Term
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Definition
| To declare that the accused is innocent of the crime. |
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Term
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Definition
| (See Statute) A law passed by the state or federal legislature that declares, commands, or prohibits something. Also called act and legislation. |
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Term
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Definition
| A clause stating the damages claimed. |
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Term
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Definition
| To halt the proceedings temporarily. |
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Term
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Definition
| To hear and resolve a legal matter judicially. To Judge. |
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Term
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Definition
| A governmental body, other than a court or legislature, that carries out (i.e., administers or executes) the statutes of the legislature, the executive orders of the chief executive, and its own regulations. |
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Term
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Definition
| An administrative agency's resolution of a controversy (following a hearing) involving the application of the regulations, statutes, or executive orders that govern the agency. |
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Term
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Definition
| A proceeding at an administrative agency presided over by a hearing officer (e.g., an administrative law judge) to resolve a controversy. |
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Term
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Definition
| A government officer who presides over a hearing at an administrative agency. |
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Term
| Administrative Regulation |
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Definition
| A law written by an administrative agency designed to explain or carry out the statutes, executive orders, or other regulations that govern the agency. |
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Term
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Definition
| Is evidence that the judge will permit the jury to consider. Admissible evidence does not mean that the evidence is true. |
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Term
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Definition
| A hearing at which all parties to a dispute are present before the judge or presiding officer to argue their positions. |
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Term
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Definition
| A method of resolving a legal dispute whereby the parties (alone or through their advocates) argue their conflicting claims before a neutral decision maker. |
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Term
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Definition
| A judgment or decision against you. |
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Term
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Definition
| A written or printed statement of facts made by a person (called the affiant) |
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Term
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Definition
| A written or printed statement of facts made by an affiant before a person with authority to administer the oath. |
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Term
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Definition
| To agree with or uphold the lower court judgment. |
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Term
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Definition
| A defense raising new facts that will defeat the plaintiff's claim even if the plaintiff's fact allegations are proven. |
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Term
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Definition
| A claimed fact. A fact that a party will try to prove at trial. |
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Term
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Definition
| An extra juror who will take the place of a regular juror if one becomes incapacitated during the trial. |
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Term
| Alternative Dispute Resolution (ADR) |
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Definition
| A method or procedure for resolving a legal dispute without litigating it in a court or administrative agency. |
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Term
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Definition
| (1) Sufficiently similar to justify a similar outcome or result. (2) Sufficiently similar to lend support (3) On point; germane. Involving the same or similar issues; involving facts and rules that are similar to those now under consideration. |
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Term
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Definition
| (1) The first pleading of the defendant that responds to the plaintiff's claims. (2) To assume someone else's liability. |
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Term
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Definition
The appeal of a case that an appellate court must hear; it has no discretion on whether to take the appeal. |
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Term
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Definition
| The party bringing an appeal because of alleged errors made by a lower tribunal. Sometimes called petitioner. |
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Term
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Definition
| A document submitted (filed) by a party to an appellate court (and served on an opposing party) in which arguments are presented on why the appellate court should affirm (approve), reverse, or otherwise modify what a lower court has done. |
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Term
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Definition
| The power of an appellate court to review and correct the decisions of a lower tribunal. |
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Term
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Definition
| The party against whom an appeal is brought. Also called the respondent. |
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Term
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Definition
| A method of alternate dispute resolution (ADR) in which the parties avoid litigtion by submitting their dispute to a neutral third person (the arbitrator) who renders a decision resolving the dispute. |
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Term
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Definition
| A court proceeding in which the defendant is formally charged with a crime and enters a plea. Arrangements are then made for the next proceeding. |
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Term
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Definition
| To take someone into custody to answer a criminal charge. |
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Term
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Definition
| A company of persons collected together in one place for some common purpose. The act of coming together, the condition of being assembled. |
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Term
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Definition
| An attorney (usually in private practice) appointed by the court to represent an indigent person in a criminal or civil case. |
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Term
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Definition
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Term
| Attorney Client Privilege |
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Definition
| A client and an attorney can refuse to disclose any communication between them if the purpose of communication was to facilitate the provisionof legal services to the client. |
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Term
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Definition
| The attorney noted in court files as the attorney representing a particular party. |
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Term
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Definition
| Notes, working papers, memoranda, or similar documents and tangible things prepared by or for an attorney in anticipation of litigation are not discoverable by an opponent, absent a showing of substantial need. |
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Term
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Definition
| Any source that a court could rely on in reaching its decision. |
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Term
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Definition
| (1) Money or other property deposited with the court as security to ensure that the defendant will reappear at designated times. (2) Release of the defendant upon posting this security. |
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Term
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Definition
| A court employee who keeps order in the courtroom and renders general administrative assistance to the judge. |
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Term
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Definition
