Legal advice; a term also used to refer to the lawyers in a case. Count . An allegation in an indictment or information, charging a defendant with a crime. An indictment or information may contain allegations that the defendant committed more than one crime. Each allegation is referred to as a count. Court
continuance - Decision by a judge to postpone trial until a later date. contract - An agreement between two or more persons that creates an obligation to do or not to do a particular thing. conviction - A judgment of guilt against a criminal defendant. counsel - Legal advice; a term used to refer to lawyers in a case.
Action - Case, cause, suit, or controversy disputed or contested before a court. Additur - An increase by a judge in the amount of damages awarded by a jury. Adjudication - Judgment rendered by the court after a determination of the issues. Ad Litem - A Latin term meaning “for the purpose of the lawsuit.”.
1. A statement of acceptance of responsibility. 2. The short declaration at the end of a legal paper showing that the paper was duly executed and acknowledged. Action. In the legal sense, a formal complaint or a suit brought in court. Additur. An increase by a judge of the amount of damages awarded by a jury.
Specialized terminology refers to words that are specific to the legal profession. Some specialized terms originated within the legal system for the purpose of conveying meanings specific to law.
brief - A written statement submitted by the lawyer for each side in a case that explains to the judge(s) why they should decide the case (or a particular part of a case) in favor of that lawyer's client.
Writ of Habeas Corpus. A writ of habeas corpus orders the custodian of an individual in custody to produce the individual before the court to make an inquiry concerning his or her detention, to appear for prosecution (ad prosequendum) or to appear to testify (ad testificandum).
Bar - general term referring to a group of attorneys - example: "The Bar of the 26th Judicial District is active in community issues." Bench - term used to refer to judges or the court - example: "Please approach the bench" refers to approaching the judge. Biological Father – the natural father of a child.
Case law, also used interchangeably with common law, is law that is based on precedents, that is the judicial decisions from previous cases, rather than law based on constitutions, statutes, or regulations.
In a criminal case, the government's lawyer is called the prosecutor -- usually an assistant district attorney (state court cases) or assistant U.S. attorney (federal court cases). Criminal defendants may be represented by a public defender, a lawyer appointed by the court, or a private attorney hired by the defendant.
The five types of writs are:Habeas Corpus.Mandamus.Prohibition.Certiorari.Quo-Warranto.
Primary tabs. An Administrator Ad Prosequendum is appointed by the court to bring and prosecute a case on behalf of the deceased person's estate. A court typically appoints an administrator to pursue a claim only if the person died intestate.
If he was brought before a court, he could apply for habeas corpus and be released. If they did not, habeas corpus would be one trenchant recourse of the patient and of the patient's friends. The purpose of the habeas corpus procedure is to ensure that no person is held unlawfully.
Legalese TranslatorLegaleseTranslationamongstamongand/or"and" or "or" or possibly "A or B or both"any and allallapproximatelyabout170 more rows
Principles of Clear WritingWrite in the active voice. The active voice eliminates confusion by forcing you to name the actor in a sentence. ... Use action verbs. Avoid words like this: ... Use "must" instead of "shall". shall. ... Be direct. ... Use the present tense. ... Write positively. ... Avoid use of exceptions. ... Avoid split infinitives.More items...•Mar 1, 2022
Federal criminal juries consist of 12 persons. Federal civil juries consist of six persons. plaintiff - The person who files the complaint in a civil lawsuit. plea - In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges in open court.
bail - Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
A. acquittal - Judgment that a criminal defendant has not been proven guilty beyond a reasonable doubt. affidavit - A written statement of facts confirmed by the oath of the party making it. Affidavits must be notarized or administered by an officer of the court with such authority.
To make such a request is "to appeal" or "to take an appeal.". Both the plaintiff and the defendant can appeal, and the party doing so is called the appellant. Appeals can be made for a variety of reasons including improper procedure and asking the court to change its interpretation of the law.
appellate - About appeals; an appellate court has the power to review the judgment of another lower court or tribunal. arraignment - A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
charge to the jury - The judge's instructions to the jury concerning the law that applies to the facts of the case on trial. chief judge - The judge who has primary responsibility for the administration of a court. The chief judge also decides cases, and the choice of chief judges is determined by seniority.
circumstantial evidence - All evidence that is not direct evidence (such as eyewitness testimony). clerk of court - An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
Bail - Cash or surety posted to procure the release of a defendant in a criminal proceeding by insuring his/her future attendance in court, and compelling him/her to remain within the jurisdiction of the court.
