Legal Terms and Definitions

Glossary of Legal Terms

Estoppel A person's own act, or acceptance of facts, which preclude later claims to the contrary. Counterclaim A claim presented by a defendant in a civil proceeding in opposition to the claim of a plaintiff. Criminal insanity Lack of mental capacity to do or abstain from doing a particular act; inability to distinguish right from wrong. Law and motion A setting before a judge at which time a variety of motions, pleas, sentencing, orders to show cause or procedural requests may be presented. Normally, evidence is not taken. Defendants must be present. Waive To give up a right or claim voluntarily. Plea-bargaining A process whereby the prosecutor and defense attorney negotiate a mutually satisfactory disposition of the case. The court and the defendant must approve of any settlements. For example, a guilty plea may be exchanged for a lesser charge or a sentencing recommendation, or for dismissal of one or more of the charges in multi-count information, or for dismissal of another case. Pleading The formal allegations by the parties of their respective claims and defenses. Circumstantial evidence All evidence of an indirect nature. Testimony not based on actual personal knowledge or observation of the facts in controversy.

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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.