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Dictionary of Law |
Founded: 407 subpena :: (subpoena): (suh-pea-nah) n. an order of the court ... ubpena duces tecum subpoena witness inspection of documents :: n. the right to examine and copy the opposing part ... evidence subpena duces tecum trial pretrial discovery :: n. See also: discovery ... n. See also: discovery process :: n. in law, the legal means by which a person is re ... service of process subpena summons tainted evidence :: n. in a criminal trial, information which has been ... e search and seizure search warrant after-discovered evidence :: n. evidence found by a losing party after a trial ... also: evidence writ of coram nobis circumstantial evidence :: n. evidence in a trial which is not directly from ... circumstantial. See also: evidence trial :: n. the examination of facts and law presided over ... at a hearing held at a later time. suppression of evidence :: n. 1) a judge's determination not to allow evidenc ... the prosecutor. See also: evidence best evidence rule :: n. the legal doctrine that an original piece of ev ... ence in a trial. See also: evidence documentary evidence :: n. any document (paper) which is presented and all ... evancy. See also: document evidence incompetent evidence :: n. testimony, documents or things which one side a ... ns. See also: incompetent objection incontrovertible evidence :: n. evidence introduced to prove a fact in a trial ... erson is not the parent of a child. insufficient evidence :: n. a finding (decision) by a trial judge or an app ... l court. See also: evidence finding evidence :: n. every type of proof legally presented at trial ... material object objection relevant preponderance of the evidence :: n. the greater weight of the evidence required in ... what subjective. See also: evidence demonstrative evidence :: n. actual objects, pictures, models and other devi ... the trial judge. See also: evidence retrial :: n. a new trial granted upon the motion of the losi ... al or reversed by an appeals court. reciprocal discovery :: n. the exchange of documents, lists of witnesses, ... n before trial. See also: discovery discovery :: n. the entire efforts of a party to a lawsuit and ... ee also: deposition interrogatories admissible evidence :: n. evidence which the trial judge finds is useful ... olving violence. See also: evidence admission of evidence :: n. a judge's acceptance of evidence in a trial. Se ... ence in a trial. See also: evidence summary adjudication of issues :: n. a court order ruling that certain factual issue ... is made. See also: summary judgment jury trial :: n. a trial of a lawsuit or criminal prosecution in ... the final judgment. See also: jury speedy trial :: n. in criminal prosecutions, the right of a defend ... hurt by the waiver. See also: trial trial court :: n. the court which holds the original trial, as di ... a court of appeals. See also: trial motion for a new trial :: n. a request made by the loser for the case to be ... hstanding the verdict motion N.O.V. subpoena :: n. the original spelling of subpena, still commonl ... e also: subpena subpena duces tecum mistrial :: n. the termination of a trial before its normal co ... from the beginning. See also: trial corroborating evidence :: n. evidence which strengthens, adds to, or confirm ... confirms already existing evidence. direct evidence :: n. real, tangible or clear evidence of a fact, hap ... o: circumstantial evidence evidence clear and convincing evidence :: n. evidence that proves a matter by the "preponder ... See also: beyond a reasonable doubt court trial :: ("non-jury trial"): a trial with a judge but no ju ... : a trial with a judge but no jury. DNA :: n. scientifically, deoxyribonucleic acid, a chromo ... is strongly in favor of admission. weight of evidence :: n. the strength, value and believability of eviden ... dence preponderance of the evidence work product :: n. the writings, notes, memoranda, reports on conv ... ies to be employed by the attorney. parol evidence rule :: n. if there is evidence in writing (such as a sign ... or contradict the written document. deposition :: n. the taking and recording of testimony of a witn ... See also: deponent depose discovery trial de novo :: n. a form of appeal in which the appeals court hol ... from small claims court judgments. brought to trial :: v. the act of actually beginning a trial, usually ... y or beginning opening statements). turn states' evidence :: v. for a person accused of a crime to decide to gi ... recommendation