Affidavit of Insolvency - A detailed form signed by the defendant, under oath, attesting to his/her indigency (inability to pay for private legal counsel).
Appeal Bond - A sum of money posted by a person appealing a judicial decision (appellant). Appearance – (1) The formal proceeding by which a defendant submits to the jurisdiction of the court. (2) A written notification to the plaintiff by an attorney stating that s/he is representing the defendant.
Arrest Warrant – An order by a judge that gives permission for a police officer to arrest a person for allegedly committing a crime. Assault - Threat to inflict injury with an apparent ability to do so. Also, any intentional display of force that would give the victim reason to fear or expect immediate bodily harm.
Amend – Improve, correct or change a complaint or other pleading. Amicus Curiae - A friend of the court. One not a party to a case who volunteers, or is asked by the court, to offer information on a point of law or some other aspect of the case to assist the court in deciding a matter before it.
A way to discharge a claim whereby the parties agree to give and accept something in settlement of the claim that will replace the terms of the parties’ original agreement. Accord is the new agreement; satisfaction is performance of the new agreement.
Appeal - An application to a higher court for review of an order of conviction or of a civil judgment against a party.
More precisely, conduct which falls below the standard of care established by law for the protection of others against unreasonable risks of harm. In order to prevail in a negligence action, the plaintiff must prove, by a preponderance of the evidence, the following four elements: (1) that the defendant owed the plaintiff a duty of care; (2) that the defendant breached that duty; (3) that the defendant's breach of his or her duty of care caused the plaintiff's injury; (4) that the plaintiff suffered injury.
Once a notice of compensation payable is filed, benefits would begin to be paid, and must begin to be paid, no later than 21 days after the employer receives notice of an employee's injury. Notice of Injury.
Amicus Curiae. (Latin: "friend of the court.") Person or organization that files a legal brief with the court expressing its views on a case involving other parties because it has a strong interest in the subject matter of the action. Admissible Evidence.
A Latin term meaning for the purposes of the lawsuit. For example, a guardian "ad litem" is a person appointed by the court to protect the interests of a minor or legally incompetent person in a lawsuit. Allegation. The claim made in a pleading by a party to an action setting out what he or she expects to prove.
A reinstatement petition must be filed within three years of the date of the last workers compensation payment.
Administrator or Administratrix. Person appointed by a court to administer a deceased person's estate. The person may be male (in which case, he would be referred to as the "administrator") or female (in which case, she would be referred to as the "administratrix"). Adversary Proceeding.
Accepted Claim. A claim in which the insurance company accepts that your injury or illness will be covered by workers compensation. Acknowledgment. 1. A statement of acceptance of responsibility. 2. The short declaration at the end of a legal paper showing that the paper was duly executed and acknowledged. Action.
By definition, a record is a written account of all the acts and proceedings in a lawsuit. The most recognizable types of legal information, whether in paper or digital form, include case documents (such as photos, video, transcripts, timelines, and audio) and court records. Court records can be broken down into two categories: civil and criminal.
These types of records can be broken down into a few categories, including: Property Rights: land, probate, contracts, agreements, leases, licenses.
Court records can be broken down into two categories: civil and criminal. Civil Court Records include divorce, car accidents, consumer rights claims and bankruptcy records. These documents will typically include contact information, a case status and a written opinion.
Depending on the type of clients you represent, legal records and case documents can come from a court, police department or public prosecutor.
Alford Doctrine: A plea in a criminal case in which the defendant does not admit guilt, but agrees that the state has enough evidence against him or her to get a conviction. Allows the defendant to enter into a plea bargain with the state. If the judge accepts the Alford Plea, a guilty finding is made on the record.
Adult Probation: A legal status, applied to people 16 years of age and older, who have been convicted of a crime and placed under the supervision of a probation officer for a period of time set by the court.
Delinquent: In civil or family cases, failing to pay an amount of money when due: In juvenile cases, a child who violated a law, local ordinance, or an order of the Superior Court.
Adult Court Transfer: The transfer of juveniles who are at least fourteen years old to regular criminal dockets in Geographical Area or Judicial District courts. Also involves the transfer from a Juvenile Detention Center to the State Department of Correction.
Surety bond: The court requires cash, real estate or a professional bail bondpersons signature as collateral before releasing the defendant back into the community. (The court may allow the defendant to post ten percent of the bond in cash to secure his or her release.)
