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Dictionary of Law |
plea :: legal definitionPlea - n. 1) in criminal law, the response by an accused defendant to each charge of the commission of a crime. Pleas normally are "not guilty," "guilty," "no contest" (admitting the facts, but unwilling to plead "guilty," thus resulting in the equivalent of a "guilty" verdict but without admitting the crime), or "not guilty by reason of insanity" (at the time of the criminal act). However, the accused may make a "dilatory plea" challenging the jurisdiction of the court or claiming that he/she is the wrong defendant, requiring a special hearing. He/she may admit the acts but have excuses to be considered (a "plea in abatement"), which may affect the judge's sentence. Pleas are entered orally at arraignment (first court appearance) or a continued (postponed) arraignment. If after a preliminary hearing the judge determines the defendant must face trial for a felony, he/she will have to enter a plea again before a judge of the trial court. 2) any written answer or other response filed by a defendant to a complaint or petition in a civil lawsuit. See also: arraignment plead preliminary hearing and Related Law Terms ↓ 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 admission to bail :: n. an order of a court in a criminal case allowing ... lient. See also: bail bail bondsman admit :: v. 1) to state something is true in answering a co ... tted." See also: admission evidence alternative pleading :: n. a legal fiction in which a party to a lawsuit o ... t the defendant committed the act). answer :: n. in law, a written pleading filed by a defendant ... emurrer general denial verification 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 attempt :: v. and n. to actually try to commit a crime and ha ... felt he tried but did not succeed. bail :: 1) n. the money or bond put up to secure the relea ... bond bail bondsman own recognizance 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. breaking and entering :: n. 1) the criminal act of entering a residence or ... above. See also: burglary trespass brief :: 1) n. a written legal argument, usually in a forma ... another person. See also: precedent burden of proof :: n. the requirement that the plaintiff (the party b ... ence prima facie weight of evidence burglary :: n. the crime of breaking and entering into a struc ... le. See also: breaking and entering calendar :: 1) n. the list of cases to be called for trial bef ... clerk of the court calendars cases. care :: n. in law, to be attentive, prudent and vigilant. ... she is involved. See also: careless 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. circuit courts :: n. a movable court in which the judge holds court ... alled the Circuit Courts of Appeal. clean hands doctrine :: n. a rule of law that a person coming to court wit ... ices. See also: affirmative defense clerk :: n. 1) an official or employee who handles the busi ... stocking shelves, or counter sales. competent :: adj. 1) in general, able to act in the circumstanc ... all bases. See also: evidence will complaint :: n. the first document filed with the court (actual ... g prayer service of process summons conclusion :: n. 1) in general, the end. 2) in a trial, when all ... onclusion of fact conclusion of law conclusion of law :: n. a judge's final decision on a question of law w ... aw if requested. See also: judgment confess :: v. in criminal law, to voluntarily state that one ... Miranda warning self-incrimination confession :: n. the statement of one charged with a crime that ... Miranda warning self-incrimination contempt of court :: n. there are essentially two types of contempt: a) ... roduce evidence. See also: sanction cop a plea :: n. slang for a "plea bargain" in which an accused ... omes final). See also: plea bargain 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 cross-complaint :: n. after a complaint has been filed against a defe ... g prayer service of process summons day in court :: n. popular term for everyone's opportunity to brin ... rt to protest his speeding ticket." default judgment :: n. if a defendant in a lawsuit fails to respond to ... See also: complaint default summons defense attorney :: n. 1) the attorney representing the defendant in a ... lso: defendant plaintiff's attorney demurrer :: n. (dee-muhr-ur) a written response to a complaint ... demurrer. See also: motion pleading deposition :: n. the taking and recording of testimony of a witn ... See also: deponent depose discovery diminished capacity :: n. essentially a psychological term which has foun ... See also: insanity M'Naughten rule 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 dismissal :: n. 1) the act of voluntarily terminating a crimina ... f the settlement. See also: dismiss diversion :: n. in criminal procedure, a system for giving a ch ... second offense. See also: probation double jeopardy :: n. placing someone on trial a second time for an o ... that occurred thirty years earlier. 