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Dictionary of Law |
motion to strike :: legal definitionMotion to strike - n. a request for a judge's order to eliminate all or a portion of the legal pleading (complaint, answer) of the opposition on any one of several grounds. It is often used in an attempt to have an entire cause of action removed ("stricken") from the court record. A motion to strike is also made orally during trial to ask the judge to order "stricken" answers by a witness in violation of rules of evidence (laws covering what is admissible in trial). Even though the jury is admonished to ignore such an answer or some comment, the jury has heard it, and "a bell once rung, cannot be unrung." See also: motion strike and Related Law Terms ↓ Related Law Termsacquit :: v. what a jury or judge sitting without a jury doe ... ndant not guilty. See also: verdictadmissible evidence :: n. evidence which the trial judge finds is useful ... olving violence. See also: evidence adverse witness :: n. a witness in a trial who is found by the judge ... r the opposition. See also: witness approach the bench :: v. an attorney's movement from the counsel table t ... ake a recess to go to the restroom. commitment :: n. a judge's order sending someone to jail or pris ... prisoner or patient to such places. contempt of court :: n. there are essentially two types of contempt: a) ... roduce evidence. See also: sanction demurrer :: n. (dee-muhr-ur) a written response to a complaint ... demurrer. See also: motion pleading directed verdict :: n. a verdict by a jury based on the specific direc ... element judgment jury trial verdict dismiss :: v. the ruling by a judge that all or a portion (on ... nst that party. See also: dismissal ex parte :: (ex par-tay, but popularly, ex party) adj. Latin m ... and place of any ex parte hearing. examination :: n. 1) the questioning of a witness by an attorney. ... irect examination testimony witness fact finder (finder of fact) :: n. in a trial of a lawsuit or criminal prosecution ... n facts. See also: question of fact file :: 1) v. to deposit with the clerk of the court a wri ... rrespondence and notes on the case. finding :: n. the determination of a factual question vital ( ... e case. See also: conclusion of law Grand Jury :: n. a jury in each county or federal court district ... arge indictment preliminary hearing hearing :: n. any proceeding before a judge or other magistra ... e hearing preliminary hearing trial hostile witness :: n. technically an "adverse witness" in a trial who ... so: adverse witness leading witness impaneling :: n. the act of selecting a jury from the list of po ... e juror jury panel venire voir dire indictment :: n. a charge of a felony (serious crime) voted by a ... ictable offense preliminary hearing information :: n. an accusation or criminal charge brought by the ... Jury indictment preliminary hearing injunction :: n. a writ (order) issued by a court ordering someo ... t. See also: injunctive relief writ insanity :: n. mental illness of such a severe nature that a p ... M'Naughten rule temporary insanity irrelevant :: adj. not important, pertinent, or germane to the m ... ce immaterial incompetent objection judgment notwithstanding the verdict :: (N.O.V.) n. reversal of a jury's verdict by the tr ... veredicto. See also: N.O.V. verdict jury :: n. one of the remarkable innovations of the Englis ... hallenge sequester venire voir dire mistrial :: n. the termination of a trial before its normal co ... from the beginning. See also: trial moral certainty :: n. in a criminal trial, the reasonable belief (but ... : beyond a reasonable doubt verdict motion :: n. a formal request made to a judge for an order o ... g, an oral motion may be permitted. motion for a new trial :: n. a request made by the loser for the case to be ... hstanding the verdict motion N.O.V. motion for dismissal :: (non-suit) n. application by a defendant in a laws ... otion for nonsuit. See also: motion N.O.V. :: adj. shorthand acronym of Latin for non obstante v ... notwithstanding the verdict verdic not guilty :: n. 1) plea of a person who claims not to have comm ... t guilty by reason of insanity plea objection :: n. a lawyer's protest about the legal propriety of ... ng question object overrule sustain off calendar :: adj. refers to an order of the court to take a law ... of either party. See also: calendar open court :: n. the conduct of judicial proceedings (trials, he ... which are usually held in chambers. order :: 1) n. every direction or mandate of a judge or a c ... defendant. See also: judge judgment order to show cause :: n. a judge's written mandate that a party appear i ... vernmental