Annulment: A court order declaring that a marriage is invalid. Answer: A court document, or pleading, in a civil case, by which the defendant responds to the plaintiff's complaint. Appeal: Asking a higher court to review the decision or sentence of a trial court because the lower court made an error.
Family Relations Counselor: A person who mediates disagreements and negotiates agreements in custody, visitation and divorce cases. At the request of the judge, a family relations counselor may evaluate a family situation by interviewing each parent and the children in the family.
Since under the law of agency the employer (the principal) is liable for the acts of his employee (agent), if a person who is not an agent appears to an outsider (a customer) to have been... appeal. 1) v. to ask a higher court to reverse the decision of a trial court after final judgment or other legal ruling.
n. the amounts of money due or owed to a business or professional by customers or clients. Generally, accounts receivable refers to the total amount due and is considered in calculating the value of a business or the business's problems in paying its own debts. Evaluation of the chances of collectin... accretion.
n. the written report on a title search which shows the history of every change of ownership on a piece of real estate, and any claims against the property , such as easements on the property, loans against it, deeds of trust, mortgages, liens, judgments, and real property taxes.
abstract. n. in general, a summary of a record or document, such as an abstract of judgment or abstract of title to real property.
n. a judge's order to law enforcement officers to arrest and bring to jail a person charged with a crime, also called a warrant of arrest. The warrant is issued upon a sworn declaration by the district attorney, a police officer or an alleged victim that the accused person committed a crime. arson.
father of the family. The head of household, for purposes of considering the rights and responsibilities thereof. (Civil law) bonus paterfamilias: a standard of care equivalent to the common law ordinary reasonable man. Other degrees of care are: diligens paterfamilias - higher standard of care, greater diligence;
Forfeiture clause for nonperformance of a contract, especially (1) a provision that a pledge shall be forfeited if a loan is defaulted, or (2) a condition that money paid on a contract of sale shall be forfeited and the sale rescinded if outstanding payments are defaulted.
Under Common Law, a remedy to compute reasonable damages when a contract has been breached – the implied promise of payment of a reasonable price for goods. In contract law, for requirements of consideration, reasonable worth for goods delivered.
in the place of a parent. Used to refer to a person or entity assuming the normal parental responsibilities for a minor. This can be used in transfers of legal guardianship, or in the case of schools or other institutions that act in the place of the parents on a day-to-day basis. / ɪn ˌloʊkoʊ pəˈrɛntɪs /. in mitius.
Common law. An a fortiori argument is an "argument from a stronger reason", meaning that, because one fact is true, a second (related and included) fact must also be true. Divorce a mensa et thoro indicates legal separation without legal divorce. An argument derived after an event, having the knowledge about the event.
statu quo. the state in which. In contract law, in a case of innocent representation, the injured party is entitled to be replaced in statu quo. Note the common usage is status quo from the Latin status quo ante, the "state in which before" or "the state of affairs that existed previously.".
Used when a court or tribunal hands down a decision that is contrary to the laws of the governing state. A contradiction between parts of an argument. Used in contract law to stipulate that an ambiguous term in a contract shall be interpreted against the interests of the party that insisted upon the term's inclusion.
Falsification of documents generally refers to a criminal offense. This offense involves the: Possessing of a document for unlawful purposes. Common examples of fake legal documents include: Personal checks. Falsifying documents is considered to be a white collar crime, and may be referred to by other names depending on the state.
The amount of money or property that was stolen as a result of the fraud; and. The person, business, or entity that was the targeted victim. If the defrauded entity is the federal government, there may be heavier penalties to contend with, as well as federal charges rather than state charges.
An example of this would be when a person is charged with tax evasion; or, the person has intentionally acted to defraud the IRS. Tax filers may make a careless mistake; this is not the same as intentionally deceiving the IRS.
Personal checks. Falsifying documents is considered to be a white collar crime, and may be referred to by other names depending on the state. It can even be included as part of other collateral crimes.
Falsification of a document is a very serious crime and you will want someone to defend your rights. Such an attorney can explain to you your state’s laws regarding the matter, as well as determine if any defenses are available to you based on the specifics of your case. They will also represent you in court as needed.
An example of this would be how a conviction will stay on your criminal record. Any party who is legally permitted to check your criminal history, such as law enforcement, will be able to learn of the conviction. Additionally, a conviction could determine whether you are hired or terminated.
Additionally, you will need to prove that you did not know that the documents in question were falsified.