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 excessive bail :: n. an amount of bail ordered posted by an accused ... ppeal for reduction. See also: bail excusable neglect :: n. a legitimate excuse for the failure of a party ... See also: default default judgment felony murder doctrine :: n. a rule of criminal statutes that any death whic ... arged with murder. See also: murder final settlement :: n. an agreement reached by the parties to a lawsui ... rneys present. See also: settlement finding :: n. the determination of a factual question vital ( ... e case. See also: conclusion of law forum non conveniens :: (for-uhm nahn cahn-vee-nee-ehns) n. Latin for a fo ... most convenient location for trial. general appearance :: n. an attorney's representation of a client in cou ... case. See also: special appearance general partner :: n. 1) usually one of the owners and operators of a ... ted partnership partner partnership 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 guilty :: adj. having been convicted of a crime or having ad ... on of guilt cop a plea plea bargain habeas corpus :: (hay-bee-us core-puss) n. Latin for "you have the ... nality of a state court conviction. harmless error :: n. an error by a judge in the conduct of a trial w ... ar to be harmless." See also: error 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 intoxication :: n. 1) the condition of being drunk as the result o ... r. See also: vehicular manslaughter joint and several :: adj. referring to a debt or a judgment for neglige ... ution contributory negligence joint judge :: 1) n. an official with the authority and responsib ... ice justice of the peace magistrate judge advocate :: n. a military officer with legal training who has ... ourt-martial judge advocate general 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 jury :: n. one of the remarkable innovations of the Englis ... hallenge sequester venire voir dire jury fees :: n. the rather minimal amount paid each day to juro ... ees as a court cost. See also: jury justice :: n. 1) fairness. 2) moral rightness. 3) a scheme or ... e appellate courts. See also: court juvenile court :: n. a special court or department of a trial court ... See also: court juvenile delinquent liability :: n. one of the most significant words in the field ... bility joint tortfeasors negligence long cause :: n. a lawsuit in which it is estimated that a trial ... dar call court calendar short cause 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 Miranda warning :: n. the requirement, also called the Miranda rule, ... me such a suspect? See also: rights mistrial :: n. the termination of a trial before its normal co ... from the beginning. See also: trial M'Naughten rule :: n. a traditional "right and wrong" test of legal i ... temporary insanity Twinkie defense 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 municipal court :: n. a lower court which usually tries criminal misd ... nd/or small claims. See also: court nisi prius :: : (nee-see pree-us) adj. Latin for "unless first," ... : original jurisdiction trial court no contest :: n. in criminal law, a defendant's plea in court th ... : nolo contendere plea plea bargain nominal party :: n. a defendant or a plaintiff included in a lawsui ... ed. See also: necessary party party non-suit :: n. a ruling by the judge in a lawsuit either when ... the defendant. See also: dismissal not guilty :: n. 1) plea of a person who claims not to have comm ... t guilty by reason of insanity plea 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 offender :: n. an accused defendant in a criminal case or one ... crime. See also: accused defendant 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 own recognizance :: (O.R.) n. the basis for a judge allowing a person ... n recognizance. See also: bail O.R. parole :: n. 1) the release of a convicted criminal defendan ... sed he will not take up arms again. partnership :: n. a business enterprise entered into for profit w ... partnership partner silent partner 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 plain error :: n. a mistake by the trial court found by a court o ... ire reversal of the trial decision. plaintiff :: n. the party who initiates a lawsuit by filing a c ... lso: complaint defendant petitioner plea bargain :: n. in criminal procedure, a negotiation between th ... the ban. See also: cop a plea plea plead :: v. 1) in civil lawsuits and petitions, to file any ... al conduct. See also: plea pleading pleading :: n. 1) every legal document filed in a lawsuit, pet ... nswer complaint demurrer plea plead 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. pro hac vice :: : (proh hock vee-chay) prep. Latin for "this time ... association with a local attorney. procedure :: n. the methods and mechanics of the legal process. ... cases are tried and judgments made. process :: n. in law, the legal means by which a person is re ... service of