommodations.
- Chain of custody
- Related: Exculpatory evidence, Discovery
The documented record of who handled physical evidence, when, and how, from collection through trial. Breaks in the chain may affect the evidence's admissibility or weight.
- Confidentiality
- Related: Impartiality, Conflict of interest
The interpreter's duty not to disclose information learned while interpreting, except as required or permitted by law or authorized by the parties or the court.
- Impartiality
- Related: Confidentiality, Conflict of interest
The interpreter's obligation to remain neutral, avoiding bias, favoritism, or personal interest in the outcome, and to interpret accurately what each speaker says.
- Conflict of interest
- Related: Impartiality, Confidentiality
A situation in which the interpreter has a personal, professional, or financial interest or relationship that could compromise neutrality, requiring disclosure and possible withdrawal from the assignment.
- Sight translation
- Related: Consecutive interpreting, Simultaneous interpreting, Register
Rendering a written text orally into another language, usually at a hearing or interview, without prior written translation and often under time pressure.
- Consecutive interpreting
- Related: Simultaneous interpreting, Sight translation
Interpreting after a speaker pauses, so that the full message is rendered in the other language. It is common in testimony, interviews, and short exchanges.
- Simultaneous interpreting
- Related: Consecutive interpreting
Interpreting at the same time as the speaker continues, with a slight lag. It requires intense concentration and is used in trials, hearings, and conferences.
- Register
- Related: False cognate, Sight translation
The level of formality and specialized vocabulary a speaker or writer uses for a situation, such as formal courtroom speech versus casual conversation. Interpreters must match it.
- False cognate
- Related: Calque, Register
A word in one language that resembles a word in another but has a different meaning, such as Spanish 'embarazada' (pregnant) and English 'embarrassed.' Translators must avoid these traps.
- Calque
- Related: False cognate, Register
A literal translation of a word or phrase from one language into another that copies the source structure, often producing awkward or nonstandard usage in the target language.
- Summarization
- Related: Consecutive interpreting, Confidentiality
Condensing the content of a speaker's message rather than interpreting it fully. Ethical standards generally prohibit it in legal settings because it omits or alters meaning.
- Transcription
- Related: Sight translation, Summarization
Writing down spoken words exactly as they were said, or converting recorded speech into text. Interpreters may be asked to transcribe recordings, a task distinct from translating meaning.