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January 07, 2009
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Legal Terms and Definitions

 


Glossary of Legal Terms

 

En banc
A proceeding in which the entire membership of an appellate court participates in the decision, rather than leaving the decision to a smaller "panel" of the court's members. In Utah, the Court of Appeals is prohibited from sitting en banc.

Hearsay
Second-hand evidence, generally consisting of a witness's testimony that he/she heard someone else say something.

Answer
A pleading by which defendant responds to the plaintiff's complaint

Challenge to the array
Questioning the qualifications of an entire jury panel, usually on the grounds of partiality or some fault in the process of summoning the panel.

Not guilty plea
Complete denial of guilt. In criminal cases, a necessary stage of the proceedings required to preserve all legal issues.

Foundation
In a trial, a foundation must be laid to establish the basis for the admissibility of certain types of evidence. For example, expert witnesses' qualifications must be shown before expert testimony will be admissible.

Brief
A lawyer's written statement of a client's case filed in court. It usually contains a summary of the facts in the case, the pertinent laws, and an argument of how the law applies to the facts supporting the client's position.

Preliminary hearing
A probable cause hearing which screens felony criminal cases by deciding whether there is enough evidence to warrant a trial. If the judge determines there is sufficient evidence, the defendant is "bound over" for trial. The defendant may waive this hearing.

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Did You Know?    
 
 
Mediation may not be the most appropriate avenue for resolution in all cases.

For example, it may not be appropriate in cases where: A definitive or authoritative resolution of the matter is required; The matter involves or may bear upon significant questions of Government policy that require additional procedures before a final resolution may be made; Maintaining established policies that apply to many people is especially important; The matter significantly affects persons or groups who are not parties to the process; A full public record of the proceeding is important; or The agency must maintain continuing jurisdiction over the matter with authority to alter the disposition of the matter in light of changed circumstances.

 


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Latest news about legal cases in Chesapeake and nationwide:

More Than 300 Attorneys Pass Legal Specialist Exam
San Francisco, March 13, 2006 — The State Bar of California announced today that 344 attorneys passed the August 2005 Legal Specialist Examination....
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Man Charged After Attempting To Make Copy Of The Medical College Admissions Test
A Westwood man has been charged with several federal criminal offenses for copying the Medical College Admissions Test -- commonly called the MCAT ...
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Legislative Initiative to Combat Child Pornography on the Internet
WASHINGTON, D.C. – In a speech today at the National Center for Missing and Exploited Children (NCMEC) in Alexandria, Virginia, Attorney General Al...
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Legal Terms

 


Today's Terms

Moral turpitude

Definition:
Conduct contrary to honesty or good morals.

Redirect examination

Definition:
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.

Recognizance

Definition:
The continued, habitual or compulsive commission of law violations after first having been convicted of prior offenses.

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