The combination of those rules and principles of conduct promulgated by
legislative authority, derived from court decisions and established by
clerks - Persons trained in the law who assist the judges in researching
- A civil action; a court proceeding to enforce a right (rather than to
convict a criminal).
- A person licensed to practice law; other words for "lawyer" include:
attorney, counsel, solicitor and barrister
- non-professional; for example: a lawyer would call a non-lawyer a lay
person and a doctor would call a non-doctor a lay person.
advocate - a paralegal who specializes in representing persons in administrative
question - One which suggests to a witness the answer desired. Prohibited
on direct examination.
jurisdiction - Refers to courts that are limited in the types of criminal
and civil cases they may hear. District, municipal and police courts are
courts of limited jurisdiction.
- One who is engaged in a lawsuit.
- Contest in court; a law suit.
- Court official with limited authority.
Professional misconduct or unreasonable lack of skill. A claim of malpractice
must prove two things. One, you must prove that you could have won your
case were it not for your lawyer's negligence. And, secondly, you must
prove that your lawyer's actions were negligent.
- Command from a court directing the enforcement of a judgment, sentence
- Criminal offenses less than felonies; generally those punishable by fine
or imprisonment of less than 90 days in a local facility. A gross misdemeanor
is a criminal offense for which an adult could be sent to jail for up to
one year, pay a fine up to $5,000 or both.
- Erroneous or invalid trial. Usually declared because of prejudicial error
in the proceedings or when there was a hung jury.
circumstances - Those which do not constitute a justification or excuse
for an offense but which may be considered as reasons for reducing the
degree of blame.
- Oral or written request made by a party to an action before, during or
after a trial upon which a court issues a ruling or order.
Unsettled; undecided. A moot point is one not settled by judicial decisions.
- The absence of ordinary care.
- Written or oral pledge by a person to keep a promise or speak the truth.
- Statement by an attorney taking exception to testimony or the attempted
admission of evidence and opposing its consideration as evidence.
counsel - Phrase used to identify attorneys that are employed by a
party to assist in the preparation and management of a case but who are
not the principal attorneys of record in the case.
- 1. A person who has committed a felony, as established by state law and
is eighteen years of age or older. 2. A person who is less than eighteen
but whose felony case has been transferred by the juvenile court to a criminal
- 1. To make a proposal ; to present for acceptance or rejection.
2. To attempt to have something admitted into evidence in a trial;
to introduce evidence 3. An "offer" in contract law is a proposal to make
a deal. It must be communicated successfully from the person making
it to the person to whom it is made and it must be the person to whom it
is made and it must be definite and reasonably certain in its terms.
hearing - A pretrial hearing normally scheduled at the same time the
trial date is established. Purpose of the hearing is to ensure each party
receives (or "discovers") vital information concerning the case held by
the other. In addition, the judge may rule on the scope of discovery or
on the admissibility of challenged evidence.
statement - The initial statement made by attorneys for each side,
outlining the facts each intends to establish during the trial.
- statement of decision by a judge or court regarding a case tried before
it. Published opinions are printed because they contain new legal interpretations.
Unpublished opinions, based on legal precedent, are not printed.
per curiam - Phrase used to distinguish an opinion of the whole court
from an opinion written by only one judge.
- 1. Court's denial of any motion or point raised to the court. 2. To overturn
or void a decision made in a prior case.
- Persons, corporations, or associations, who have commenced a law suit
or who are defendants.
challenge - Procedure which parties in an action may use to reject
prospective jurors without giving reason. Each side is allowed a limited
number of such challenges.
- Written application to a court requesting a remedy available under law.
for review - A document filed in the state Supreme Court asking for
a review of a decision made by the Court of Appeals.
- Making intentionally false statements under oath. Perjury is a criminal
The party who begins an action; the party who complains or sues in an action
and is named as such in the court's records. Also called a petitioner.
- A defendant's official statement of "guilty" or "not guilty" to the charge(s)
made against him.
Formal, written allegations by the parties of their respective claims.
the jury - A practice whereby the jurors are asked individually whether
they agreed, and still agree, with the verdict.
of attorney - Document authorizing another to act as one's agent or
attorney in fact (not an attorney at law).
Previously decided case which is recognized as an authority for determining
of evidence - The general standard of proof in civil cases. The weight
of evidence presented by one side is more convincing to the trier of facts
than the evidence presented by the opposing side.
judge - Chief or administrative judge of a court.
- The legal process of establishing the validity of a will and settling
- Any hearing or court appearance related to the adjudication of a case.