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Term
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Definition
| Membership is required as a condition of practicing law in the state. Integrated Bar Associations are also referred to as mandatory or unified bar associations. |
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Term
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Definition
| A desk tool used to place a sequential number on a page. After using the stamp on each page, it automatically advances to the next number, ready to stamp the next page. |
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Term
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Definition
| (1) Pertaining to a lower court inthe judicial system. (2) Later in the document. |
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Term
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Definition
| A discussion between the judge and the attorneys held at the judge's bench so that the jury cannot hear what is being said. Also called a sidebar conference. |
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Term
| Beyond a Reasonable Doubt |
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Definition
| Not having any doubt that would cause prudent persons to hesitate before acting in matters of importance to themselves. |
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Term
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Definition
| Prejudice for or against something or someone. An inclination or tendency to think or to act in a certain way. A danger of prejudgment. |
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Term
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Definition
| Having two houses in the legislature. If there is only one house, it is unicameral. |
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Term
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Definition
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Term
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Definition
| The unit within an administrative agency to which a party can appeal a decision of the agency. |
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Term
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Definition
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Term
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Definition
| Standard language that is commonly used in a certain kind of document. Standard verbiage. |
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Term
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Definition
| An obligation to perform an act (e.g. pay a sum of money) upon the occurrence or nonoccurrence of a designated condition. |
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Term
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Definition
| Held or transferred for further court proceedings. |
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Term
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Definition
| To summarize its major components, such as key facts, issues, reasoning, and disposition. (Example: your own summary of a court opinion for later use). |
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Term
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Definition
| The responsibility of proving a fact at trial. |
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Term
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Definition
| A caption of a complaint is the heading that provides identifying information, such as the kind of document it is, the name of the court, the name of the parties, and, if available, the docket number assigned to the case by the court. |
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Term
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Definition
| (1) A court's written explanation of how it applied the law to the facts to resolve a legal dispute. (2) A pending matter on a court calendar. (3) A client matter handled by a law office. |
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Term
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Definition
| A legally acceptable reason for suing. Facts that give a party the right to judicial relief. |
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Term
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Definition
| A requset from a party to a judge that a prospective juror not be allowed to become a member of this jury because of specified causes or reasons. |
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Term
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Definition
| An authorative instruction or command. |
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Term
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Definition
| The fundamental law of a municipality or other local unit of government authorizing it to perform designated governmental functions. |
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Term
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Definition
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Term
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Definition
| A route formerly taken by traveling judges; a district established within a state or the federal judicial system. |
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Term
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Definition
| (1) A reference to any legal authority printed on paper or stored in a computer database that will allow you to locate the authority. (2) an order to appear in court to answer a charge. (3) an official notice of violation. |
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Term
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Definition
| Examining citations in a document to access whether the format of the citation is correct, whether a parallel cite is needed, whether quoted material is accurately quoted, and whether the law cited is still valid. |
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Term
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Definition
| Legislative body of a city |
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Term
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Definition
| A legal controversy in wich (1) one private person or entity (e.g., a business) sues another, (2) a private person or entity sues the government, or (3) the government sues a private person or entity for a matter other than the commision of a crime. |
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Term
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Definition
| A legal controversy in wich the government alleges the commision of a crime. |
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Term
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Definition
| A right to seek a judicial remedy arising from a wrong or injury suffered; a demand for something. |
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Term
| Clear and convincing evidence |
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Definition
| Evidence showing a high probability of truth of the factual matter at issue. |
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Term
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Definition
| The final statements by opposing trial attorneys to the jury (or to the trial judge if there is no jury) summarizing the evidence and requesting a favorable decision. |
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Term
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Definition
| One of two or more defendants sued in the same civil case or prosecuted in the same criminal case. |
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Term
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Definition
| (1) Court opinions, all of case law. (2) The legal system of Englad and of those countries such as the United States whose legal system is based on England's. (3) The case law and statutory law in England and in the American colonies before the American Revolution. |
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Term
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Definition
| (1) Using the knowledge and skill that are reasonably necessary to represent a particular client. (2) Allowed (having the legal capacity) to give testimony because the person understands the obligation to tell the truth, has the ability to communicate, and has knowledge of the topic of his or her testimony. |
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Term
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Definition
| (1) A plaintiff's first pleading, stating a cause of action against the defendant. Also called "petition". (2) A formal criminal charge. |
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Term
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Definition
To resolve or dispose of by a compromise
(cases in which a dispute is compromised) |
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Term
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Definition
| The court's statement of the law applicable to a case in view of facts found to be true, the judgment required by law when applied to the facts (called also finding of law) |
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Term
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Definition
| The power of a court to hear a particular kind of case, along with other courts that could also hear it. |
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Term
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Definition
| An opinion written by less than a majority of the judges on the court that agrees with the result reached by the majority but not with all of its reasoning. |
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Term
