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July 03, 2009
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Legal Terms and Definitions

 


Glossary of Legal Terms

 

Jury commissioner
An officer charged with the duty of selecting the names to be put into a jury wheel, or of drawing the panel of jurors for a particular term of court.

Estoppel
A person's own act, or acceptance of facts, which preclude later claims to the contrary.

Holographic will
A will entirely written, dated and signed by the testator in his/her own handwriting.

Abandonment
A parent's or custodian's act of leaving a child without adequate care, supervision, support or parental contact for an excessive period of time. Also, the desertion of one spouse by the other with the intent to terminate the marriage relationship.

Answer
A pleading by which defendant responds to the plaintiff's complaint

Harmless error
An error committed by a lower court during a trial, but not prejudicial to the rights of the party and for which the appellate court will not reverse the judgment.

Negligence
Failure to exercise the care that an ordinarily prudent person would exercise in the same circumstances.

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.

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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 Beaumont and nationwide:

Executive Order: Protecting the Property Rights
Section 1. Policy. It is the policy of the United States to protect the rights of Americans to their private property, including by limiting the ta...
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Michigam Supreme Court To Hear Arguments Of '05-'06 Term
LANSING, MI, April 28, 2006 – Where a woman was injured while helping her husband on the job, and she sued his employer in state circuit court, was...
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Hurricane Katrina Fraud: Do You Pass The Test?

Many cases have resulted in charges and convictions. Three recent examples: On January 30, a Florida con artist who claimed he was a pilot...

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Legal Terms

 


Today's Terms

Stipulation

Definition:
A certain time allowed by statute in which litigation must be brought. In criminal cases, prosecution is barred if not brought within the statute of limitations.

Fitness hearing

Definition:
A hearing held in Juvenile Court to determine the fitness of a minor for retention in Juvenile Court, and the minor's amenability to Juvenile Court resources. Must be held before any evidence is heard on a petition for detention. Such a hearing is a prerequisite to transfer of a minor's case to adult court. Also called certification hearing

Habeas corpus

Definition:
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.

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