of a light sentence. open court :: n. the conduct of judicial proceedings (trials, he ... which are usually held in chambers. motive :: n. in criminal investigation the probable reason a ... is not necessary to prove a crime. non-suit :: n. a ruling by the judge in a lawsuit either when ... the defendant. See also: dismissal offer of proof :: n. an explanation made by an attorney to a judge d ... rial irrelevant objection testimony objection :: n. a lawyer's protest about the legal propriety of ... ng question object overrule sustain nolle prosequi :: (no-lay pro-say-kwee) n. Latin for "we shall no lo ... nocent and declared nolle prosequi. marked for identification :: adj. documents or objects presented during a trial ... exhibit lay a foundation objection jurisdiction :: n. the authority given by law to a court to try ca ... Superior Court Supreme Court venue jury stress :: n. a form of mental, emotional, psychological, phy ... do the right thing. See also: jury irrelevant :: adj. not important, pertinent, or germane to the m ... ce immaterial incompetent objection information :: n. an accusation or criminal charge brought by the ... Jury indictment preliminary hearing inference :: n. a rule of logic applied to evidence in a trial, ... . See also: circumstantial evidence magistrate :: n. 1) a generic term for any judge of a court, or ... ce of the peace preliminary hearing opening statement :: n. the explanation by the attorneys for both sides ... rgument. See also: closing argument 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 moral certainty :: n. in a criminal trial, the reasonable belief (but ... : beyond a reasonable doubt verdict McNabb-Mallory rule :: n. a federal rule of evidence in criminal trials t ... present. See also: Miranda warning matter of record :: n. anything, including testimony, evidence, ruling ... cussions not written down or taped. motion to suppress :: n. a motion (usually on behalf of a criminal defen ... eshold." See also: motion in limine proffer :: v. to offer evidence in a trial. ... v. to offer evidence in a trial. temporary insanity :: n. in a criminal prosecution, a defense by the acc ... diminished capacity insanity intent submitted :: n. the conclusion of all evidence and argument in ... , no further argument is permitted. shifting the burden of proof :: n. the result of the plaintiff in a lawsuit meetin ... o: burden of proof prima facie case sequester :: v. to keep separate or apart. In so-called "high-p ... of others. See also: sequestration testify :: v. to give oral evidence under oath in answer to q ... deposition evidence testimony trial testimony :: n. oral evidence given under oath by a witness in ... tion evidence testify trial witness Bill of Rights :: n. the first ten amendments to the federal Constit ... ved to the states or to the people. witness :: 1) n. a person who testifies under oath in a trial ... lso: deposition evidence trial will verdict :: n. the decision of a jury after a trial, which mus ... nt quotient verdict special verdict ultimate fact :: n. in a trial, a conclusion of fact which is logic ... is not evidence. See also: evidence roadside test :: n. a preliminary test law enforcement officers use ... g while intoxicated Miranda warning indictment :: n. a charge of a felony (serious crime) voted by a ... ictable offense preliminary hearing probative value :: n. evidence which is sufficiently useful to prove ... prior actions. See also: probative prime suspect :: n. the one person law enforcement officers believe ... in trial. See also: Miranda warning prima facie :: : (pry-mah fay-shah) adj. Latin for "at first look ... t" case. See also: prima facie case 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 reasonable doubt :: n. not being sure of a criminal defendant's guilt ... also: preponderance of the evidence remote :: adj., adv. extremely far off or slight. Evidence m ... ee also: immaterial proximate cause relevant :: adj. having some reasonable connection with, and i ... nt." See also: irrelevant objection record :: 1) v. (ree-cored) to put a document into the offic ... eeding race to the courthouse trial overrule :: v. 1) to reject an attorney's objection to a quest ... : appellate court objection sustain star chamber proceedings :: n. any judicial or quasi-judicial action, trial or ... ate 1960s. See also: kangaroo court exclusionary rule :: n. the rule that evidence secured by illegal means ... e poisonous tree motion to suppress joinder of issue :: n. that point in a lawsuit when the defendant has ... matters are to be decided by trial. admit :: v. 1) to state something is true in answering a co ... tted." See also: admission evidence exception :: n. 1) a formal objection during trial ("We take ex ... cluded. See also: exception in deed summary judgment :: n. a court order ruling that no factual issues rem ... tion summary adjudication of issues expert witness :: n. a person who is a specialist in a subject, ofte ... sitions. See also: expert testimony comment :: n. a statement made by a judge or an attorney duri ... e rung, cannot be unrung," applies. extrajudicial :: adj. referring to actions outside the judicial (co ... gnized by the judge during a trial. status conference :: n. a pre-trial meeting of attorneys before a judge ... g a trial date. See also: discovery examination :: n. 1) the questioning of a witness by an attorney. ... irect examination testimony witness competent :: adj. 1) in general, able to act in the circumstanc ... all bases. See also: evidence will criminal justice :: n. a generic term for the procedure by which crimi ... endered and punishment carried out. corroborate :: v. to confirm and sometimes add substantiating (re ... l. See also: corroborating evidence conclusion of fact :: n. in a trial, the final result of an analysis of ... quested. See also: finding judgment confidential communication :: n. certain written communications which can be kep ... privilege privileged communication conclusion :: n. 1) in general, the end. 2) in a trial, when all ... onclusion of fact conclusion of law abuse of discretion :: n. a polite way of saying a trial judge has made s ... partner's realistic ability to pay. election of remedies :: n. an outmoded requirement that if a plaintiff (pa ... dence has not been fully presented. double jeopardy :: n. placing someone on trial a second time for an o ... that occurred thirty years earlier. dismiss :: v. the ruling by a judge that all or a portion (on ... nst that party. See also: dismissal fact :: n. an actual thing or happening, which must be pro ... dge if he/she sits without a jury). exhibit :: n. 1) a document or object (including a photograph ... ncorporated into the main document. appeal :: 1) v. to ask a higher court to reverse the decisio ... ng, as in "he has filed an appeal." impeach :: v. 1) to discredit the testimony of a witness by p ... ve been found guilty by the Senate. hearing :: n. any proceeding before a judge or other magistra ... e hearing preliminary hearing trial incompetent :: adj. 1) referring to a person who is not able to m ... n incompetency incompetent evidence beyond a reasonable doubt :: adj. part of jury instructions in all criminal tri ... on moral certainty reasonable doubt burden of proof :: n. the requirement that the plaintiff (the party b ... ence prima facie weight of evidence bifurcation :: n. the act of a judge in dividing issues before a ... on the other issue. (See bifurcate immaterial :: adj. a commonly heard objection to introducing evi ... ons. See also: irrelevant objection in limine :: (in lim-in-ay) from Latin for "at the threshold," ... otion. See also: motion to suppress interrogatories :: n. a set of written questions to a party to a laws ... ing. See also: deposition discovery fictitious defendants :: n. when a party suing (plaintiff) is not sure if h ... are not permitted in federal cases. closing argument :: n. the final argument by an attorney on behalf of ... . See also: opening statement trial bifurcate :: v. the order or ruling of a judge that one issue i ... is necessary. See also: bifurcation fraud :: n. the intentional use of deceit, a trick or some ... audulent conveyance intrinsic fraud fruit of the poisonous tree :: n. in criminal law, the doctrine that evidence dis ... property. See also: Miranda warning harmless error :: n. an error by a judge in the conduct of a trial w ... ar to be harmless." See also: error Grand Jury :: n. a jury in each county or federal court district ... arge indictment preliminary hearing subpena duces tecum :: : (suh-pea-nah dooh-chess-take-uhm or dooh-kess-ta ... ng a court order. See also: witness just compensation :: n. 1) in general a fair and reasonable amount of m ... ation make one whole quantum meruit not guilty :: n. 1) plea of a person who claims not to have comm ... t guilty by reason of insanity plea lie detector test :: n. a popular name for a polygraph which tests the ... be referred to. See also: polygraph long cause :: n. a lawsuit in which it is estimated that a trial ... dar call court calendar short cause leading