process subpena summons proof :: n. confirmation of a fact by evidence. In a trial, ... doubt preponderance of the evidence 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 release on one's own recognizance :: v. for a judge to allow a criminal defendant pre-t ... ourtroom slang. See also: bail O.R. remand :: v. to send back. An appeals court may remand a cas ... ee also: appeal preliminary hearing reply brief :: n. the written legal argument of the respondent (t ... ee also: appeal appellee respondent retroactive :: adj. referring to a court's decision or a statute ... ospective." See also: ex post facto review :: n. the judicial consideration of a lower court jud ... ate court reversal reversible error rogatory letters :: n. a written request by a judge to a judge in anot ... also: deposition testimony witness 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 settlement :: n. the resolution of a lawsuit (or of a legal disp ... ult in settlement. See also: settle shortening time :: n. an order of the court in response to the motion ... e notice is served within 24 hours. small claims court :: n. a division of most municipal, city or other low ... od example of a small claims court. specific finding :: n. a decision on a fact made by a jury in its verd ... so forth. See also: special verdict 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 stare decisis :: : (stah-ree duh-sigh-sis) n. Latin for "to stand b ... pellate court lower court precedent status conference :: n. a pre-trial meeting of attorneys before a judge ... g a trial date. See also: discovery strike :: 1) v. to remove a statement from the record of the ... ing the business, factory or store. summons :: n. a document issued by the court at the time a la ... use service service of process writ suspended sentence :: n. in criminal law, a penalty applied by a judge t ... may be enforced. See also: sentence sustain :: v. in trial practice, for a judge to agree that an ... /she will "overrule" the objection. Tax Court :: n. a federal agency with courts in major cities wh ... Appeals. See also: court income tax temporary injunction :: n. a court order prohibiting an action by a party ... ry injunction. See also: injunction temporary insanity :: n. in a criminal prosecution, a defense by the acc ... diminished capacity insanity intent time served :: n. the period a criminal defendant has been in jai ... o the defendant. See also: sentence 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. trial court :: n. the court which holds the original trial, as di ... a court of appeals. See also: trial trial de novo :: n. a form of appeal in which the appeals court hol ... from small claims court judgments. 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 writ of coram nobis :: : (writ of core-uhm noh-bis) n. from Latin for "in ... ment if known at the time of trial. 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 - Ppaid into court :: adj. referring to money deposited with the clerk o ... differences. See also: interpleaderpain and suffering :: n. the physical and mental distress suffered from ... l damages special damages suffering palimony :: n. a substitute for alimony in cases in which the ... the relationship. See also: alimony pander :: 1) v. to solicit customers for a prostitute. 2) n. ... ons or favors. See also: prostitute panderer :: n. 1) a person who panders or solicits for a prost ... special interests. See also: pander panel :: n. the list of people selected to appear for jury ... or jury duty. See also: jury venire paper hanger :: n. slang for a person who criminally writes and ca ... ey in them. See also: forgery fraud par :: n. 1) an equal level. 2) the face value of a stock ... common stock preferred stock stock paralegal :: n. a non-lawyer who performs routine tasks requiri ... h less than that for the attorneys. paramount title :: n. a right to real property which prevails over an ... n's claim of title. See also: title parcel :: n. a defined piece of real estate, usually resulti ... See also: real estate real property pardon :: 1) v. to use the executive power of a Governor or ... also: amnesty commutation reprieve parens patriae :: (paa-rens pat-tree-eye) n. Latin for "father of hi ... pport custody divorce guardian ward parent :: n. the lawful and natural father or mother of a pe ... natural parent. See also: adoption parental neglect :: n. a crime consisting of acts or omissions of a pa ... usive or sexually predatory person. pari delicto :: adj. equal fault. See also: in pari delicto ... al fault. See also: in pari delicto parish :: n. 1) a geographic area served by a church (partic ... overnmental equivalent of a county. parody :: n. the humorous use of an existing song, play, or ... l significance. See also: copyright parol :: adj. oral. See also: parol evidence rule ... oral. See also: parol evidence rule parol evidence rule :: n. if there is evidence in writing (such as a sign ... or contradict the written document. |