Dictionary of Law
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gag order :: legal definition


Gag order - n. a judge's order prohibiting the attorneys and the parties to a pending lawsuit or criminal prosecution from talking to the media or the public about the case. The supposed intent is to prevent prejudice due to pre-trial publicity which would influence potential jurors. A gag order has the secondary purpose of preventing the lawyers from trying the case in the press and on television, and thus creating a public mood (which could get ugly) in favor of one party or the other. Based on the "freedom of the press" provision of the First Amendment, the court cannot constitutionally restrict the media from printing or broadcasting information about the case, so the only way is to put a gag on the participants under the court's control. In Canada, however, the media can be restricted, as in a famous case in which American newspapers were smuggled across the border to report on a particularly lurid sex-murder case in which a second accused person was yet to be tried. A gag order can also be made by an executive agency such as when President George Bush issued a gag order which forbade federally funded health clinics from giving out information about abortions, a gag order which President Bill Clinton rescinded on his first day in office, January 22, 1993.


Related Law Terms

abortion :: n. the termination of pregnancy by various means, ... ed abortion continue in the future.
adequate remedy :: n. a remedy (money or performance) awarded by a co ... es it, giving cause for his arrest.
administrator :: n. the person appointed by the court to handle the ... e also: administer executor probate
admission to bail :: n. an order of a court in a criminal case allowing ... lient. See also: bail bail bondsman
alimony :: n. support paid by one ex-spouse to the other as o ... ild support divorce spousal support
amicus curiae :: n. Latin for "friend of the court," a party or an ... party's presentation to the court.
appeal :: 1) v. to ask a higher court to reverse the decisio ... ng, as in "he has filed an appeal."
appearance :: n. the act of a party or an attorney showing up in ... neral appearance special appearance
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
attachment :: n. the seizing of money or property prior to getti ... bond. See also: writ of attachment
attorney of record :: n. the attorney who has appeared in court and/or s ... eve have long since been completed.
bailiff :: n. 1) a court official, usually a deputy sheriff, ... isdictional territory of a bailiff.
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
calendar :: 1) n. the list of cases to be called for trial bef ... clerk of the court calendars cases.
case :: n. short for a cause of action, lawsuit, or the ri ... ny, the court stated the rule as:."
case law :: n. reported decisions of appeals courts and other ... es. See also: case system precedent
certiorari :: n. (sersh-oh-rare-ee) a writ (order) of a higher c ... cedents (previously decided cases).
Chief Justice :: n. the presiding judge of any State Supreme Court ... nks of existing Associate Justices.
child custody :: n. a court's determination of which parent, relati ... pport custody divorce joint custody
citation :: n. 1) a notice to appear in court due to the proba ... se is not in point." See also: cite
clean hands doctrine :: n. a rule of law that a person coming to court wit ... ices. See also: affirmative defense
comity :: n. when one court defers to the jurisdiction of an ... of cases to which comity may apply.
comparative negligence :: n. a rule of law applied in accident cases to dete ... utory negligence damages negligence
complaint :: n. the first document filed with the court (actual ... g prayer service of process summons
consent decree :: n. an order of a judge based upon an agreement, al ... he same. See also: consent judgment
contempt of court :: n. there are essentially two types of contempt: a) ... roduce evidence. See also: sanction
corporation :: n. an organization formed with state governmental ... ation public corporation securities
cost bill :: n. a list of claimed court costs submitted by the ... also: court costs prevailing party
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
damages :: n. the amount of money which a plaintiff (the pers ... liquidated damages special damages
declaratory judgment :: n. a judgment of a court which determines the righ ... ys it. See also: declaratory relief
deposition :: n. the taking and recording of testimony of a witn ... See also: deponent depose discovery
docket :: 1) n. the cases on a court calendar. 2) n. brief n ... r or make notes on action in court.
enjoin :: v. for a court to order that someone either do a s ... so: injunction temporary injunction
equity :: n. 1) a venerable group of rights and procedures t ... ry enjoin equitable injunction writ
ex parte :: (ex par-tay, but popularly, ex party) adj. Latin m ... and place of any ex parte hearing.
fictitious defendants :: n. when a party suing (plaintiff) is not sure if h ... are not permitted in federal cases.
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
fraud :: n. the intentional use of deceit, a trick or some ... audulent conveyance intrinsic fraud
friendly suit :: n. a lawsuit filed in order to obtain a court orde ... eement in which there was an error.
garnish :: v. to obtain a court order directing a party holdi ... ed. See also: garnishee garnishment
guardian :: n. a person who has been appointed by a judge to t ... torship. See also: conservator ward
harmless error :: n. an error by a judge in the conduct of a trial w ... ar to be harmless." See also: error
hearsay rule :: n. the basic rule that testimony or documents whic ... interest dying declaration hearsay
impeach :: v. 1) to discredit the testimony of a witness by p ... ve been found guilty by the Senate.
indispensable party :: n. a person or entity which must be included in a ... tion to join Olivia as a defendant.
information :: n. an accusation or criminal charge brought by the ... Jury indictment preliminary hearing
informed consent :: n. agreement to do something or to allow something ... . See also: consent Miranda warning
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
interpleader :: n. the procedure when two parties are involved in ... e claimants fight over it in court.
