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July 20, 2010
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Legal Terms and Definitions

 


Glossary of Legal Terms

 

Statute of limitations
The judgment formally pronounced by the court upon the defendant after conviction in a criminal prosecution, imposing the punishment to be inflicted.

prima facie
Literally, "on its face." A fact presumed to be true unless disproved by some other evidence. In a criminal case, when the prosecution rests, the state's case is said to be prima facie, if the evidence so far introduced is sufficient to convict.

Plea
The defendant's formal response to a criminal charge (guilty, not guilty, nolo contendere, not guilty by reason of insanity, and guilty and mentally ill).

Rest
1) the person who is the subject of a petition, 2) the prevailing party in a court case against whom an appeal is taken.

En banc
A proceeding in which the entire membership of an appellate court participates in the decision, rather than leaving the decision to a smaller "panel" of the court's members. In Utah, the Court of Appeals is prohibited from sitting en banc.

Battery
Actual physical violence, whether serious or minor, inflicted on a person. (A mere threat is called assault, whereas the completed act is called battery).

Malpractice
A lawsuit brought against a professional person, such as a doctor, lawyer or engineer, for injury or loss caused by the defendant's negligence in providing professional services.

Discovery
The process through which parties to an action are allowed to obtain relevant information known to other parties or nonparties before trial

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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 North Last Vegas and nationwide:

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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Hurricane Katrina Fraud: Do You Pass The Test?

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Legal Terms

 


Today's Terms

Hypothetical question

Definition:
A form of question generally used for expert witnesses. The examiner states a factual foundation (often based on disputed facts) and asks the expert to draw conclusions based on the hypothetical foundation. The hypothetical question includes only facts already in evidence.

Declaratory judgment

Definition:
One which declares the rights of the parties or expresses the opinion of the court on a question of law, without ordering anything to be done.

Prejudicial evidence

Definition:
Evidence which might unfairly sway the judge or jury to one side or the other. For example, photographs of a gory murder scene might inflame a jury without providing useful evidence. May be excluded in criminal cases if prejudicial effect outweighs probative value.

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