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Definition
| A temporary committee consisting of members of both chambers of the legislature that seeks to reach a compromise on two versions of the same bill each chamber passed. |
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Term
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Definition
| Consists of two chambers (the House of Representatives and the Senate) |
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Term
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Definition
| The fundamental law that creates the branches of government, allocates power among them, and defines some basic rights of individuals. |
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Term
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Definition
| Willful disobedience or open disrespect of the orders, authority or dignity of a court or judge acting in a judicial capacity by disruptive language or conduct or by failure to obey the court's orders. |
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Term
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Definition
| To challenge, to raise a defense against a claim. |
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Term
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Definition
| The act or process of convicting; the final judgment entered after a finding of guilt. |
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Term
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Definition
| An in-house attorney, often the chief attorney, of a corporation. Sometimes called general counsel. |
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Term
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Definition
| A claim by one side in a case (usually the defendant) that is filed in response to a claim asserted by an opponent (usually the plaintiff). |
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Term
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Definition
| A charge (as in a complaint or indictment) that separately states a cause of action of esp. offense. |
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Term
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Definition
| A court's list of its pending cases. A record containing brief notations on the proceedings that have occurred in a court case. |
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Term
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Definition
| The court employee who assists judges with record keeping and other administrative duties. (See also law clerk) |
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Term
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Definition
| A trial court; a court with original jurisdiction. |
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Term
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Definition
| The extent to which something is believable. |
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Term
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Definition
| A legal controversy in which the government alleges the commision of a crime. |
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Term
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Definition
| A claim brought by one defendant against another defendant or by one plaintiff against another plaintiff in the same action. (Also called cross-action) |
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Term
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Definition
| Questioning of a witness at a hearing by an opponent after the other side has conducted a direct examination of that witness. |
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Term
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Definition
| Index cards to help locate particular files. (Additional cards allow for cross-indexing) |
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Term
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Definition
| An award of money paid by the wrongdoer to compensate the person who has been harmed. |
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Term
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Definition
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Term
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Definition
| One who has died (estate) |
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Term
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Definition
| A binding judgment that declares rights, status, or other legal relationships without ordering anything to be done. |
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Term
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Definition
| A judgment against a party for failure to file a required pleading or otherwise respond to an opponent's claim. |
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Term
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Definition
| (1) An allegation of fact (or a legal theory) offered to offset or defeat a claim or demand. (2) The defendant and his or her attorney. |
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Term
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Definition
| See failure to state a cause of action. |
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Term
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Definition
| A person questioned in a deposition. |
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Term
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Definition
| Ask questions of a witness in a deposition. |
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Term
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Definition
| A method of discovery by which parties and their prospective witnesses are questioned outside the courtroom before trial. The person questioned is called the deponent. |
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Term
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Definition
| Index of deposition questions |
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Term
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Definition
| An employee whose main job is digesting (summarizing) discovery documents, particularly depositions. |
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Term
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Definition
| A partial repealing or abolishing of a law, as by a subsequent act that limits its scope or force. |
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Term
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Definition
| (1) a statement or observation made by a judge in an opinion that is not essential to resolve the issues before the court; comments that go beyond the facts before the court; (2) An authorative, formal statement or announcement. |
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Term
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Definition
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Term
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Definition
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Term
| Digest Discovery Documents |
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Definition
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Term
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Definition
| The first questioning of a witness by the party who has called the witness. Also called examination in chief. |
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Term
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Definition
| A judge's decision not to allow the jury to deliberate because only one verdict is reasonable. Called a judgment as a matter of law. |
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Term
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Definition
| Compulsory pretrial disclosure of information related to litigation by one party to another party. Discovery can also be used in postjudgment enforcement proceedings. |
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Term
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Definition
| The power to choose among various courses of conduct based solely on one's reasoned judgment or preference. |
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Term
| Dismissal Without Prejudice |
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Definition
| A request made based on lack of jurisdiction, insufficiency of pleadings or reaching of a settlement |
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Term
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Definition
| An opinion that disagrees with the result and the reasoning used by the majority of plurality opinion. |
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Term
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Definition
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Term
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Definition
| The disputing parties are citizens of different states and the amount in controversy exceeds $75,000. This diversity gives jurisdiction to a U.S. District Court. |
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Term
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Definition
| (1) A court's lists of its pending cases. Also called calendar. (2) A record containing brief notations on the proceedings that have occurred in a court case. |
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Term
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Definition
| (1) To write. (2) A document in one of its preliminary stages. |
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Term
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Definition
Electronic filing in court of pleadings and other documents.
