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Dictionary of Law |
Grand Jury :: legal definitionGrand Jury - n. a jury in each county or federal court district which serves for a term of a year and is usually selected from a list of nominees offered by the judges in the county or district. The traditional 23 members may be appointed or have their names drawn from those nominated. A Grand Jury has two responsibilities 1) to hear evidence of criminal accusations in possible felonies (major crimes) presented by the District Attorney and decide whether the accused should be indicted and tried for a crime. Since many felony charges are filed by the District Attorney in a municipal or other lower court which holds a preliminary hearing to determine if there is just cause for trial instead of having the Grand Jury hear the matter, this function is of minor importance in many jurisdictions. 2) to hear evidence of potential public wrong-doing by city and county officials, including acts which may not be crimes but are imprudent, ineffective or inefficient, and make recommendations to the county and cities involved. Example: a Grand Jury may recommend that a new jail is needed, find that there is evidence of favoritism in the sheriff's office, that some city council members are profiting by overlooking drug dealing by city staffers, or that judges are not carrying a full load of cases to be tried. See also: charge indictment 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.accusation :: n. 1) in legal terms accusation means officially c ... im of wrongdoing by another person. acquit :: v. what a jury or judge sitting without a jury doe ... ndant not guilty. See also: verdict administrator :: n. the person appointed by the court to handle the ... e also: administer executor probate admissible evidence :: n. evidence which the trial judge finds is useful ... olving violence. See also: evidence adverse witness :: n. a witness in a trial who is found by the judge ... r the opposition. See also: witness appearance :: n. the act of a party or an attorney showing up in ... neral appearance special appearance approach the bench :: v. an attorney's movement from the counsel table t ... ake a recess to go to the restroom. 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. attorney :: n. 1) an agent or someone authorized to act for an ... ialize. See also: court reciprocity attorney of record :: n. the attorney who has appeared in court and/or s ... eve have long since been completed. bail :: 1) n. the money or bond put up to secure the relea ... bond bail bondsman own recognizance bankruptcy :: n. a federal system of statutes and courts which p ... y proceedings trustee in bankruptcy bar examination :: n. the examination given in each state by either t ... n that district. See also: attorney 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. brief :: 1) n. a written legal argument, usually in a forma ... another person. See also: precedent capital offense :: n. any criminal charge which is punishable by the ... . See also: bail capital punishment challenge :: n. the right of each attorney in a jury trial to r ... ess. See also: peremptory challenge 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. clerk :: n. 1) an official or employee who handles the busi ... stocking shelves, or counter sales. closing argument :: n. the final argument by an attorney on behalf of ... . See also: opening statement trial 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 of law :: n. a judge's final decision on a question of law w ... aw if requested. See also: judgment concurrent sentences :: n. sentences for more than one crime which are to ... ith the longest period controlling. constitutional rights :: n. rights given or reserved to the people by the U ... e also: Bill of Rights constitution contempt of court :: n. there are essentially two types of contempt: a) ... roduce evidence. See also: sanction continuing objection :: n. an objection to certain questions or testimony ... ional distress. See also: objection 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 costs :: n. fees for expenses that the courts pass on to at ... ee also: cost bill prevailing party court-martial :: 1) n. a military court for trying offenses in viol ... the U.S. Court of Military Appeals. crime of passion :: n. a defendant's excuse for committing a crime due ... dant. See also: manslaughter murder criminal calendar :: n. the list of criminal cases to be called in cour ... e plea preliminary hearing sentence deposition :: n. the taking and recording of testimony of a witn ... See also: deponent depose discovery directed verdict :: n. a verdict by a jury based on the specific direc ... element judgment jury trial verdict disbar :: v. to remove an attorney from the list of practici ... legal ethics. (See moral turpitude dismiss :: v. the ruling by a judge that all or a portion (on ... nst that party. See also: dismissal District Attorney (D.A.) :: n. an elected official of a county or a designated ... dent and serve at his/her pleasure. district court :: n. 1) in the federal court system, a trial court f ... urt in some states. See also: court evidence :: n. every type of proof legally presented at trial ... material object objection relevant 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 extradition :: n. the surrender by one state or country of a pers ... ty. See also: fugitive from justice fact finder (finder of fact) :: n. in a trial of a lawsuit or criminal prosecution ... n facts. See also: question of fact federal courts :: n. the court system which handles civil and crimin ... rans' appeals. See also: bankruptcy felony :: n. 1) a crime sufficiently serious to be punishabl ... ion. See also: misdemeanor sentence felony murder doctrine :: n. a rule of criminal statutes that any death whic ... arged with murder. See also: murder file :: 1) v. to deposit with the clerk of the court a wri ... rrespondence and notes on the case. 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 general appearance :: n. an attorney's representation of a client in cou ... case. See also: special appearance grand larceny :: n. the crime of theft of another's property (inclu ... f the loot. See also: larceny theft guardian :: n. a person who has been appointed by a judge to t ... torship. See also: conservator ward 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 home rule :: n. the power of a local city or county to set up i ... state funds for local improvements. hostile witness :: n. technically an "adverse witness" in a trial who ... so: adverse witness leading witness impaneling :: n. the act of selecting a jury from the list of po ... e juror jury panel venire voir dire indictable offense :: n. a crime (offense) for which a Grand Jury rules ... o commit them. See also: indictment indictment :: n. a charge of a felony (serious crime) voted by a ... ictable offense preliminary hearing indigent :: 1) n. a person so poor and needy that he/she canno ... person who is very poor and needy. 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 irrelevant :: adj. not important, pertinent, or germane to the m ... ce immaterial incompetent objection joint and several :: adj. referring to a debt or a judgment for neglige ... ution contributory negligence joint joint powers agreement :: n. a contract between a city, a county and/or a sp ... istrict or other government entity. 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 judgment notwithstanding the verdict :: (N.O.V.) n. reversal of a jury's verdict by the tr ... veredicto. See also: N.O.V. verdict 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 juror :: n. any person who actually serves on a jury. Lists ... : Grand Jury jury jury panel venire 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 jury selection :: n. the means by which a jury is chosen, with a pan ... y panel peremptory challenge venire jury tampering :: n. the crime of attempting to influence a jury thr ... e also: jury subornation of perjury 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 lower court :: n. 1) any court of lesser rank, such as municipal ... ruled Defendant had no basis for:." magistrate :: n. 1) a generic term for any judge of a court, or ... ce of the peace preliminary hearing marked for identification :: adj. documents or objects presented during a trial ... exhibit lay a foundation objection misdemeanor :: n. a lesser crime punishable by a fine and/or coun ... tion are felonies. See also: felony misprision of a felony :: n. the crime of concealing another's felony (serio ... also: accessory aid and abet felony 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 :: 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 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 nolle prosequi :: (no-lay pro-say-kwee) n. Latin for "we shall no lo ... nocent and declared nolle prosequi. 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 offer of proof :: n. an explanation made by an attorney to a judge d ... rial irrelevant objection testimony 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. peremptory writ of mandate :: (or mandamus) n. a final order of a court to any g ... ve writ. See also: mandamus mandate perjury :: n. the crime of intentionally lying after being du ... ly made a mistake or misunderstood. permanent injunction :: n. a final order of a court that a person or entit ... ary injunction temporary injunction person :: n. 1) a human being. 2) a corporation treated as h ... amages. See also: corporation party petit jury :: n. old-fashioned name for the jury sitting to hear ... r duties. See also: Grand Jury jury 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 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 preponderance of the evidence :: n. the greater weight of the evidence required in ... what subjective. See also: evidence presentment :: n. 1) making a demand for payment of a promissory ... ee also: Grand Jury promissory note presiding judge :: n. 1) in both state and federal appeals court, the ... and chairs meetings of the judges. privileged communication :: n. statements and conversations made under circums ... See also: attorney-client privilege pro tem :: 1) adj. short for the Latin pro tempore, temporari ... as "Sam Collins is Pro Tem today." proof :: n. confirmation of a fact by