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Dictionary of Law |
Founded: 395 opening statement :: n. the explanation by the attorneys for both sides ... rgument. See also: closing argument trial :: n. the examination of facts and law presided over ... at a hearing held at a later time. brought to trial :: v. the act of actually beginning a trial, usually ... y or beginning opening statements). agreed statement :: n. occasionally the two parties on opposite sides ... gument and not of the actual facts. mistrial :: n. the termination of a trial before its normal co ... from the beginning. See also: trial 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. Restatement of the Law :: n. a series of detailed statements of the basic la ... tracts, property, torts and trusts. speedy trial :: n. in criminal prosecutions, the right of a defend ... hurt by the waiver. See also: trial jury trial :: n. a trial of a lawsuit or criminal prosecution in ... the final judgment. See also: jury motion for a new trial :: n. a request made by the loser for the case to be ... hstanding the verdict motion N.O.V. retrial :: n. a new trial granted upon the motion of the losi ... al or reversed by an appeals court. court trial :: ("non-jury trial"): a trial with a judge but no ju ... : a trial with a judge but no jury. dismiss :: v. the ruling by a judge that all or a portion (on ... nst that party. See also: dismissal closing argument :: n. the final argument by an attorney on behalf of ... . See also: opening statement trial final settlement :: n. an agreement reached by the parties to a lawsui ... rneys present. See also: settlement reply brief :: n. the written legal argument of the respondent (t ... ee also: appeal appellee respondent conclusion of law :: n. a judge's final decision on a question of law w ... aw if requested. See also: judgment comment :: n. a statement made by a judge or an attorney duri ... e rung, cannot be unrung," applies. status conference :: n. a pre-trial meeting of attorneys before a judge ... g a trial date. See also: discovery confess :: v. in criminal law, to voluntarily state that one ... Miranda warning self-incrimination hearsay rule :: n. the basic rule that testimony or documents whic ... interest dying declaration hearsay fruit of the poisonous tree :: n. in criminal law, the doctrine that evidence dis ... property. See also: Miranda warning exception :: n. 1) a formal objection during trial ("We take ex ... cluded. See also: exception in deed evidence :: n. every type of proof legally presented at trial ... material object objection relevant ultimate fact :: n. in a trial, a conclusion of fact which is logic ... is not evidence. See also: evidence impeach :: v. 1) to discredit the testimony of a witness by p ... ve been found guilty by the Senate. confession :: n. the statement of one charged with a crime that ... Miranda warning self-incrimination motion in limine :: (lim-in-nay) n. Latin for "threshold," a motion ma ... o: in limine Miranda warning motion registration statement :: n. a detailed report to be filed with the Securiti ... See also: blue sky laws prospectus oath :: n. 1) a swearing to tell the truth, the whole trut ... ountry. See also: affidavit perjury appeal :: 1) v. to ask a higher court to reverse the decisio ... ng, as in "he has filed an appeal." McNabb-Mallory rule :: n. a federal rule of evidence in criminal trials t ... present. See also: Miranda warning nolle prosequi :: (no-lay pro-say-kwee) n. Latin for "we shall no lo ... nocent and declared nolle prosequi. pretrial discovery :: n. See also: discovery ... n. See also: discovery charge :: n. 1) in a criminal case, the specific statement o ... trial judge. 3) a fee for services. physician-patient privilege :: n. the right and obligation of a physician to refu ... onfidential communication privilege prime suspect :: n. the one person law enforcement officers believe ... in trial. See also: Miranda warning admission :: n. a statement made by a party to a lawsuit or a c ... mission against interest confession M'Naughten rule :: n. a traditional "right and wrong" test of legal i ... temporary insanity Twinkie defense lower court :: n. 1) any court of lesser rank, such as municipal ... ruled Defendant had no basis for:." moral certainty :: n. in a criminal trial, the reasonable belief (but ... : beyond a reasonable doubt verdict magistrate :: n. 1) a generic term for any judge of a court, or ... ce of the peace preliminary hearing material witness :: n. a person who apparently has information about t ... e. See also: material trial witness marked for identification :: adj. documents or objects presented during a trial ... exhibit lay a foundation objection mandate :: n. 1) any mandatory order or requirement under sta ... See also: mandamus writ of mandate mandamus :: (man-dame-us) n. Latin for "we order," a writ (mor ... mandamus. See also: writ of mandate martial law :: n. a system of complete control by a country's mil ... n and women. See also: military law malpractice :: n. An act or continuing conduct of a professional ... eed. See also: errors and omissions minutes :: n. 1) the written record of meetings, particularly ... court reporter if recorded at all. matter of record :: n. anything, including testimony, evidence, ruling ... cussions not written down or taped. Miranda warning :: n. the requirement, also called the Miranda rule, ... me such a suspect? See also: rights motion to suppress :: n. a motion (usually on behalf of a criminal defen ... eshold." See also: motion in limine on the stand :: prep. testifying during a trial, in which the witn ... troom and behind a knee-high panel. open court :: n. the conduct of judicial proceedings (trials, he ... which are usually held in chambers. 