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Dictionary of Law |
motion for a new trial :: legal definitionMotion for a new trial - n. a request made by the loser for the case to be tried again on the basis that there were significant legal errors in the way the trial was conducted and/or the jury or the judge sitting without a jury obviously came to an incorrect result. This motion must be made within a few days after the judgment is formally entered and is usually heard by the same judge who presided at the trial. Such a motion is seldom granted (particularly if the judge heard the case without a jury) unless there is some very clear error which any judge would recognize. Some lawyers feel the motion helps add to the record of argument leading to an appeal of the case to an appeals court. See also: judgment notwithstanding the verdict motion N.O.V. 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.acquit :: v. what a jury or judge sitting without a jury doe ... ndant not guilty. See also: verdict admissible evidence :: n. evidence which the trial judge finds is useful ... olving violence. See also: evidence appeal :: 1) v. to ask a higher court to reverse the decisio ... ng, as in "he has filed an appeal." arbitrator :: n. one who conducts an arbitration, and serves as ... he other two. See also: arbitration 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 law :: n. reported decisions of appeals courts and other ... es. See also: case system precedent charge :: n. 1) in a criminal case, the specific statement o ... trial judge. 3) a fee for services. civil calendar :: n. the list of lawsuits (cases) that are approachi ... y sent to trial. See also: calendar 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 conclusion of law :: n. a judge's final decision on a question of law w ... aw if requested. See also: judgment consent decree :: n. an order of a judge based upon an agreement, al ... he same. See also: consent judgment constitutional rights :: n. rights given or reserved to the people by the U ... e also: Bill of Rights constitution court :: n. 1) the judge, as in "The court rules in favor o ... cost and wait of full court trials. de novo :: adj. Latin for "anew," which means starting over, ... n, de novo. See also: trial de novo demurrer :: n. (dee-muhr-ur) a written response to a complaint ... demurrer. See also: motion pleading directed verdict :: n. a verdict by a jury based on the specific direc ... element judgment jury trial verdict dismiss :: v. the ruling by a judge that all or a portion (on ... nst that party. See also: dismissal error :: n. a mistake by a judge in procedure or in substan ... or. See also: harmless error remand 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 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 frivolous :: adj. referring to a legal move in a lawsuit clearl ... ing the courts to resolve disputes. Grand Jury :: n. a jury in each county or federal court district ... arge indictment preliminary hearing 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 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 hung jury :: n. slang for a hopelessly deadlocked jury in a cri ... also: dismissal jury mistrial trial impaneling :: n. the act of selecting a jury from the list of po ... e juror jury panel venire voir dire in personam :: adj. (in purr-soh-nam) from Latin for "directed to ... here. See also: in rem jurisdiction 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 insufficient evidence :: n. a finding (decision) by a trial judge or an app ... l court. See also: evidence finding 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 judgment notwithstanding the verdict :: (N.O.V.) n. reversal of a jury's verdict by the tr ... veredicto. See also: N.O.V. verdict 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 trial :: n. a trial of a lawsuit or criminal prosecution in ... the final judgment. See also: jury 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 mandate :: n. 1) any mandatory order or requirement under sta ... See also: mandamus writ of mandate 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 summary judgment :: n. a written request for a judgment in the moving ... strict procedures. See also: motion motion for dismissal :: (non-suit) n. application by a defendant in a laws ... otion for nonsuit. See also: motion 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 N.O.V. :: adj. shorthand acronym of Latin for non obstante v ... notwithstanding the verdict verdic 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 objection :: n. a lawyer's protest about the legal propriety of ... ng question object overrule sustain off calendar :: adj. refers to an order of the court to take a law ... of either party. See also: calendar on the merits :: adj. referring to a judgment, decision or ruling o ... s if this mistake had not occurred. 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 peremptory challenge :: n. the right of the plaintiff and the defendant in ... challenge for cause jury voir dire 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 quotient verdict :: n. an award of money damages set by a jury in a la ... rial motion for a new trial verdict 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 remittitur :: n. 1) a judge's order reducing a judgment awarded ... party on appeal). See also: remand reversal :: n. the decision of a court of appeal ruling that t ... e of damages is ordered to dismiss. reversible error :: n. a legal mistake at the trial court level which ... nt at the trial. See also: reversal review :: n. the judicial consideration of a lower court jud ... ate court reversal reversible error 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 Shepardize :: n. a method of locating reports of appeals decisio ... m prior case law. See also: reports short cause :: n. a lawsuit which is estimated by the parties (us ... l be reset later as a "long cause." 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. specific finding :: n. a decision on a fact made by a jury in its verd ... so forth. See also: special verdict status conference :: n. a pre-trial meeting of attorneys before a judge ... g a trial date. See also: discovery strike :: 1) v. to remove a statement from the record of the ... ing the business, factory or store. summary adjudication of issues :: n. a court order ruling that certain factual issue ... is made. See also: summary judgment summary judgment :: n. a court order ruling that no factual issues rem ... tion summary adjudication of issues 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. trial de novo :: n. a form of appeal in which the appeals court hol ... from small claims court judgments. 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 writ of coram nobis :: : (writ of core-uhm noh-bis) n. from Latin for "in ... ment if known at the time of trial. 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 - MM. O. :: n. slang for modus operandi, the way or pattern in ... her crime. See also: modus operandimagistrate :: n. 1) a generic term for any judge of a court, or ... ce of the peace preliminary hearing Magna Carta :: n. Latin for "Great Charter," it was a document de ... s. It is also spelled Magna Charta. mail box rule :: n. in contract law, making a written offer or acce ... nse in hand when the time runs out. maim :: v. to inflict a serious bodily injury, including m ... to a prison term. See also: mayhem majority :: n. 1) the age when a person can exercise all norma ... t. See also: child infancy minority make :: v. 1) to create something. 2) to sign a check, pro ... xchange check maker promissory note make one whole :: v. to pay or award damages sufficient to put the p ... fault of another. See also: damages maker :: n. 1) the person who signs a check or promissory n ... : check payee payor promissory note malfeasance :: n. intentionally doing something either legally or ... sponsibility. See also: misfeasance malice :: n. a conscious, intentional wrongdoing either of a ... cution murder public figure slander malice aforethought :: n. 1) the conscious intent to cause death or great ... : first degree murder malice murder malicious prosecution :: n. filing a lawsuit with the intention of creating ... vor of the victim. See also: malice malpractice :: n. An act or continuing conduct of a professional ... eed. See also: errors and omissions malum in se :: (mal-uhm in say) adv. Latin referring to an act th ... hibitum. See also: malum prohibitum malum prohibitum :: (mal-uhm prohibit-uhm) adj. Latin meaning "wrong d ... lso: malum in se white collar crime 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 mandatory :: adj., adv. absolutely demanded or required. ... v. absolutely demanded or required. mandatory joinder :: n. the required inclusion of a party in a lawsuit ... sues in the case. See also: joinder |