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February 26, 2010
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Legal Terms and Definitions

 


Glossary of Legal Terms

 

Restitution
A party is said to "rest" or "rest his case" when he/she has presented all the evidence he/she intends to offer.

Nominal party
One, who is joined as a party or defendant merely because the technical rules of pleading require his presence in the record,

Concurrent sentence
Sentence under which two or more prison or jail terms are served simultaneously, and the prisoner is entitled to discharge when the longest term specified expires (i.e., sentences of 1 to 15 years and 0 to 5 years means a maximum sentence of 15 years). Differs from a consecutive sentence, which is when the sentences are served back-to-back. (A 1 to 15 and 0 to 5 consecutive sentence could mean up to 20 years).

Proximate cause
A court order following a judgment on the ground of neglect or abuse, whereby the child is permitted to remain in his home, and supervision and assistance to correct the neglect or abuse is provided by the probation department or other agency designated by the court.

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.

Indeterminate sentence
An indefinite sentence of imprisonment, within a specified range (e.g. "5 to life") with the Board of Pardons later determining the exact term to be served.

Petition
A civil pleading filed to initiate a matter in Juvenile Court, setting forth the alleged grounds for the court to take jurisdiction of the case and asking the court to do so and intervene.

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.

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Did You Know?    
 
 
Mediation is a process that involves a mediator

Neutral third party who helps the disputing parties achieve a resolution that satisfies both of them. The mediator's primary function is to create constructive communication between parties and provide a forum where disputants can create a mutually satisfactory agreement. Mediators do not impose decisions; instead, they help people craft solutions that will work for them.

 


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Latest news about legal cases in Colorado Springs and nationwide:

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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President Signs H.R. 889
I have today signed into law H.R. 889, the "Coast Guard and Maritime Transportation Act of 2006." The Act authorizes funding for and strengthens th...
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"Michigan Courts" Website Debuts
LANSING, MI, November 16, 2005 -- Information about Michigan’s courts will be easier to find on thenewly-redesigned “Michigan Courts” website,...
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Legal Terms

 


Today's Terms

Parent Infant Trauma Syndrome (P.I.T.S.)

Definition:
See Battered Child Syndrome

Ordinance

Definition:
A written law enacted by the legislative body of a county, city, or town.

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.

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