(i.e. USDC Eastern District Court) |
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Term
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Definition
| A portion of a rule that is a precondition of the applicability of the entire rule. |
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Term
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Definition
| The portion of a rule about which the parties cannot agree. The disagreement may be over the definition of the element, whether the facts fit within the element, or both. |
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Term
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Definition
| Any law that is not created within litigation. Law written by a deliberative body such as a legislature or constitutional convention after it is proposed and often debated and amended. |
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Term
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Definition
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Term
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Definition
| The process of a judgment being executed and then carrying out the judgment (judgment debtor may be ordered by the court to submit to an examination on his or her assets). |
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Term
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Definition
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Term
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Definition
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Term
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Definition
| (1) All of the assets and liabilities of a decedent after he or she dies. (2) An interest in real or personal property. |
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Term
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Definition
| Anything that could be offered to prove or disprove an alleged fact (e.g., testimony, documents, and fingerprints). (admissible or inadmissible) |
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Term
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Definition
| The power of a court to hear a particular kind of case, to the exclusion of other courts. |
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Term
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Definition
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Term
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Definition
| (1) Signing and doing whatever else is needed to finalize a document and make it legal. (2) Carrying out or performing some act to its completion, e.g. the process of carrying into effect the decisions in a judgment. |
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Term
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Definition
| The branch of government with primary responsibility for carrying out, executing, or administering the laws. |
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Term
| Executive Department Agency |
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Definition
| An administrative agency that exists within the executive branch of government, often at the cabinet level. |
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Term
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Definition
| A law issued by the chief executive pursuant to specific statutory authority or to the executive's inherent authority to direct the operation of governmental agencies. |
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Term
| Exhaust Administrative Remedies |
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Definition
| To go through all dispute-solving avenues that are available in an administrative agency before asking a court to review what the agency did. |
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Term
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Definition
| A document, chart, or other object offered of introduced into evidence. |
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Term
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Definition
| A hearing at which only one party is present. A court order issued at such a hearing is an ex parte order. |
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Term
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Definition
| A person qualified by scientific, technical, or other specialized knowledge or experience to give an expert opinion relevant to a fact in dispute. |
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Term
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Definition
| (See legal issue) A question of law. Question of fact, a factual issue, or issue of fact. |
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Term
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Definition
| A statement of every ultimate fact. A fact is ultimate if it is essential to establish an element of a cause of action. |
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Term
| Failure to State a Cause of Action |
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Definition
| Failure of a party to allege enough facts that, if proved, would entitle the party to judicial relief. Sometimes called a demurrer or a failure to state a claim upon which relief can be granted. |
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Term
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Definition
| The divison of powers between the federal government and the state governments. |
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Term
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Definition
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Term
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Definition
| Issues that arise from or are based on the federal constitution, federal statutes, federal administrative regulations, or other federal laws. |
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Term
| Federal Rules of Civil Procedure |
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Definition
| (FRCP) The technical rules governing the manner in which civil cases are brought in and progress through the U.S. District Courts, which are the main federal trial courts. |
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Term
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Definition
| Any crime punishable by death or imprisonment for a term exceeding a year; a crime more serious than a misdemeanor. |
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Term
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Definition
| To deliver a document to a court officer so that it can become part of the official collection of documents in a case. To deliver a document to a government agency. |
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Term
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Definition
| Recommended conclusions presented to someone else in the administrative agency who will make final decisions |
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Term
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Definition
| A collection of sample or model forms, often with practical guidance on how to use them. Also called practice manual. |
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Term
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Definition
| The court where the case is to be tried. |
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Term
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Definition
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Term
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Definition
| A jury of inquiry (not a trial jury) that receives accusations in criminal cases, hears the evidence of the prosecutor, and issues indictments when satisfied that a trial should be held. |
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Term
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Definition
| A reason that is legally sufficient to obtain a remedy or other result. |
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Term
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Definition
| The fact of having committed an offense esp. against the law (not enough evidence) |
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Term
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Definition
| One who presides over an administrative hearing. |
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Term
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Definition
| An out-of-court statement offered to prove the truth of the matter asserted in the statement. |
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Term
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Definition
| A court's answer to one of the legal issues in the case. Also called a ruling. |
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Term
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Definition
| Selected and sworn in (referring to a jury) (also called impaneled). |
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Term
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Definition
| To challenge; to attack the credibility of. |
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Term
| Independent Regulatory Agency |
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Definition
| An administrative agency that regulates an aspect of society. It often exists outside the executive department of government. |
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Term
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Definition
| A formal document issued by a grand jury accusing the defendant of a crime. |
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Term
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Definition
A person who is without funds to hire a private attorney. Impoverished.