agency. See also: O.S.C. pleading :: n. 1) every legal document filed in a lawsuit, pet ... nswer complaint demurrer plea plead preliminary hearing :: n. in criminal law, a hearing to determine if a pe ... nment charge Grand Jury information reasonable doubt :: n. not being sure of a criminal defendant's guilt ... also: preponderance of the evidence sealed verdict :: n. the decision of a jury when there is a delay in ... reconvenes. See also: jury verdict sentence :: 1) n. the punishment given to a person convicted o ... ence restitution suspended sentence specific finding :: n. a decision on a fact made by a jury in its verd ... so forth. See also: special verdict strike :: 1) v. to remove a statement from the record of the ... ing the business, factory or store. sua sponte :: : (sooh-uh spahn-tay) adj. Latin for "of one's own ... ot have jurisdiction over the case. trial :: n. the examination of facts and law presided over ... at a hearing held at a later time. trier of fact :: n. the judge or jury responsible for deciding fact ... r referee may be the trier of fact. verdict :: n. the decision of a jury after a trial, which mus ... nt quotient verdict special verdict voir dire :: (vwahr [with a near-silent "r"] deer) n. from Fren ... t witness jury peremptory challenge witness stand :: n. a chair at the end of the judge's bench on the ... estimony clearly. See also: witness Popular Law Searcheslegal definition ministerial act :: n. an act, particularly of a governmental employee ... exercising any individual judgment.chancery legal definition :: n. a court that can order acts performed. Today ch ... ts in most states. See also: equity testamentary disposition legal definition :: n. how the terms of a will divide the testator's ( ... named beneficiaries. See also: will contract of sufferance :: n. a "hold-over" tenancy after a lease has expired ... y tenancy at will unlawful detainer forthwith legal definition :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay. forthwith definition legal :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay. what is to wit in a legal contract :: prep. that is to say. Example: "the passengers in ... tty Bumgartner and Sherry Younger." mirror wills legal definition :: n. the wills of a husband and wife which are ident ... d each names the other as executor. clean hands doctrine latin :: n. a rule of law that a person coming to court wit ... ices. See also: affirmative defense sine qua non only relates to contract law :: (see-nay kwah nahn) prep. Latin for "without which ... qua non of the injury to Playmate. Other Law Terms - MM. O. :: n. slang for modus operandi, the way or pattern in ... her crime. See also: modus operandimagistrate :: n. 1) a generic term for any judge of a court, or ... ce of the peace preliminary hearing Magna Carta :: n. Latin for "Great Charter," it was a document de ... s. It is also spelled Magna Charta. mail box rule :: n. in contract law, making a written offer or acce ... nse in hand when the time runs out. maim :: v. to inflict a serious bodily injury, including m ... to a prison term. See also: mayhem majority :: n. 1) the age when a person can exercise all norma ... t. See also: child infancy minority make :: v. 1) to create something. 2) to sign a check, pro ... xchange check maker promissory note make one whole :: v. to pay or award damages sufficient to put the p ... fault of another. See also: damages maker :: n. 1) the person who signs a check or promissory n ... : check payee payor promissory note malfeasance :: n. intentionally doing something either legally or ... sponsibility. See also: misfeasance malice :: n. a conscious, intentional wrongdoing either of a ... cution murder public figure slander malice aforethought :: n. 1) the conscious intent to cause death or great ... : first degree murder malice murder malicious prosecution :: n. filing a lawsuit with the intention of creating ... vor of the victim. See also: malice malpractice :: n. An act or continuing conduct of a professional ... eed. See also: errors and omissions malum in se :: (mal-uhm in say) adv. Latin referring to an act th ... hibitum. See also: malum prohibitum malum prohibitum :: (mal-uhm prohibit-uhm) adj. Latin meaning "wrong d ... lso: malum in se white collar crime mandamus :: (man-dame-us) n. Latin for "we order," a writ (mor ... mandamus. See also: writ of mandate mandate :: n. 1) any mandatory order or requirement under sta ... See also: mandamus writ of mandate mandatory :: adj., adv. absolutely demanded or required. ... v. absolutely demanded or required. mandatory joinder :: n. the required inclusion of a party in a lawsuit ... sues in the case. See also: joinder |