Legal Terms and Definitions

Glossary of Legal Terms

Premeditation The planning of a crime preceding the commission of the act, rather than committing the crime on the spur of the moment. Prosecutor For himself; in his own behalf. One who does not retain a lawyer and appears for himself in court. Assumption of risk In tort law, a defense to a personal injury suit. The essence of the defense is that the plaintiff assumed the known risk of whatever dangerous condition caused the injury Child abuse Any form of cruelty to a child's physical, moral or mental well-being. Immunity Legal protection from liability. There are many categories of immunity in civil and criminal law. For example, sovereign immunity protects government agencies from civil liability and judicial immunity protects judges acting in their official capacities. Hostile witness A witness who displays antagonism toward the party who called him to testify, or who is a witness for the opposing party. The examining party is allowed to conduct direct examination as if it were cross-examination. Citation An order of the court requiring the appearance of a defendant on a particular day to answer to a particular charge. Executor A person assigned to carry out the provisions of a will

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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.