question :: n. a question asked of a witness by an attorney du ... e also: cross-examination objection juvenile court :: n. a special court or department of a trial court ... See also: court juvenile delinquent leading :: 1) v. short for "leading the witness," in which th ... tness leading the witness objection justice of the peace :: (JP) n. a judge who handles minor legal matters su ... ersons to qualify by taking a test. leading the witness :: n. asking a question during a trial or deposition ... n hostile witness leading objection not guilty by reason of insanity :: n. plea in court of a person charged with a crime ... fense not guilty temporary insanity material witness :: n. a person who apparently has information about t ... e. See also: material trial witness no fault insurance :: n: a type of automobile insurance required of car ... ling lawsuits. See also: negligence statute of limitations :: n. a law which sets the maximum period which one c ... ies. See also: demurrer laches toll 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. multiplicity of suits :: n. several actual or potential lawsuits which shou ... e can order the cases consolidated. motion for a summary judgment :: n. a written request for a judgment in the moving ... strict procedures. See also: motion Miranda warning :: n. the requirement, also called the Miranda rule, ... me such a suspect? See also: rights non-conforming use :: n. the existing use (residential, commercial, agri ... eneral plan grandfathered in zoning mandamus :: (man-dame-us) n. Latin for "we order," a writ (mor ... mandamus. See also: writ of mandate malpractice :: n. An act or continuing conduct of a professional ... eed. See also: errors and omissions mandate :: n. 1) any mandatory order or requirement under sta ... See also: mandamus writ of mandate martial law :: n. a system of complete control by a country's mil ... n and women. See also: military law minutes :: n. 1) the written record of meetings, particularly ... court reporter if recorded at all. nisi prius :: : (nee-see pree-us) adj. Latin for "unless first," ... : original jurisdiction trial court lower court :: n. 1) any court of lesser rank, such as municipal ... ruled Defendant had no basis for:." judge :: 1) n. an official with the authority and responsib ... ice justice of the peace magistrate first impression :: adj. referring to a legal issue which has never be ... s for both sides to assist him/her. finding :: n. the determination of a factual question vital ( ... e case. See also: conclusion of law final settlement :: n. an agreement reached by the parties to a lawsui ... rneys present. See also: settlement forensic :: 1) adj. from Latin forensis for "belonging to the ... in legal matters, including trials. forum :: n. a court which has jurisdiction to hold a trial ... f a particular lawsuit or petition. go bail :: v. slang for putting up the bail money to get an a ... arrest or pending trial or appeal. gag order :: n. a judge's order prohibiting the attorneys and t ... st day in office, January 22, 1993. forum non conveniens :: (for-uhm nahn cahn-vee-nee-ehns) n. Latin for a fo ... most convenient location for trial. final judgment :: n. the written determination of a lawsuit by the j ... : final decree interlocutory decree federal courts :: n. the court system which handles civil and crimin ... rans' appeals. See also: bankruptcy district court :: n. 1) in the federal court system, a trial court f ... urt in some states. See also: court discretion :: n. the power of a judge, public official or a priv ... t a variance to a zoning ordinance. directed verdict :: n. a verdict by a jury based on the specific direc ... element judgment jury trial verdict eminent domain :: n. the power of a governmental entity (federal, st ... ngs. See also: condemn condemnation enter a judgment :: v. to officially record a judgment on the "judgmen ... ounced. See also: entry of judgment fact finder (finder of fact) :: n. in a trial of a lawsuit or criminal prosecution ... n facts. See also: question of fact expert testimony :: n. opinions stated during trial or deposition (tes ... inal case. See also: expert witness error :: n. a mistake by a judge in procedure or in substan ... or. See also: harmless error remand hearsay rule :: n. the basic rule that testimony or documents whic ... interest dying declaration hearsay hostile witness :: n. technically an "adverse witness" in a trial who ... so: adverse witness leading witness judicial discretion :: n. the power of the judge to make decisions