evidence. In a trial, ... doubt preponderance of the evidence prosecute :: v. 1) in criminal law, to charge a person with a c ... rney General prosecution prosecutor public defender :: n. an elected or appointed public official (usuall ... to convicted indigents for appeals. reasonable doubt :: n. not being sure of a criminal defendant's guilt ... also: preponderance of the evidence 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 rogatory letters :: n. a written request by a judge to a judge in anot ... also: deposition testimony witness rules of court :: n. a set of procedural regulations adopted by cour ... s counsel. See also: procedure rule sanction :: n. 1) a financial penalty imposed by a judge on a ... ction." See also: contempt of court sealed verdict :: n. the decision of a jury when there is a delay in ... reconvenes. See also: jury verdict search and seizure :: n. examination of a person's premises (residence, ... robable cause search search warrant sedition :: n. the federal crime of advocacy of insurrection a ... e rare. See also: espionage treason sentence :: 1) n. the punishment given to a person convicted o ... ence restitution suspended sentence sequester :: v. to keep separate or apart. In so-called "high-p ... of others. See also: sequestration 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. speaking demurrer :: n. an attempt to introduce evidence during a heari ... the operation." See also: demurrer special appearance :: n. the representation by an attorney of a person i ... anged. See also: general appearance specific finding :: n. a decision on a fact made by a jury in its verd ... so forth. See also: special verdict strike :: 1) v. to remove a statement from the record of the ... ing the business, factory or store. 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 insanity :: n. in a criminal prosecution, a defense by the acc ... diminished capacity insanity intent testify :: v. to give oral evidence under oath in answer to q ... deposition evidence testimony trial 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. true bill :: n. the written decision of a Grand Jury (signed by ... to the court. See also: indictment turn states' evidence :: v. for a person accused of a crime to decide to gi ... recommendation of a light sentence. undue influence :: n. the amount of pressure which one uses to force ... ounder. See also: will will contest vehicular manslaughter :: n. the crime of causing the death of a human being ... gence manslaughter reckless driving 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 voir dire :: (vwahr [with a near-silent "r"] deer) n. from Fren ... t witness jury peremptory challenge warrant :: 1) n. an order (writ) of a court which directs a l ... e search and seizure search warrant witness stand :: n. a chair at the end of the judge's bench on the ... estimony clearly. See also: witness youthful offenders :: n. under-age people accused of crimes who are proc ... alty. See also: juvenile delinquent 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 - Ggag order :: n. a judge's order prohibiting the attorneys and t ... st day in office, January 22, 1993.garnish :: v. to obtain a court order directing a party holdi ... ed. See also: garnishee garnishment garnishee :: n. a person or entity, quite often a bank or emplo ... ourt. See also: garnish garnishment garnishment :: n. the entire process of petitioning for and getti ... heriff. See also: garnish garnishee gender bias :: n. unequal treatment in employment opportunity (su ... statutes. See also: discrimination general appearance :: n. an attorney's representation of a client in cou ... case. See also: special appearance general counsel :: n. the chief attorney for a corporation, who is pa ... e counsel." See also: house counsel general damages :: n. monetary recovery (money won) in a lawsuit for ... s exemplary damages special damages general denial :: n. a statement in an answer to a lawsuit or claim ... anguage. See also: answer complaint general partner :: n. 1) usually one of the owners and operators of a ... ted partnership partner partnership general plan :: n. a plan of a city, county or area which establis ... uture development. See also: zoning generation skipping :: adj., adv. referring to gifts made through trusts ... to a grandchild without a gift tax. gift :: n. the voluntary transfer of property (including m ... ift tax unified estate and gift tax gift in contemplation of death :: n. (called a gift causa mortis by lawyers showing ... ift tax unified estate and gift tax gift tax :: n. federal tax on large gifts. Gifts to members of ... ance in gift tax planning is vital. go bail :: v. slang for putting up the bail money to get an a ... arrest or pending trial or appeal. good cause :: n. a legally sufficient reason for a ruling or oth ... od cause shown, the court orders:." good faith :: n. honest intent to act without taking an unfair a ... plied to all kinds of transactions. Good Samaritan rule :: n. from a Biblical story, if a volunteer comes to ... a lawsuit for millions of dollars. good title :: n. ownership of real property which is totally fre ... or deed of trust on the property). |