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January 07, 2010
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Legal Terms and Definitions

 


Glossary of Legal Terms

 

Habeas corpus
Latin phrase meaning "you have the body"; a civil proceeding used to review the legality of a prisoner's confinement in criminal cases. Habeas corpus actions are commonly used as a means of reviewing state or federal criminal convictions. The petitioner alleges the convictions violated state or federal constitutional rights. State habeas proceedings start in state District Court; federal habeas proceedings start in federal District Court. Lower court decisions may be appealed to appellate courts.

Probable cause
A judicial finding that there exists reasonable grounds for belief that a person should be arrested or searched.

Objection
The act of taking exception to some statement or procedure in trial or other proceeding. Used to call the court's attention to improper evidence or procedure.

Contract
An oral or written agreement between two or more parties, which is enforceable by law.

Writ
A petition to a court for some extraordinary relief, such as asking the court to release a defendant from imprisonment.

Ne exeat
A writ that forbids the person to whom it is addressed to leave the country, the state or the jurisdiction of the court.

Guardian ad litem
In Utah State Court proceedings, a lawyer appointed by a court to look after the interests of an infant, child or incompetent person during court proceedings.

Public defender
In a civil tort action such as a medical malpractice suit, the plaintiff must show that an act or omission of the defendant was a proximate cause of the plaintiff's injury or loss. Similarly, in a criminal action, the state must prove beyond a reasonable doubt that the defendant's action was the direct cause of the crime

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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 Austin 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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Legislative Initiative to Combat Child Pornography on the Internet
WASHINGTON, D.C. – In a speech today at the National Center for Missing and Exploited Children (NCMEC) in Alexandria, Virginia, Attorney General Al...
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Highlights: FY07 Homeland Security Appropriation Bill
The House bill provides $32.08 billion for the Department of Homeland Security (DHS) in fiscal year 2007, $1.8 billion above the fiscal year 2006 e...
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Legal Terms

 


Today's Terms

Assumption of risk

Definition:
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

Referral

Definition:
Follows cross-examination, and is conducted by the party who first examined the witness.

Instruction

Definition:
A direction given by the judge to the jury concerning the law to be applied in the case.

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