Legal Terms and Definitions

Glossary of Legal Terms

Probate The process of proving the validity of a will. Power of attorney A written instrument authorizing another (not necessarily a lawyer) to act as one's agent or attorney. 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. Ex parte By or for one party only. Ordinarily courts are not allowed to engage in communications with one party only (ex parte communications). Both parties must be heard. Complain The first pleading on the part of the plaintiff in a civil action. Court reporter A court official who records testimony and arguments, and transcribes it into a permanent record of all court proceedings. Manslaughter A person recklessly causes the death of another, or acting under extreme emotional disturbance, causes the death of another, or acting under circumstances when a person reasonably believes the circumstances provide a legal justification or excuse for his conduct constitutes manslaughter. Commit To send a person to prison or jail in criminal proceedings, or to another institution in civil cases by authority of a court.

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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.