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November 20, 2008
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Legal Terms and Definitions

 


Glossary of Legal Terms

 

Defendant
The accused in a criminal case; the person from whom money or other recovery is sought in a civil case.

Annual review
Yearly judicial review, usually in juvenile dependency cases, to determine whether the child requires continued court supervision or placement

Preliminary injunction
In civil cases when it is necessary to preserve the status quo prior to trial, the court may issue a preliminary injunction or temporary restraining order ordering a party to carry out a specified activity.

Default
Occurs when a defendant fails to respond to the plaintiff's complaint within the time allowed, or fails to appear at the trial. The court may then enter a default judgment

With prejudice
A dismissal "with prejudice" bars the right to bring or maintain another action on the same claim or cause.

Direct examination:
The first questioning of a witness by the attorney for the party on whose behalf the witness is called. Usually proceeds with open ended, non leading questions.

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.

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?    
 
 
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 Colorado Springs and nationwide:

SEC Votes to Adopt Changes to Disclosure Requirements
Washington, D.C., July 26, 2006 - The Securities and Exchange Commission today voted to adopt changes to the rules requiring disclosure of executiv...
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Legal News From Across The State
In The Detroit News: "Legislators should revise law on pot and driving; Statute makes criminals out of too many people."

The editorial stat...

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Legal Terms

 


Today's Terms

Comparative negligence

Definition:
The degree to which a person contributed to his/her own injury, damage or death. Usually measured in terms of percentage. Contributory negligence is the failure to exercise care by a plaintiff, which contributed to the plaintiff's injury.

Eschea

Definition:
In American law, the right of the state to an estate left vacant, to which no one makes a valid claim. Property of a decedent who had no will and no heir’s escheats to the state.

Commutation

Definition:
The change of a punishment from a greater degree to a lesser degree, as from death to life imprisonment. In Utah the Board of Pardons may do this

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