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Dictionary of Law |
specific finding :: legal definitionSpecific finding - n. a decision on a fact made by a jury in its verdict and which the judge has requested the jury to determine as part of its deliberations. Often the judge gives a jury a list of decisions on findings of fact to be made to help the jurors focus on the issues. Example: Findings: Was defendant exceeding the speed limit?-yes; Was defendant negligent?-yes; If defendant was negligent, was the negligence a proximate cause of damages to defendant?-yes; and so forth. See also: special verdict 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 bias :: n. the predisposition of a judge, arbitrator, pros ... ire. See also: hometowned voir dire 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 challenge :: n. the right of each attorney in a jury trial to r ... ess. See also: peremptory challenge comparative negligence :: n. a rule of law applied in accident cases to dete ... utory negligence damages negligence conclusion :: n. 1) in general, the end. 2) in a trial, when all ... onclusion of fact conclusion of law conclusion of fact :: n. in a trial, the final result of an analysis of ... quested. See also: finding judgment confession and avoidance :: n. when a defendant admits the allegations in a co ... tries to avoid their legal impact. crime of passion :: n. a defendant's excuse for committing a crime due ... dant. See also: manslaughter murder dictum :: n. Latin for "remark," a comment by a judge in a d ... cta)." See also: dicta obiter dicta directed verdict :: n. a verdict by a jury based on the specific direc ... element judgment jury trial verdict examination :: n. 1) the questioning of a witness by an attorney. ... irect examination testimony witness fact :: n. an actual thing or happening, which must be pro ... dge if he/she sits without a jury). fact finder (finder of fact) :: n. in a trial of a lawsuit or criminal prosecution ... n facts. See also: question of fact 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 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 insanity :: n. mental illness of such a severe nature that a p ... M'Naughten rule temporary insanity joint and several :: adj. referring to a debt or a judgment for neglige ... ution contributory negligence joint judgment notwithstanding the verdict :: (N.O.V.) n. reversal of a jury's verdict by the tr ... veredicto. See also: N.O.V. verdict judicial discretion :: n. the power of the judge to make decisions on som ... iscretion beyond his/her authority. jury :: n. one of the remarkable innovations of the Englis ... hallenge sequester venire voir dire last clear chance :: n. a rule of law in determining responsibility for ... contributory negligence negligence liability :: n. one of the most significant words in the field ... bility joint tortfeasors negligence 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 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 to strike :: n. a request for a judge's order to eliminate all ... be unrung." See also: motion strike N.O.V. :: adj. shorthand acronym of Latin for non obstante v ... notwithstanding the verdict verdic no contest :: n. in criminal law, a defendant's plea in court th ... : nolo contendere plea plea bargain not guilty :: n. 1) plea of a person who claims not to have comm ... t guilty by reason of insanity plea on the merits :: adj. referring to a judgment, decision or ruling o ... s if this mistake had not occurred. own recognizance :: (O.R.) n. the basis for a judge allowing a person ... n recognizance. See also: bail O.R. peer :: n. an equal. A "jury of one's peers," to which cri ... eria. See also: jury of one's peers plea :: n. 1) in criminal law, the response by an accused ... raignment plead preliminary hearing 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 prove :: v. to present evidence and/or logic that makes a f ... t or criminal case. See also: proof proximate cause :: n. a happening which results in an event, particul ... also: intervening cause negligence question of fact :: n. in a lawsuit or criminal prosecution, an issue ... also: finding judge question of law question of law :: n. an issue arising in a lawsuit or criminal prose ... udge question of fact trier of fact 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 special verdict :: n. the jury's decisions or findings of fact with t ... utation. See also: specific finding strike :: 1) v. to remove a statement from the record of the ... ing the business, factory or store. suspended sentence :: n. in criminal law, a penalty applied by a judge t ... may be enforced. See also: sentence time served :: n. the period a criminal defendant has been in jai ... o the defendant. See also: sentence 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 - Ssaid :: adj. a reference back to a thing that was previous ... automobile in a negligent manner."sale :: n. transfer of something (and title to it) in retu ... contract forced sale sheriff's sale salvage :: 1) v. to save goods. 2) n. payment to a person or ... which saves cargo from a shipwreck. sanction :: n. 1) a financial penalty imposed by a judge on a ... ction." See also: contempt of court satisfaction :: n. receiving payment or performance of what is due ... n contract satisfaction of judgment satisfaction of judgment :: n. a document signed by a judgment creditor (the p ... ord. See also: abstract of judgment satisfaction of mortgage :: n. a document signed by a lender acknowledging tha ... id off the debt. See also: mortgage save harmless :: v. 1) also called hold harmless, to indemnify (pro ... . See also: hold harmless indemnify savings and loan :: n. a banking and lending institution, chartered ei ... vings into the home finance market. scienter :: n. Latin for "having knowledge." In criminal law, ... ents were lies and thus fraudulent. scintilla :: n. Latin for "spark." Scintilla is commonly used i ... ark) upon which to base a judgment. scope of employment :: n. actions of an employee which further the busine ... ter and servant respondeat superior scrivener :: n. a person who writes a document for another, usu ... r practicing law without a license. seal :: n. a device which creates an impression upon paper ... e "sealed," but that is rare today. sealed verdict :: n. the decision of a jury when there is a delay in ... reconvenes. See also: jury verdict sealing of records :: n. trial records and decisions which a judge order ... eep the terms from public scrutiny. search :: v. 1) to examine another's premises (including a v ... e search and seizure search warrant search and seizure :: n. examination of a person's premises (residence, ... robable cause search search warrant search warrant :: n. a written order by a judge which permits a law ... ble cause search search and seizure second degree murder :: n. a non-premeditated killing, resulting from an a ... t degree murder manslaughter murder |