Stare Decisis in the United States Latin for "let the decision stand." Stare Decisis (Judicial Function) holds that once a principle of law is established for a particular legal situation, courts should adhere to that principle in similar cases in the future. The case in which the […]
Appeal in the United States A request to an appellate or superior court to review a final judgment made in a lower court. Appellate jurisdiction is the power conferred upon appeals courts to conduct such a review. It empowers the court to set aside or modify the lower court decision. An […]
Mandamus in the United States An extraordinary writ issued by a court under its equity jurisdiction to require anyone, but most often a public official, to perform a specified official act. Mandamus is an affirmative command calling for an action to occur. When a mandamus is issued against a […]
Jurisdiction in the United States The power of a court to act, including its authority to hear and decide cases. Jurisdiction defines the boundaries within which a particular court may exercise judicial power. Judicial power is specifically conveyed through the assignment of jurisdiction. The […]
Negligence in United States Negligence Definition The breach of a legal noncontractual duty to use care, with no precise intention of producing a particular injury thereby. See Shear. & R. Neg. §3; Beven, Emp. Liab. An inadvertent imperfection by a responsible human agent in the […]
Evidence in the United States Material presented as proof at a trial. Evidence provides the basis upon which a fact dispute is resolved. Evidence generally takes the form of witness testimony or physical objects such as documents and records. Parties to a dispute are entitled to submit […]
Ordinance in United States Ordinance Definition In Modern Usage. A law passed by the legislative body of a municipal corporation for the government of such municipality. 117 Ind. 221. In Old Law. The term was applied to laws of other than municipal bodies. The following account of the […]
Plea Bargaining in the United States A process whereby the prosecutor and the accused negotiate through his or her attorney a mutually acceptable settlement in a criminal case. The practice of plea bargaining is extensive in the United States. Approximately ninety percent of all criminal […]
Statute in the United States Law enacted by the legislative branch of government. Statutes are enacted by legislatures under power authorized and means prescribed by federal and state constitutions. Resolutions adopted by legislative bodies are not considered statutes. Law adopted by […]
Appellee in United States Appellee Definition In practice. The party in a cause against whom an appeal has been taken. Appellee in Foreign Legal Encyclopedias LinkDescription Appellee, Appellee in the World Legal Encyclopedia., Appellee, Appellee in the European Legal Encyclopedia., […]
Pleading in United States Pleading Definition
In Chancery Practice'. Consists in making the formal written allegations or statements of the respective parties on the record to maintain the suit, or to defeat it, of which, when contested in matters of fact, they propose to offer proofs, […]
Adjudication in the United States The judicial act of making a judgment in a legal action. Adjudication involves formal decision making processes as a court moves to a final judgment in a lawsuit. Adjudication requires, at minimum, notice to all parties that a decision is being sought, and an […]
Hearsay in the United States A statement by a witness repeating the words of another person rather than testifying on the basis of direct knowledge. Hearsay testimony is not based on what a witness sees, hears, or otherwise senses himself or herself. Rather, hearsay repeats what someone else […]
Extraordinary Writ in the United States Extraordinary Writ in the context of Juvenile and Family Law Definition ofExtraordinary Writ, published by the National Council of Juvenile and Family Court Judges: A writ, often issued by an appellate court, making available remedies not regularly […]
Certiorari in the United States A writ or order to a lower court, whose decision is being challenged, to send up the records of the case so a higher court can review the lower court’s decision. Certiorari means to be informed, and may be granted to the losing party by the Supreme Court. Until […]
Complaint in the United States A charging method generally reserved for less serious criminal violations. A complaint may also be used in civil cases in which the assertion of a claim is made to initiate the legal action. In criminal cases, a complaint is submitted to a judicial officer and […]
Misdemeanor in the United States A misdemeanor is a relatively minor criminal offense. Misdemeanors are generally punished by fine, but can involve detention at a county jail for up to one year. Misdemeanors are defined by each state and will vary somewhat. Some states choose to create […]
Common Law in the United States Common Law Definition That system of law or form of the science of jurisprudence which has prevailed in England and in the United States of America, in contradistinction to other great systems, such as the Roman or civil law. As distinguished from statute […]
Competency in the United States Competency in the context of Juvenile and Family Law Definition ofCompetency published by the National Council of Juvenile and Family Court Judges:In the law of evidence, a witness’s ability to observe, recall and recount under oath what happened. Meaning of […]
