As a former POTUS goes on criminal trial, do not let these legal terms Trump you

Of late, few international news have received as much media attention as this one. And you are going to read a lot about Trump and his tales for some time to come. Here is an effort to decipher at least 10 legal terms that you are sure to encounter in the process.

A subpoena (plural: subpoenas) is a legal document much like a summons. Both types of documents require mandatory appearance in court but there is a difference of purpose. Typically, a subpoena calls witnesses to court, from either side of a legal dispute, who will offer testimony in support of their version of events. It informs a prospective witness that she has been called and also sets out details of when the trial is and the penalties for failing to appear. A summons (plural: summonses) is generally used to inform someone that she is actually a party to a lawsuit, usually as a defendant.

To arraign is to formally accuse someone in a court of law. Its noun form arraignment is the first court hearing in which a judge reads out the charges to a defendant and the person can plead guilty or not guilty. Trump faces 34 charges and on June 13 he pleaded not guilty to all of them.

An indictment is similar to a charge in the United Kingdom. It is a formal statement of the accusations levelled against a person, and the circumstances around them. When a person is indicted, she is given formal notice that it is believed she has committed a crime.

In the United States, an attorney is a general term for a lawyer who is qualified to defend or prosecute in court. In the United Kingdom, a barrister or a solicitor, depending upon the exam she has cleared and the type of practice she has, is a lawyer who most commonly represents clients in court. In India, the omnibus term is advocate.

A federal prosecutor is a lawyer appointed by the president to prosecute and defend cases for the federal government. In a federal criminal case, the principal actors are the US attorney (the prosecutor) and the grand jury. The US attorney represents the federal government in most court proceedings and the grand jury reviews evidence presented by the US attorney. It comprises members of the public and the strength is between 16 and 23. It sits in secret and is given investigative powers, including the power to question witnesses. If the grand jury determines there is enough evidence, an indictment will be issued against the defendant.

Felony originated from the French medieval word felonie to describe an offence that resulted in the confiscation of a convicted person’s land and goods, to which additional punishments including capital punishment could be added. Less serious than a felony is a misdemeanor and the least serious crime is an infraction. Some examples of felonies include murder, rape, burglary, kidnapping and arson. Once convicted, the person is called a felon. Trump has been charged with 34 counts of a felony that together carry a maximum prison sentence of 136 years.

The prosecution has alleged that Trump orchestrated a catch-and-kill scheme which refers to the practice of buying the rights to a story without ever publishing it. It is a way to keep potentially damaging stories or incriminating information about someone out of the public domain. According to the prosecutors, the former President paid three individuals to keep quiet about affairs in the so-called catch-and-kill scheme to buy negative information and boost election results.

Hush money is paid to someone to stop them from disclosing potentially damaging or embarrassing information. Trump faces charges that accuse him of three different instances of making payments in hush money to camouflage alleged affairs. Hush money payment is not illegal in itself but the prosecutors allege the former POTUS falsified business records and broke election laws in his efforts to cover up payments.

Impeachment is a proceeding instituted by a legislative body to address serious misconduct by a public officer. In England, the House of Commons serves as a prosecutor and the House of Lords as a judge in an impeachment proceeding. In the US, the House of Representatives initiates impeachment proceedings by authorizing an inquiry by the House Judiciary Committee, which may then recommend an impeachment resolution for a vote by the full House. An impeachment resolution may also be introduced in the House without a formal inquiry. If the resolution is approved, a trial is held in the Senate and conviction is obtained by a two-thirds majority of the members present.

Trump also holds the record of being the first US President to be impeached twice.