(i.e. Gideon) |
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Term
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Definition
| (1) a trial court of limited or special jurisdiction. (2) any court that is subordinate to the court of final resort. |
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Term
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Definition
| A document accusing the defendant of a crime (used in states without a grand jury) |
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Term
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Definition
| The first criminal court appearance by the accused during which the court (1) informs him or her of the charges, (2) makes a decision on bail and (3) determines the date of the next court proceeding. |
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Term
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Definition
| (See personal jurisdiction) A court's power over a person to adjudicate his or her personal rights. Also called in personam jurisdiction. |
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Term
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Definition
| Statement of guidelines and law given to jury by the judge |
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Term
|
Definition
| A memorandum that summarizes the facts given by a client during the initial client interview |
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Term
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Definition
| An appeal of a trial court ruling before the trial court reaches its final judgment. |
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Term
| Intermediate Appellate Court |
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Definition
| A court with appellate jurisdiction to which parties can appeal before they appeal to the highest court in the judicial system. |
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Term
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Definition
| A method of discovery consisting of written questions about a lawsuit submitted by one party to another to help the sender prepare for trial. |
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Term
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Definition
| An appeal within an administrative agency, before the case is appealed to a court. |
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Term
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Definition
| To place evidence formally before a court or other tribunal so that it will become part of the record for consideration by the judge, jury or other decision maker. |
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Term
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Definition
| Conclusive; evidence to the contrary is inadmissible. An irrebuttable presumption is an inference that cannot be overcome; it is nonrebuttable. |
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Term
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Definition
| Evidence which is not related or applicable to the matter in issue at trial, and hence not admissible, upon objection |
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Term
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Definition
| The claimed errors committed by a lower court. |
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Term
| Joint and Several Liability |
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Definition
| Legally responsible together and individually. Each wrongdoer is individually responsible for the entire judgment; the plaintiff can choose to collect from one wrongdoer or from all of them until the judgment is satisfied. |
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Term
|
Definition
| The final conclusion of a court that resolves a legal dispute or that specifies what further proceedings are needed to resolve it. |
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Term
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Definition
| The person to whom a court-awarded money judgment (damages) is owed. |
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Term
|
Definition
| The person ordered by a court to pay a money judgment (damages). |
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Term
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Definition
| Judgment by the trial judge that is contrary to the verdict reached by the jury because the verdict was not reasonable, in effect overruling the jury. Called a Judgment as a matter of law in federal court and in some state courts. |
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Term
|
Definition
| A judgment, rendered after evidentiary inquiry and argument, determining which party is in the right, as opposed to a judgment based solely on a technical point or procedural error. |
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Term
|
Definition
| The branch of government with primary responsibility for interpreting laws by resolving disputes that arise under them. |
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Term
|
Definition
| (1) The power of a court to decide a matter in dispute. (2) the geographic area over which a particular court system or other government unit has authority. |
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Term
|
Definition
| A list of individuals summoned for jury duty; from this list, juries for particular trials are selected. |
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Term
|
Definition
| A statement of the guidelines and law given to the jury by the judge for use in deciding the issues of fact in its verdict. Also called the "charge". |
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Term
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Definition
| A critical fact; a fact that is essential or very important to the decision (holding) reached by the court. |
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Term
|
Definition
| The application of laws or legal principles to the facts of a particular person's legal problem. |
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Term
|
Definition
| The application of one or more rules to the facts of a client's case in order to answer a legal question that will help (1) keep a legal dispute from arising, (2) resolve a legal dispute that has arisen, or (3) prevent a legal dispute from becoming worse. |
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Term
|
Definition
| A question of law; a question of what the law is, or what the law means, or how the law applies to a set of facts. Also called issue of law. |
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Term
|
Definition
| (1) the process of making statutory law; (2) a statute |
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| Hearings, debates, amendments, committee reports, and all other events that occur in the legislature before a bill is enacted into a statute. |
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| The power of a court to hear only certain kinds of cases. Also called special jurisdiction. |
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| The formal process of resolving a legal dispute through the courts. A lawsuit. |
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| Inclined to resolve disputes through litigation; quarrelsome. |
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| A judicial officer having some but not all the powers of a judge. |
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| The opinion whose result and reasoning are supported by at least half plus one of the judges on the court. |
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| A method of alternative dispute resolution (ADR) in which the parties first try mediation, and if it does not work, they try arbitration. |
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| A method of alternative dispute resolution (ADR) in which the parties avoid litigation by submitting their dispute to a neutral third person (the mediator) who helps the parties resolve their dispute; he or she does not render a decision resolving it for them. |
