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February 27, 2010
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Legal Terms and Definitions

 


Glossary of Legal Terms

 

Summons
A notice to the named person that an action has been commenced against him in court and that he is required to appear, on the day named, and answer the complaint.

Opinion evidence
Witnesses are normally required to confine their testimony to statements of fact and are not allowed to give their opinions in court. However, if a witness is qualified as an expert in a particular field, he or she may be allowed to state an opinion as an expert based on certain facts.

Intervention
A proceeding in a civil suit by which a third person is permitted by the court to join as a party to the suit.

Restitution
A party is said to "rest" or "rest his case" when he/she has presented all the evidence he/she intends to offer.

Direct evidence
Evidence in the form of testimony from a witness who actually saw, heard, or touched the subject of interrogation.

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.

Battery
Actual physical violence, whether serious or minor, inflicted on a person. (A mere threat is called assault, whereas the completed act is called battery).

Redirect examination
A kind of bail, consisting of a written promise to appear in court when required. Generally, when there is no good reason to suppose the accused in a criminal case will not appear when required or the accused is not a significant risk to the community, he or she will be released on his or her own recognizance.

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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 Mobile and nationwide:

Executive Order: Protecting the Property Rights
Section 1. Policy. It is the policy of the United States to protect the rights of Americans to their private property, including by limiting the ta...
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Highlights: FY07 Homeland Security Appropriation Bill
The House bill provides $32.08 billion for the Department of Homeland Security (DHS) in fiscal year 2007, $1.8 billion above the fiscal year 2006 e...
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Legal Terms

 


Today's Terms

Hung jury

Definition:
A jury that cannot agree on a final verdict. If a jury is hung, the court declares a mistrial and the case may be re-tried.

Dispositional report

Definition:
In Juvenile Court, a written report relating to the child's mental, physical, and social history, submitted by the juvenile probation department or other designated agency to assist the judge in determining a proper disposition

Leading question

Definition:
One that virtually instructs a witness how to answer or puts into his mouth words to be echoed back; one, which suggests to the witness the answer, desired. Ordinarily prohibited on direct examination, although allowed on cross-examination.

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