interrogatories :: n. a set of written questions to a party to a laws ... ing. See also: deposition discovery
invasion of privacy :: n. the intrusion into the personal life of another ... randeis. See also: right to privacy
joinder :: n. the joining together of several lawsuits or sev ... er misjoinder multiplicity of suits
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
judicial sale :: n. a sale of goods by an official (keeper, trustee ... o be sold. See also: sheriff's sale
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
libel :: 1) n. to publish in print (including pictures), wr ... libel per se public figure slander
long cause :: n. a lawsuit in which it is estimated that a trial ... dar call court calendar short cause
malpractice :: n. An act or continuing conduct of a professional ... eed. See also: errors and omissions
mandamus :: (man-dame-us) n. Latin for "we order," a writ (mor ... mandamus. See also: writ of mandate
mandate :: n. 1) any mandatory order or requirement under sta ... See also: mandamus writ of mandate
marshal :: 1) n. a federal court official who may serve paper ... tablish priorities among creditors.
martial law :: n. a system of complete control by a country's mil ... n and women. See also: military law
modification :: n. a change in an existing court order or judgment ... terms of child support and custody.
motion :: n. a formal request made to a judge for an order o ... g, an oral motion may be permitted.
municipal court :: n. a lower court which usually tries criminal misd ... nd/or small claims. See also: court
no fault insurance :: n: a type of automobile insurance required of car ... ling lawsuits. See also: negligence
nominal party :: n. a defendant or a plaintiff included in a lawsui ... ed. See also: necessary party party
notice :: n. 1) information, usually in writing in all legal ... Thirty-day notice three-day notice
nunc pro tunc :: (nuhnk proh tuhnk) adj. Latin for "now for then," ... r actuality of a bigamous marriage.
off calendar :: adj. refers to an order of the court to take a law ... of either party. See also: calendar
on all fours :: adj. a reference to a lawsuit in which all the leg ... ame conclusion. See also: precedent
order :: 1) n. every direction or mandate of a judge or a c ... defendant. See also: judge judgment
order to show cause :: n. a judge's written mandate that a party appear i ... vernmental agency. See also: O.S.C.
out of court :: adj. referring to actions, including negotiations ... is dismissed. See also: settlement
paid into court :: adj. referring to money deposited with the clerk o ... differences. See also: interpleader
pardon :: 1) v. to use the executive power of a Governor or ... also: amnesty commutation reprieve
peremptory writ of mandate :: (or mandamus) n. a final order of a court to any g ... ve writ. See also: mandamus mandate
petition :: 1) n. a formal written request to a court for an o ... dent. See also: divorce motion writ
presiding judge :: n. 1) in both state and federal appeals court, the ... and chairs meetings of the judges.
prior restraint :: n. an attempt to prevent publication or broadcast ... e words of Sir William Blackstone).
privileged communication :: n. statements and conversations made under circums ... See also: attorney-client privilege
process :: n. in law, the legal means by which a person is re ... service of process subpena summons
proper party :: n. a person or entity who has an interest (financi ... lf. See also: necessary party party
public easement :: n. the right of the general public to use certain ... lso: easement prescriptive easement
reformation :: n. the correction or change of an existing documen ... neral partner sues for reformation.
remedy :: n. the means to achieve justice in any matter in w ... gment provisional remedy settlement
remittitur :: n. 1) a judge's order reducing a judgment awarded ... party on appeal). See also: remand
respondent :: n. 1) the party who is required to answer a petiti ... "appellant") in the appeals court.
reversal :: n. the decision of a court of appeal ruling that t ... e of damages is ordered to dismiss.
ripe :: adj. in constitutional law, referring to a law cas ... or more issues raised by the case.
rule :: 1) v. to decide a legal question, by a court, as i ... ee also: regulations rules of court
sanction :: n. 1) a financial penalty imposed by a judge on a ... ction." See also: contempt of court
sequester :: v. to keep separate or apart. In so-called "high-p ... of others. See also: sequestration
service by mail :: n. mailing legal pleadings to opposing attorneys o ... attorney by mail. See also: service
service of process :: n. the delivery of copies of legal documents such ... by publication substituted service
set aside :: v. to annul or negate a court order or judgment by ... "set aside" the original dismissal.
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.
special appearance :: n. the representation by an attorney of a person i ... anged. See also: general appearance
specific performance :: n. the right of a party to a contract to demand th ... artwork. See also: contract prayer
status conference :: n. a pre-trial meeting of attorneys before a judge ... g a trial date. See also: discovery
subpena duces tecum :: : (suh-pea-nah dooh-chess-take-uhm or dooh-kess-ta ... ng a court order. See also: witness
summons :: n. a document issued by the court at the time a la ... use service service of process writ
supersedeas :: (sooh-purr-said-ee-uhs) Latin for "you shall desis ... . See also: appeal court of appeals
supra :: (sooh-prah) Latin for "above," in legal briefs and ... d as Guinn v. United States, supra.
Supreme Court :: n. 1) the highest court in the United States, whic ... rt in other states. See also: court
swear :: v. 1) to declare under oath that one will tell the ... ee also: notary public oath perjury
temporary injunction :: n. a court order prohibiting an action by a party ... ry injunction. See also: injunction
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.
unconscionable :: adj. referring to a contract or bargain which is s ... ee also: adhesion contract contract
venue :: n. 1) the proper or most convenient location for t ... ion. See also: forum non conveniens
warrant :: 1) n. an order (writ) of a court which directs a l ... e search and seizure search warrant

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Other Law Terms - G

gag 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).