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| Written presentation of a party's arguments on the facts and legal issues in the case. |
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| A written explanation of how the law might apply to the facts of a client's case. |
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| A crime, not as serious as a felony, punishable by fine o by detention in an institution other than a prison or penitentiary. |
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| An application or request made to a court or other decision-making body seeking to obtain a favorable action or ruling. The person making the motion is the movant. |
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| Motion for Direct Verdict |
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| A judgment as a matter of law ma be rendered before or after the verdict. |
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| A request that the judge set aside the judgment and order a new trial on the basis that the trial was improper or unfair due to specified prejudicial errors that occurred. |
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| Motion for Summary Judgment |
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| A judgment of the court that is rendered without a full trial because of the absence of conflict on any of the material facts. |
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| A request, usually made before the trial begins, that the judge dismiss the case because of lack of jurisdiction, insufficiency of the pleadings, or the reaching of a settlement. |
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| The person making a motion. |
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| The verb move - (motion) the person who is the movant moves the motion. |
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| To request that the items be formally declared admissible. |
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| Neighborhood Justice Center |
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| NJC - A government or private center where disputes can be resolved by mediation or another method of alternative dispute resolution. |
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| A statement by the prosecutor that he or she is unwilling to prosecute the case. |
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| Notice given to a court (through filing) and to the opposing party (through service) of an intention to appeal. |
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| A formal notification to a court by an attorney that he or she is representing a party in the litigation. |
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| A short and plain statement of the claim showing that the pleader is entitled to relief. |
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| Notwithstanding the Verdict (NOV) |
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| A judgment by the trial judge that is contrary to the verdict reached by the jury because the verdict was not reasonable, in effect, overruling the jury. |
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| A sworn statement that what you say is true. |
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| A formal challenge usually directed at the evidence that the other side is trying to pursue or introduce. |
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| Exactly the same, or almost so; being a very close precedent. |
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| Pertaining to a court decision hat is based on the facts and on the substance of the claim, rather than on a procedural ground. |
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| An attorney's statement to the jury made before presenting evidence that summarizes the case he or she intends to try to establish during the trial. |
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| A courts written explanation of how it applied the law to the facts to resolve a legal dispute. (Also called - case) |
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| Opinion of the Attorney General |
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| Formal legal advice given by the chief law officer of the government to another government official or agency. |
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| A spoken presentation to the court on a legal issue, e.g., telling an appellate court why the rulings of a lower tribunal were valid or were in error. |
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| A law passed by the local legislative branch of government (e.g., city council) that declares, commands, or prohibits something. |
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| The power of a court to be the first to hear a case before it is reviewed by another court. |
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| To decide against or deny. To reject or cancel an earlier opinion as precedent by rendering an opposite decision on the same question of law in a different litigation. |
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| Public Access to Court Electronic Records |
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| A group of judges, usually three, who decide a case in a court with a larger number of judges. A list of individuals summoned for jury duty. |
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| To phrase the testimony partly or entirely in your own words. |
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| An opinion by the court as a whole - a court opinion, usually a short one, that does not name the judge who wrote it. |
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| A request from a party to a judge asking that a prospective juror not be allowed to become a member of this jury without stating a reason for the request. |
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| A court's power over a person to adjudicate his or her personal rights. Also called in personam jurisdiction. |
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| Pretrial release of a defendant in a criminal case without posting a bond, based solely on a promise to appear. |
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| A formal request or motion. A complaint. |
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| That which can be seen or touched. Also called tangible evidence. |
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| Negotiations whereby an accused pleads guilty to a lesser included offense or to one of multiple charges in exchange for the prosecutions agreement to support a dismissal of some charges or a lighter sentence. |
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| To file a pleading, enter a plea, or argue a case in court. |
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| Formal litigation documents filed by parties that state or respond to the claims and defenses they have against each other. The main pleadings are the complaint and answer. |
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| To ask each member of a body (e.g. a jury) that has just voted to state how he or she individually voted. |
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| A formal request to the court (usually made through the court clerk) that something be done. |
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| Teh request for damages or other form of judicial relief. |
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| A prior decision covering a similar issue that can be used as a standard or guide in a later case. |
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| In a motion for new trial - specified prejudicial errors that occured |
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| A pretrial criminal proceeding to determine if probable cause exists that the accused has committed. |
