Dictionary of Law
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magistrate :: legal definition


Magistrate - n. 1) a generic term for any judge of a court, or anyone officially performing a judge's functions. 2) in a few states, an officer of the court at the lowest level who hears small claims lawsuits, serves as a judge for charges of minor crimes and/or conducts preliminary hearings in criminal cases to determine if there is enough evidence presented by the prosecution to hold the accused for trial. 3) in federal courts, an official who conducts routine hearings assigned by the federal judges, including preliminary hearings in criminal cases.

See also: judge justice of the peace preliminary hearing and Related Law Terms ↓


Related Law Terms

abuse of discretion :: n. a polite way of saying a trial judge has made s ... partner's realistic ability to pay.
admissible evidence :: n. evidence which the trial judge finds is useful ... olving violence. See also: evidence
ancillary jurisdiction :: n. a term used in federal courts when the court de ... ine. See also: pendent jurisdiction
appeal :: 1) v. to ask a higher court to reverse the decisio ... ng, as in "he has filed an appeal."
arbitration :: n. a mini-trial, which may be for a lawsuit ready ... tance of the arbitrator's decision.
arbitrator :: n. one who conducts an arbitration, and serves as ... he other two. See also: arbitration
arrest :: v. 1) to take or hold a suspected criminal with le ... anda warning probable cause warrant
attachment :: n. the seizing of money or property prior to getti ... bond. See also: writ of attachment
attorney :: n. 1) an agent or someone authorized to act for an ... ialize. See also: court reciprocity
bankruptcy :: n. a federal system of statutes and courts which p ... y proceedings trustee in bankruptcy
bankruptcy court :: n. the specialized federal court in which bankrupt ... : bankruptcy bankruptcy proceedings
bifurcate :: v. the order or ruling of a judge that one issue i ... is necessary. See also: bifurcation
brief :: 1) n. a written legal argument, usually in a forma ... another person. See also: precedent
chambers :: n. the private office of a judge, usually close to ... s." See also: in camera in chambers
circuit courts :: n. a movable court in which the judge holds court ... alled the Circuit Courts of Appeal.
clerk :: n. 1) an official or employee who handles the busi ... stocking shelves, or counter sales.
comity :: n. when one court defers to the jurisdiction of an ... of cases to which comity may apply.
conclusion of law :: n. a judge's final decision on a question of law w ... aw if requested. See also: judgment
conflict of law :: n. a situation in which both state and federal law ... y arose. See also: forum preemption
constitution :: n. the fundamental, underlying document which esta ... ts common law constitutional rights
contempt of court :: n. there are essentially two types of contempt: a) ... roduce evidence. See also: sanction
court :: n. 1) the judge, as in "The court rules in favor o ... cost and wait of full court trials.
court-martial :: 1) n. a military court for trying offenses in viol ... the U.S. Court of Military Appeals.
criminal calendar :: n. the list of criminal cases to be called in cour ... e plea preliminary hearing sentence
criminal justice :: n. a generic term for the procedure by which crimi ... endered and punishment carried out.
dismissal :: n. 1) the act of voluntarily terminating a crimina ... f the settlement. See also: dismiss
district court :: n. 1) in the federal court system, a trial court f ... urt in some states. See also: court
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
execution :: n. 1) the act of getting an officer of the court t ... so: death penalty writ of execution
federal courts :: n. the court system which handles civil and crimin ... rans' appeals. See also: bankruptcy
federal question :: n. one basis for filing a lawsuit in federal distr ... ves the federal court jurisdiction.
final settlement :: n. an agreement reached by the parties to a lawsui ... rneys present. See also: settlement
Grand Jury :: n. a jury in each county or federal court district ... arge indictment preliminary hearing
guardian :: n. a person who has been appointed by a judge to t ... torship. See also: conservator ward
habeas corpus :: (hay-bee-us core-puss) n. Latin for "you have the ... nality of a state court conviction.
hearing :: n. any proceeding before a judge or other magistra ... e hearing preliminary hearing trial
hearsay rule :: n. the basic rule that testimony or documents whic ... interest dying declaration hearsay
