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August 24, 2010
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Legal Terms and Definitions

 


Glossary of Legal Terms

 

Law and motion
A setting before a judge at which time a variety of motions, pleas, sentencing, orders to show cause or procedural requests may be presented. Normally, evidence is not taken. Defendants must be present.

Appellant
The party appealing a final decision or judgment.

Objection
The act of taking exception to some statement or procedure in trial or other proceeding. Used to call the court's attention to improper evidence or procedure.

Misdemeanor
A minor offense, lower than a felony, which is punishable by a county jail term of up to one year and/or a fine, but not prison. Misdemeanors are classified into three categories: Class A, B, and C.

Reporting statutes
An order by a court directing the transfer of a case to another court. For example, when a case is proper for jurisdiction in federal court, the federal court may remove the case from the state court in which it was originally filed.

res judicata
Literally, "a thing that speaks for itself." In tort law, the doctrine, which holds a defendant guilty of negligence without an actual, shows that he or she was negligent. Its use is limited in theory to cases in which the cause of the plaintiff's injury was entirely under the control of the defendant, and the injury presumably could have been caused only by negligence.

Relevant
In Juvenile Court, a written report submitted by law enforcement officer or other person who has reason to believe a juvenile has committed a crime that would place the child within the jurisdiction of the Juvenile Court.

Negligence
Failure to exercise the care that an ordinarily prudent person would exercise in the same circumstances.

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Did You Know?    
 
 
The mediation process may vary depending on the mediator.

Generally, mediations commence with a general session with all parties, counsel and the mediator. At the general session, there will be a discussion of the case, the issues on appeal and other matters important to settlement. Then the mediator will meet separately with each party and their counsel in separate "caucuses." In these separate sessions, the mediator will seek to foster negotiations between the parties and develop agreement.

 


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Latest news about legal cases in Norfolk and nationwide:

Legal News From Across The State
In The Detroit News: "Legislators should revise law on pot and driving; Statute makes criminals out of too many people."

The editorial stat...

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Judiciary Calls for Funding to Maintain Course
The federal courts have asked Congress to provide a fiscal year 2007 appropriation sufficient to build on the gains achieved in FY 2006, or risk re...
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Hurricane Katrina Fraud: Do You Pass The Test?

Many cases have resulted in charges and convictions. Three recent examples: On January 30, a Florida con artist who claimed he was a pilot...

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Legal Terms

 


Today's Terms

Forcible entry and detainer

Definition:
Ordinarily refers to a summary proceeding for restoring possession of land to one who has been wrongfully deprived of possession

Cross-claim

Definition:
In a civil proceeding, if there are two or more defendants, one defendant can raise a claim against another defendant.

Miranda rule

Definition:
The rule, pronounced in Miranda v. Arizona, that confessions are inadmissible in a criminal prosecution if the police do not advise the suspect in custody of certain rights before questioning.

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