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| Preponderance of the Evidence |
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| The burden of proof that is met when the evidence establishes that it is more likely than not that the facts are as aleged. |
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| An assumption or inference that a certain fact is true once another fact is established. |
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| A meeting of the attorneys and the judge (or magistrate) before the trial to attempt to narrow the issues, to secure stipulations, and to make a final effort to settle the case without a trial. |
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| Major pretrial discovery devices are: interrogatories, deposition, production of documents and things, physical or mental examination, and requests for admission. |
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| A case, as presented, that will prevail unless contradicted and overcome by contrary evidence. |
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| A reasonable belief that a specific crime has been committed and that the accused committed the crime. |
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| You did something incorrectly. |
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| The rules that govern the mechanics of resolving a a dispute in court or in an administrative agency; e.g., a rule on the time by which a party must respond to a complaint. |
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| (1) Brining and processing criminal proceedings against someone. (2) The attorney representing the government in a criminal case. |
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| The attorney representing the government in a criminal case is also called the prosecutor. |
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| An attorney (usually a government employee) appointed by a court and paid by the government to represent an indigent defendant in a criminal case. |
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| To present evidence of a person's education and experience sufficient to convince the court that the witness has expertise in a particular area. |
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| An administrative decision written by an administrative agency that has some characteristics of an opinion written by a court. |
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| Quasi-Independent Regulatory Agency |
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| An administrative agency that has characteristics of an executive department agency and an independent regulatory agency. |
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| A proceeding within an administrative agency that seeks to resolve a dispute in a manner that is similar to a court (i.e., judicial) proceeding to resolve a dispute. |
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| An administrative regulation enacted by an administrative agency that has some characteristics of the legislation (statutes) enacted by the legislature. |
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| See legal issue - A question of law; a question of what the law is. |
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| See legal issue - A question of law; a question of what the law is, or what the law means, or how the law applies to a set of facts. |
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| Occurring now; happening as you are watching; able to respond immediately. |
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| An explanation of why the court resolved a legal issue the way it did; why it reached the particular holding for that issue. |
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| An inference of fact that can be overcome (rebutted) by sufficient contrary evidence. |
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| (1) the official collection of all the trial pleadings, exhibits, orders, and word-for-word testimony given during the trial. (2) to make an official note of; to enter in a document. |
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| Another direct examination of a witness after he or she was cross-examined. |
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| A second hearing by a court to reconsider the decision it made after an realier hearing. |
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| (1) Logically tending to establish or disprove a fact. Pertinent. Relevant evidence is evidence having any tendency to make the existence of a fact more probable or less probable thatn it would be without the evidence. |
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| Redress, assistance, or protection given by law from a court. |
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| To send back a case to a lower tribunal with instructions from a higher tribunal (e.g., an appellate court) on how to proceed. |
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| A method of alternative dispute resolution (ADR) consisting of arbitration or mediation in which the arbitrator or mediator is a retired judge. (sometimes called rent-a-judge) |
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| (1) A volume or set of volumes of court opinions. Also called case reports. An official reporter is printed under the authority of the government. |
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| (RFA) A method of discovery in which one party asks another to admit the truth of any matter that pertains to a statement or opinion of fact or the application of law to fact. |
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| A method of discovery wherein a party requests for certain documents and things to assist in discovery devices. |
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| (A thing adjudicated) - a final judgment on the merits will preclude the same parties from later relitigating the same claim and any other claim based on the same facts or transaction that could have been raised in the first suit but was not. |
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| The party against whom an appeal is brought - (also called appellee). |
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| To rest one's case is to announce formally that you have concluded the presentation of evidence. |
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| (1) An amount of money (or other property) paid by a client as a deposit or advance against future fees, costs and expenses fo providing services. (2) the act of hiring or engaging the services of someone, ususally a professional. |
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| Means to overturn a holding on appeal in the same litigation. |
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| The power of a court to examine the correctness of what a lower tribunal has done. |
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| A rule that requires certain witnesses to be removed from the courtroom until it is time for their individual testimony so that they will nto be able to hear each other's testimony. |
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| The procedural laws that govern the mechanics of litigation (practice and procedure) before a particular court. |
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| To comply with a legal obligation. |
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| The upper chamber in a bicameral legislature. |
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| A judgment formally pronouncing the punishment to be inflicted on one convicted of a crime. |
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| A formal delivery of notice to a defendant that a suit has been initiated to which he or she must respond. Process is the means used by the court to acquire ro exercise its power or jurisdiction over a person. |