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
judge :: 1) n. an official with the authority and responsib ... ice justice of the peace magistrate
jump bail :: v. to fail to appear for a court appearance after ... also: bail bail bond bail bondsman
jurisdiction :: n. the authority given by law to a court to try ca ... Superior Court Supreme Court venue
jurisdictional amount :: n. the range between the minimum and maximum amoun ... equirements. See also: jurisdiction
jury :: n. one of the remarkable innovations of the Englis ... hallenge sequester venire voir dire
justice :: n. 1) fairness. 2) moral rightness. 3) a scheme or ... e appellate courts. See also: court
marshal :: 1) n. a federal court official who may serve paper ... tablish priorities among creditors.
municipal court :: n. a lower court which usually tries criminal misd ... nd/or small claims. See also: court
no contest :: n. in criminal law, a defendant's plea in court th ... : nolo contendere plea plea bargain
not guilty by reason of insanity :: n. plea in court of a person charged with a crime ... fense not guilty temporary insanity
notice :: n. 1) information, usually in writing in all legal ... Thirty-day notice three-day notice
officer of the court :: n. any person who has an obligation to promote jus ... also: attorney bailiff clerk judge
open court :: n. the conduct of judicial proceedings (trials, he ... which are usually held in chambers.
opinion :: n. the explanation of a court's judgment. When a t ... which the author is not specified.
order :: 1) n. every direction or mandate of a judge or a c ... defendant. See also: judge judgment
overrule :: v. 1) to reject an attorney's objection to a quest ... : appellate court objection sustain
pendent jurisdiction :: n. in federal procedure, the policy that allows a ... n. (It also may be spelled: pendant
peremptory writ of mandate :: (or mandamus) n. a final order of a court to any g ... ve writ. See also: mandamus mandate
permanent injunction :: n. a final order of a court that a person or entit ... ary injunction temporary injunction
plea :: n. 1) in criminal law, the response by an accused ... raignment plead preliminary hearing
police court :: n. in some states a type of municipal court which ... municipal court preliminary hearing
preliminary hearing :: n. in criminal law, a hearing to determine if a pe ... nment charge Grand Jury information
presiding judge :: n. 1) in both state and federal appeals court, the ... and chairs meetings of the judges.
procedure :: n. the methods and mechanics of the legal process. ... cases are tried and judgments made.
quasi-criminal :: adj. a reference to a court's right to punish for ... defendant. See also: criminal quasi
record :: 1) v. (ree-cored) to put a document into the offic ... eeding race to the courthouse trial
remand :: v. to send back. An appeals court may remand a cas ... ee also: appeal preliminary hearing
reports :: n. the published decisions of appeals courts in al ... ilable in almost all law libraries.
retroactive :: adj. referring to a court's decision or a statute ... ospective." See also: ex post facto
rogatory letters :: n. a written request by a judge to a judge in anot ... also: deposition testimony witness
rules of court :: n. a set of procedural regulations adopted by cour ... s counsel. See also: procedure rule
sanction :: n. 1) a financial penalty imposed by a judge on a ... ction." See also: contempt of court
sentence :: 1) n. the punishment given to a person convicted o ... ence restitution suspended sentence
shortening time :: n. an order of the court in response to the motion ... e notice is served within 24 hours.
standing :: n. the right to file a lawsuit or file a petition ... so: actual controversy jurisdiction
star chamber proceedings :: n. any judicial or quasi-judicial action, trial or ... ate 1960s. See also: kangaroo court
status conference :: n. a pre-trial meeting of attorneys before a judge ... g a trial date. See also: discovery
Supreme Court :: n. 1) the highest court in the United States, whic ... rt in other states. See also: court
Tax Court :: n. a federal agency with courts in major cities wh ... Appeals. See also: court income tax
trial :: n. the examination of facts and law presided over ... at a hearing held at a later time.
venue :: n. 1) the proper or most convenient location for t ... ion. See also: forum non conveniens

Popular Law Searches

legal 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 - M

M. O. :: n. slang for modus operandi, the way or pattern in ... her crime. See also: modus operandi
magistrate :: 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