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February 27, 2010
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Legal Terms and Definitions

 


Glossary of Legal Terms

 

Cross-examination
The questioning of a witness by the lawyer for the opposing side. This may be done by leading questions, questions that suggest the answer.

Respondent
Literally, "a superior (or master) must answer." The doctrine which holds that employers are responsible for the acts and omissions of their employees and agents, when done within the scope of the employees' duties.

Arrest of judgment
Postponing the effect of a judgment already entered.

Embezzlement
The fraudulent appropriation by a person to his own use or benefit of property or money entrusted to him by another.

Subpoena
An agreement by attorneys on opposite sides of a case as to any matter pertaining to the proceedings or trial. It is not binding unless agreed to by the parties, and most stipulations must be in writing.

Preponderance of evidence
Evidence that is (even minimally) of greater weight or more convincing than the evidence, which is offered in opposition to it. This is the standard by which a plaintiff must prove his/her case in a civil suit.

Cause of action
A claim in law in fact sufficient to justify a legal right to sue

Multiplicity of actions
Numerous and unnecessary attempts to litigate the same issue.

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Did You Know?    
 
 
Alternative Dispute Resolution describes problem-solving processes

Alternative Dispute Resolution describes problem-solving processes that promote creative solutions to disputes that are unavailable in traditional dispute resolution forums. May include a specialist

 


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Latest news about legal cases in Mobile and nationwide:

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Legal Terms

 


Today's Terms

Hearing de novo

Definition:
A full new hearing.

Polling the jury

Definition:
A practice whereby the jurors are asked individually on the record whether they agreed, and still agree, to the verdict.

Equity, courts of

Definition:
Courts which administer a legal remedy according to the system of equity, as distinguished from courts of common law. The English system upon which most American states modeled their court systems included two separate sets of courts: equity and law. Although Utah has now combined the two in a single system, court continues to refer to their powers in equity as distinct from their functions as courts of law. Equitable powers are flexible and try to do justice. Courts of law are rigid and must act strictly according to the law.

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