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| (1) An agreement resolving a dispute without full litigation. |
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| There are shadow jurors taht are hired by one side to observe a trial as members of the general audience and as the trial progresses, to give feedback to a jury consultant hired by the attorney of one of the parties who will use the feedback to assess strategy for the remainder of the trial. |
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| An official of a county or parish charged primarily with judicial duties. |
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| A statement of how convincing a version of fact must be before the trier of facts (usually the jury) can accept it as true. |
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| Issues that arise from or are based on the state consitution, state statutes, state administrative regulations, state common law, or other state laws. |
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| Stating a Cause of Action |
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| Including facts in a pleading that, if proved at trial, would entitle the party to judicial relief (assuming the other party does not plead and prove any defenses that would defeat the effort). |
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| A law passed by the state or federal legislature that declares, commands, or prohibits something. |
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| A law stating that civil or criminal actions are barred if not brought within a specified period of time. |
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| The suspension of a judgment or proceeding. |
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| An agreement between opposing parties about a particular matter. |
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| To remove the testimony or evidence from the written record or transcript of the trial. |
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| Subject Matter Jurisdiction |
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| The court's power to resolve a particular kind or category of dispute. |
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| A command to appear at a certain time and place. |
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| Subpoena Ad Testificandum |
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| A command to apepar at a certain time and place to give testimony. |
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| A command that a witness appear at a certain time and place and bring specified things such as documents or records. |
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| A signature, the act of signing one's name. |
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| Nonprocedural laws that define or govern rights and duties. |
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| Quick, expedited, withtout going through a full adversary hearing. |
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| A method of alternative dispute resoluation (ADR) in which the parties present their evidence and arguments to an advisory jury, which renders a nonbinding verdict. |
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| (1) A notice directing the defendant to appear in court and answer the plaintiff's complaint or face a default judgment. (2) A notice directing a witness or juror to appear in court. |
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| (1) To uphold or agree with. |
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| To delay ruling on the motion until another time. |
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| Evidence that can be seen or touched; evidence that has a physical form. |
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| A defendant's complaint against someone who is not now a party on the basis that the latter may be liabile for all or part of what the plaintiff might recover from the defendant. |
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| A system designed to provide reminders of important dates. |
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| A chronological presentation of significant events, often organized as a straight-line diagram. |
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| Within the time set by contract or law. |
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| A word-for-word account. A written copy of oral testimony. |
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| When all parties and attorney are assembled in the courtroom to resolve a case. |
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| An attorney's personal notes on how to conduct a trial. Also called trial manual. An attorney's presentation to a trial court of the legal issues and positions of his or her client. |
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| An attorney's trial memorandum - an attorney's presentation to a trial court of the legal issues and positions of his or her client. |
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| A new trial as if a prior one had not taken place. |
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| An attorney's personal notes on how to conduct a trial and also his/her presentation to a trial court of the legal issues and positions of his or her client in memo form. |
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| A collection of documents, arguments, and strategies that an attorney plans to use during a trial. |
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| Rulings from the judge during trial. |
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| Ultimate facts set forth the cause of action. (normally found in fact pleadings). |
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| Having one house in the legislature. |
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| United States Court of Appeals |
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| teh main intermediate appellate court in the federal court system. |
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| United States District Court |
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| The main trial court in the federal judicial system. |
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| United States Supreme Court |
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| The court of final resort in the federal judicial system. |
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| Upon Information and Belief |
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| Is when the plaintiff lacks personal knowledge of a fact being alleged, the fact should be stated upon information and belief. |
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| The proper county or geographical area in which a court with jurisdiction may hear a case. The place of the trial. |
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| The final conclusion of the jury. |
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| An affidavit stating that a party has read the pleading and swears that it is true to the best of his or her knowledge. |
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| A rejection by the chief executive of a bill passed by the legislature. |
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| ("To Speak The Truth") A preliminary examination of prospective jurors for the purpose of selecting persons qualified to sit on a jury. |
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| The express or implied relinquishment of a right or privilege. |
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| An order from a judicial officer authorizing an act, e.g., the arrest of an individual or the search of property. |
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| An order (or writ) by a higher court that a lower court send up the record of a case because the higher court has decided to use its descretion to review that case. |
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