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February 27, 2010
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Legal Terms and Definitions

 


Glossary of Legal Terms

 

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.

Conviction
In a criminal case, a finding that the defendant is guilty.

Redirect examination
A kind of bail, consisting of a written promise to appear in court when required. Generally, when there is no good reason to suppose the accused in a criminal case will not appear when required or the accused is not a significant risk to the community, he or she will be released on his or her own recognizance.

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

Comparative negligence
The degree to which a person contributed to his/her own injury, damage or death. Usually measured in terms of percentage. Contributory negligence is the failure to exercise care by a plaintiff, which contributed to the plaintiff's injury.

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

Ex post facto
After the fact, ordinarily used in reference to constitutional prohibition on ex post facto laws. For example, a person cannot be punished for conduct committed before a criminal law was enacted

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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:

NEW MARIJUANA LAWS
The new marijuana laws created by House Bill 149, which will soon be signed byGovernor Murkowski, will immediately affect those who possess fo...
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Legal News From Across The State
In The Detroit News: "Legislators should revise law on pot and driving; Statute makes criminals out of too many people."

The editorial stat...

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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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Legal Terms

 


Today's Terms

Mens rea

Definition:
Literally, "guilty mind." The intent required to commit the crime. One of the two basic requirements, along with the guilty act (actus reus), which constitute a crime.

Preliminary injunction

Definition:
In civil cases when it is necessary to preserve the status quo prior to trial, the court may issue a preliminary injunction or temporary restraining order ordering a party to carry out a specified activity.

Double jeopardy

Definition:
Common law and constitutional prohibition (5th Amendment) against more than one prosecution for the same crime

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