|
|
|
|
Dictionary of Law |
open court :: legal definitionOpen court - n. the conduct of judicial proceedings (trials, hearings and routine matters such as trial settings) in which the public may be present. Some hearings and discussions are held in the judge's chambers ("in camera") or with the courtroom cleared of non-participants and/or the jury such as adoptions, sanity hearings, juvenile criminal charges and arguments over evidence and motions which might prejudice the jury. The Sixth Amendment to the Constitution, later applied to the states under the 14th Amendment, guarantees criminal defendants a "public trial," so all criminal proceedings are held in "open court." This does not apply to pre-trial negotiations and procedural and motion discussions with the judge, which are usually held in chambers. Related Law Termsabuse 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 bankruptcy proceedings :: n. the bankruptcy procedure is: a) filing a petiti ... ankruptcy court claim in bankruptcy bifurcate :: v. the order or ruling of a judge that one issue i ... is necessary. See also: bifurcation Bill of Rights :: n. the first ten amendments to the federal Constit ... ved to the states or to the people. burglary :: n. the crime of breaking and entering into a struc ... le. See also: breaking and entering chambers :: n. the private office of a judge, usually close to ... s." See also: in camera in chambers charge :: n. 1) in a criminal case, the specific statement o ... trial judge. 3) a fee for services. conclusion :: n. 1) in general, the end. 2) in a trial, when all ... onclusion of fact conclusion of law constitutional rights :: n. rights given or reserved to the people by the U ... e also: Bill of Rights constitution court :: n. 1) the judge, as in "The court rules in favor o ... cost and wait of full court trials. criminal calendar :: n. the list of criminal cases to be called in cour ... e plea preliminary hearing sentence 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 eminent domain :: n. the power of a governmental entity (federal, st ... ngs. See also: condemn condemnation 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 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 hearsay rule :: n. the basic rule that testimony or documents whic ... interest dying declaration hearsay immunity :: n. exemption from penalties, payments or legal req ... ws. See also: governmental immunity incorporate :: v. 1) to obtain an official charter or articles of ... te by reference incorporation stock 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 intoxication :: n. 1) the condition of being drunk as the result o ... r. See also: vehicular manslaughter jurisdiction :: n. the authority given by law to a court to try ca ... Superior Court Supreme Court venue jury :: n. one of the remarkable innovations of the Englis ... hallenge sequester venire voir dire magistrate :: n. 1) a generic term for any judge of a court, or ... ce of the peace preliminary hearing mandate :: n. 1) any mandatory order or requirement under sta ... See also: mandamus writ of mandate mistrial :: n. the termination of a trial before its normal co ... from the beginning. See also: trial 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 motion in limine :: (lim-in-nay) n. Latin for "threshold," a motion ma ... o: in limine Miranda warning motion motion to strike :: n. a request for a judge's order to eliminate all ... be unrung." See also: motion strike no contest :: n. in criminal law, a defendant's plea in court th ... : nolo contendere plea plea bargain non-suit :: n. a ruling by the judge in a lawsuit either when ... the defendant. See also: dismissal 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 objection :: n. a lawyer's protest about the legal propriety of ... ng question object overrule sustain plea :: n. 1) in criminal law, the response by an accused ... raignment plead preliminary hearing plea bargain :: n. in criminal procedure, a negotiation between th ... the ban. See also: cop a plea plea preliminary hearing :: n. in criminal law, a hearing to determine if a pe ... nment charge Grand Jury information proof :: n. confirmation of a fact by evidence. In a trial, ... doubt preponderance of the evidence quotient verdict :: n. an award of money damages set by a jury in a la ... rial motion for a new trial verdict 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 shortening time :: n. an order of the court in response to the motion ... e notice is served within 24 hours. speedy trial :: n. in criminal prosecutions, the right of a defend ... hurt by the waiver. See also: trial star chamber proceedings :: n. any judicial or quasi-judicial action, trial or ... ate 1960s. See also: kangaroo court summary adjudication of issues :: n. a court order ruling that certain factual issue ... is made. See also: summary judgment transcript :: n. the written record of all proceedings, includin ... unless transcription is requested. 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 verdict :: n. the decision of a jury after a trial, which mus ... nt quotient verdict special verdict 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 - OO.R. :: n. short for "own recognizance," meaning the judge ... "OR-ed." See also: own recognizanceO.S.C. :: n. short for order to show cause. See also: order ... ause. See also: order to show cause oath :: n. 1) a swearing to tell the truth, the whole trut ... ountry. See also: affidavit perjury obiter dicta :: : (oh-bitter dick-tah) n. remarks of a judge which ... imply dicta. See also: dicta dictum object :: 1) v. to ask the court not to allow a particular q ... he contract..." See also: objection objection :: n. a lawyer's protest about the legal propriety of ... ng question object overrule sustain obligation :: n. a legal duty to pay or do something. ... legal duty to pay or do something. obligee :: (ah-bluh-jee) n. the person or entity to whom an o ... ne to be paid on a promissory note. obligor :: (ah-bluh-gore) n. the person or entity who owes an ... who must pay on a promissory note. obscene :: adj., adv. a highly subjective reference to materi ... en I see it." See also: pornography obstruction of justice :: n. an attempt to interfere with the administration ... n arrest. Such activity is a crime. occupancy :: n. 1) living in or using premises, as a tenant or ... ining ownership. See also: occupant occupant :: n. 1) someone living in a residence or using premi ... gain ownership. See also: occupancy occupation :: n. 1) fairly permanent trade, profession, employme ... of real property or use of a thing. occupational disease :: n. an illness resulting from long-term employment ... tion for a work-related disability. occupational hazard :: n. a danger or risk inherent in certain employment ... e of death or injury while at work. occupy the field :: v. to preempt (monopolize) an area of statutory la ... ertain topics. See also: preemption of counsel :: adj. reference to an attorney who is not actively ... quiring his/her full-time presence. off calendar :: adj. refers to an order of the court to take a law ... of either party. See also: calendar offender :: n. an accused defendant in a criminal case or one ... crime. See also: accused defendant |