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 object :: 1) v. to ask the court not to allow a particular q ... he contract..." See also: objection opinion :: n. the explanation of a court's judgment. When a t ... which the author is not specified. original jurisdiction :: n. the authority of a court to hold a trial, as di ... l judgments. See also: jurisdiction partial verdict :: n. in a criminal trial, the result when the jury f ... re other charges. See also: verdict pardon :: 1) v. to use the executive power of a Governor or ... also: amnesty commutation reprieve own recognizance :: (O.R.) n. the basis for a judge allowing a person ... n recognizance. See also: bail O.R. overrule :: v. 1) to reject an attorney's objection to a quest ... : appellate court objection sustain O.R. :: n. short for "own recognizance," meaning the judge ... "OR-ed." See also: own recognizance not guilty by reason of insanity :: n. plea in court of a person charged with a crime ... fense not guilty temporary insanity motive :: n. in criminal investigation the probable reason a ... is not necessary to prove a crime. long cause :: n. a lawsuit in which it is estimated that a trial ... dar call court calendar short cause motion to strike :: n. a request for a judge's order to eliminate all ... be unrung." See also: motion strike motion for a summary judgment :: n. a written request for a judgment in the moving ... strict procedures. See also: motion multiplicity of suits :: n. several actual or potential lawsuits which shou ... e can order the cases consolidated. nisi prius :: : (nee-see pree-us) adj. Latin for "unless first," ... : original jurisdiction trial court not guilty :: n. 1) plea of a person who claims not to have comm ... t guilty by reason of insanity plea non-suit :: n. a ruling by the judge in a lawsuit either when ... the defendant. See also: dismissal non-conforming use :: n. the existing use (residential, commercial, agri ... eneral plan grandfathered in zoning no fault insurance :: n: a type of automobile insurance required of car ... ling lawsuits. See also: negligence motion :: n. a formal request made to a judge for an order o ... g, an oral motion may be permitted. juvenile court :: n. a special court or department of a trial court ... See also: court juvenile delinquent innocent :: adj. without guilt (not guilty). Usually the plea ... also: arraignment plea plea bargain injunctive relief :: n. a court-ordered act or prohibition against an a ... t injunction restraining order writ 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 insanity :: n. mental illness of such a severe nature that a p ... M'Naughten rule temporary insanity inspection of documents :: n. the right to examine and copy the opposing part ... evidence subpena duces tecum trial intervention :: n. the procedure under which a third party may joi ... rvene joinder multiplicity of suits interrogatories :: n. a set of written questions to a party to a laws ... ing. See also: deposition discovery interim order :: n. a temporary order of the court pending a hearin ... erlocutory decree restraining order insufficient evidence :: n. a finding (decision) by a trial judge or an app ... l court. See also: evidence finding harmless error :: n. an error by a judge in the conduct of a trial w ... ar to be harmless." See also: error indictment :: n. a charge of a felony (serious crime) voted by a ... ictable offense preliminary hearing impleader :: n. a procedural device before trial in which a par ... than having two suits in a series. hostile witness :: n. technically an "adverse witness" in a trial who ... so: adverse witness leading witness impeachment :: n. 1) discrediting a witness by showing that he/sh ... the trial itself. See also: impeach immaterial :: adj. a commonly heard objection to introducing evi ... ons. See also: irrelevant objection in absentia :: (in ab-sensh-ee-ah) adj. or adv. phrase. Latin for ... tin Bormann, Hitler's closest aide. in limine :: (in lim-in-ay) from Latin for "at the threshold," ... otion. See also: motion to suppress incontrovertible evidence :: n. evidence introduced to prove a fact in a trial ... erson is not the parent of a child. incompetent evidence :: n. testimony, documents or things which one side a ... ns. See also: incompetent objection 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 irrelevant :: adj. not important, pertinent, or germane to the m ... ce immaterial incompetent objection jeopardy :: n. peril, particularly danger of being charged wit ... ar Evers. See also: double jeopardy just compensation :: n. 1) in general a fair and reasonable amount of m ... ation make one whole quantum meruit jury stress :: n. a form of mental, emotional, psychological, phy ... do the right thing. See also: jury jury panel :: n. the list from which jurors for a particular tri ... may be chosen. See also: juror jury jury fees :: n. the rather minimal amount paid each day to juro ... ees as a court cost. See also: jury justice of the peace :: (JP) n. a judge who handles minor legal matters su ... ersons to qualify by taking a test. hung jury :: n. slang for a hopelessly deadlocked jury in a cri ... also: dismissal jury mistrial trial go bail :: v. slang for putting up the bail money to get an a ... arrest or pending trial or appeal. leading the witness :: n. asking a question during a trial or deposition ... n hostile witness leading objection leading question :: n. a question asked of a witness by an attorney du ... e also: cross-examination objection leading :: 1) v. short for "leading the witness," in which th ... tness leading the witness objection people :: n. the designation for the prosecuting government ... secutions, United States v. Miller. jury box :: n. the enclosed area in which the jury sits in ass ... a jury trial. See also: juror jury Grand Jury :: n. a jury in each county or federal court district ... arge indictment preliminary hearing judgment notwithstanding the verdict :: (N.O.V.) n. reversal of a jury's verdict by the tr ... veredicto. See also: N.O.V. verdict judge :: 1) n. an official with the authority and responsib ... ice justice of the peace magistrate joinder of issue :: n. that point in a lawsuit when the defendant has ... matters are to be decided by trial. judicial discretion :: n. the power of the judge to make decisions on som ... iscretion beyond his/her authority. judicial proceedings :: n. any action by a judge re: trials, hearings, pet ... efore the court. See also: judicial jury :: n. one of the remarkable innovations of the Englis ... hallenge sequester venire voir dire juror :: n. any person who actually serves on a jury. Lists ... : Grand Jury jury jury panel venire jurisdiction :: n. the authority given by law to a court to try ca ... Superior Court Supreme Court venue lie detector test :: n. a popular name for a polygraph which tests the ... be referred to. See also: polygraph pro hac vice :: : (proh hock vee-chay) prep. Latin for "this time ... association with a local attorney. submitted :: n. the conclusion of all evidence and argument in ... , no further argument is permitted. stare decisis :: : (stah-ree duh-sigh-sis) n. Latin for "to stand b ... pellate court lower court precedent star chamber proceedings :: n. any judicial or quasi-judicial action, trial or ... ate 1960s. See also: kangaroo court special appearance :: n. the representation by an attorney of a person i ... anged. See also: general appearance subpena :: (subpoena): (suh-pea-nah) n. an order of the court ... ubpena duces tecum subpoena witness summary adjudication of issues :: n. a court order ruling that certain factual issue ... is made. See also: summary judgment suppression of evidence :: n. 1) a judge's determination not to allow evidenc ... the prosecutor. See also: evidence Superior Court :: n. the name used in 16 states for the basic county ... county trial court. See also: court summation :: n. the final argument of an attorney at the close ... 's case. See also: closing argument summary judgment :: n. a court order ruling that no factual issues rem ... tion summary adjudication of issues Solicitor General :: n. the chief trial attorney in the federal Departm ... Attorney General in the Department. solicitor :: n. an English attorney who may perform all legal s ... s or barristers. See also: attorney 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 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." severance :: n. 1) a separating by court order, such as separat ... le a potential claim for discharge. shifting the burden of proof :: n. the result of the plaintiff in a lawsuit meetin ... o: burden of proof prima facie case small claims court :: n. a division of most municipal, city or other low ... od example of a small claims court. 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." Supreme Court :: n. 1) the highest court in the United States, whic ... rt in other states. See also: court sustain :: v. in trial practice, for a judge to agree that an ... /she will "overrule" the objection. waive :: v. to voluntarily give up something, including not ... the other state). See also: waiver 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. verdict :: n. the decision of a jury after a trial, which mus ... nt quotient verdict special verdict will contest :: n. a lawsuit challenging the validity of a will an ... so: in terrorem clause probate will witness :: 1) n. a person who testifies under oath in a trial ... lso: deposition evidence trial will zoning :: n. a system of developing a city or county plan in ... овской гарантии . |