on som ... iscretion beyond his/her authority. judgment notwithstanding the verdict :: (N.O.V.) n. reversal of a jury's verdict by the tr ... veredicto. See also: N.O.V. verdict O.R. :: n. short for "own recognizance," meaning the judge ... "OR-ed." See also: own recognizance judicial proceedings :: n. any action by a judge re: trials, hearings, pet ... efore the court. See also: judicial juror :: n. any person who actually serves on a jury. Lists ... : Grand Jury jury jury panel venire jury fees :: n. the rather minimal amount paid each day to juro ... ees as a court cost. See also: jury jury box :: n. the enclosed area in which the jury sits in ass ... a jury trial. See also: juror jury jury :: n. one of the remarkable innovations of the Englis ... hallenge sequester venire voir dire jeopardy :: n. peril, particularly danger of being charged wit ... ar Evers. See also: double jeopardy intervention :: n. the procedure under which a third party may joi ... rvene joinder multiplicity of suits impleader :: n. a procedural device before trial in which a par ... than having two suits in a series. impeachment :: n. 1) discrediting a witness by showing that he/sh ... the trial itself. See also: impeach hung jury :: n. slang for a hopelessly deadlocked jury in a cri ... also: dismissal jury mistrial trial in absentia :: (in ab-sensh-ee-ah) adj. or adv. phrase. Latin for ... tin Bormann, Hitler's closest aide. injunctive relief :: n. a court-ordered act or prohibition against an a ... t injunction restraining order writ interim order :: n. a temporary order of the court pending a hearin ... erlocutory decree restraining order insanity :: n. mental illness of such a severe nature that a p ... M'Naughten rule temporary insanity innocent :: adj. without guilt (not guilty). Usually the plea ... also: arraignment plea plea bargain jury panel :: n. the list from which jurors for a particular tri ... may be chosen. See also: juror jury piracy :: n. the crime of robbery of ships or boats on the o ... here the accused has been captured. shortening time :: n. an order of the court in response to the motion ... e notice is served within 24 hours. short cause :: n. a lawsuit which is estimated by the parties (us ... l be reset later as a "long cause." severance :: n. 1) a separating by court order, such as separat ... le a potential claim for discharge. small claims court :: n. a division of most municipal, city or other low ... od example of a small claims court. solicitor :: n. an English attorney who may perform all legal s ... s or barristers. See also: attorney special appearance :: n. the representation by an attorney of a person i ... anged. See also: general appearance Solicitor General :: n. the chief trial attorney in the federal Departm ... Attorney General in the Department. settlement :: n. the resolution of a lawsuit (or of a legal disp ... ult in settlement. See also: settle settle :: v. to resolve a lawsuit without a final court judg ... rior to trial. See also: settlement riparian rights :: n. the right of the owner of the land forming the ... elled away from its natural course. review :: n. the judicial consideration of a lower court jud ... ate court reversal reversible error reversible error :: n. a legal mistake at the trial court level which ... nt at the trial. See also: reversal sealing of records :: n. trial records and decisions which a judge order ... eep the terms from public scrutiny. sequestration :: n. the act of a judge issuing an order that a jury ... during trial). See also: sequester setting :: n. the action of a court, clerk or commissioner in ... g a trial or hearing. See also: set set :: v. to schedule, as to "set a case for trial." ... dule, as to "set a case for trial." stare decisis :: : (stah-ree duh-sigh-sis) n. Latin for "to stand b ... pellate court lower court precedent summation :: n. the final argument of an attorney at the close ... 's case. See also: closing argument voir dire :: (vwahr [with a near-silent "r"] deer) n. from Fren ... t witness jury peremptory challenge vigilante :: n. someone who takes the law into his/her own hand ... lester of her child is a vigilante. venue :: n. 1) the proper or most convenient location for t ... ion. See also: forum non conveniens waive :: v. to voluntarily give up something, including not ... the other state). See also: waiver will contest :: n. a lawsuit challenging the validity of a will an ... so: in terrorem clause probate will zoning :: n. a system of developing a city or county plan in ... овской гарантии . |