Fourteenth Amendment in the United States Fourteenth Amendment (Framing) United States Constitution According to the Encyclopedia of the American Constitution, about its article titled FOURTEENTH AMENDMENT (Framing) The Fourteenth Amendment to the United States Constitution consists of a […]
Stipulation in the United States An agreement between parties to a legal action on some matter related to that action. A stipulation may be to a point of fact or procedure. The parties may stipulate or agree, for example, that the incident on which the suit is based occurred on a particular […]
Subpoena Duces Tecum in United States Plain-English Law Subpoena Duces Tecum as defined by Nolo’s Encyclopedia of Everyday Law (p. 437-455):A type of subpoena, usually issued at the request of a party to a lawsuit, by which a court orders a witness to produce certain documents at a deposition […]
Allegation in United States Allegation Definition The assertion, declaration, or statement of a party of what he can prove. In Ecclesiastical Law. The statement of the facts intended to be relied on in support of the contested suit. It is applied either to the libel, or to the answer of the […]
Hearing De Novo in the United States Hearing de Novo in the context of Juvenile and Family Law Definition ofHearing de Novo, published by the National Council of Juvenile and Family Court Judges: A full new hearing or trial, as opposed to review on a transcript or record. Meaning of Hearing […]
Appellant in United States Appellant Definition In practice. He who makes an appeal from one jurisdiction to another. Appellant in Foreign Legal Encyclopedias LinkDescription Appellant, Appellant in the World Legal Encyclopedia., Appellant, Appellant in the European Legal Encyclopedia., […]
Privileged Communications in United States Practical Information Note: Some of this information was last updated in 1982Any information one person derives from another by reason of a confidential relationship existing between the parties. The parties to such communications are, under certain […]
Material in United States Material Definition (1) That which enters into the erection or repair of any structure. It does not include tools or facilities used. 71 Pa. St. 293,(2) That which is essential or important, Material in Foreign Legal Encyclopedias LinkDescription Material, […]
Respondent in the United States The party against whom a motion is filed. The respondent responds to or answers the motion. The term respondent may be used to refer to defendants at the trial level or the party against whom an appeal is commenced. At the appellate level, the respondent may […]
Physical Evidence in the United States Physical Evidence in the context of Juvenile and Family Law Definition ofPhysical Evidence, published by the National Council of Juvenile and Family Court Judges: Any tangible piece of proof (document, X-ray, weapon, etc.). Also called Real evidence.
Standard Of Proof in the United States Standard Of Proof and the State Laws Select from the list of U.S. States below for state-specific information on Standard Of Proof: Standard Of Proof in the Subject Index of the Alabama Portal Standard Of Proof in the Subject Index of the Alaska Portal […]
Writ in the United States A written order from a court requiring the recipient of the order to do what is commanded. Numerous kinds of writs exist, but they generally are directed either toward commencement or furtherance of a lawsuit, or they require some particular action to be performed. […]
Quantum of Proof in the United States Quantum of Proof in the context of Juvenile and Family Law Definition ofQuantum of Proof, published by the National Council of Juvenile and Family Court Judges: See STANDARD OF PROOF.
Warrant in the United States An order issued by a court authorizing the arrest of a person or the search of a specified location. The warrant requirement in criminal cases is found in the Fourth Amendment following the assertion of the people’s right to be secure against unreasonable […]
Felony in the United States A classification that covers the most serious kind of crime. Felonies can be penalized by imprisonment for a year or more. A felony is different from petty crimes, which are called misdemeanors. Conviction for certain felonies may bring the possibility of the death […]
In Camera in United States In Camera Definition In private; in chambers. In Camera in Foreign Legal Encyclopedias LinkDescription In Camera, In Camera in the World Legal Encyclopedia., In Camera, In Camera in the European Legal Encyclopedia., In Camera, In Camera in the Asian Legal […]
Quo Warranto in United States Quo Warranto Definition (Lat. by what authority). In Old Practice. The name of a writ (and also of the whole pleading) by which the government commences an action to recover an office or franchise from the person or corporation in possession of it. The writ […]
V0ir Dire in the United States V0ir Dire in the context of Juvenile and Family Law Definition ofV0ir Dire, published by the National Council of Juvenile and Family Court Judges: 1) Procedure by which attorneys questions prospective jurors to determine any biases or prejudices. 2) In some […]
Fourth Amendment in the United States United States Constitution According to the Encyclopedia of the American Constitution, about its article titled FOURTH AMENDMENTThe Fourth Amendment gives citizens the right to be secure in their persons, homes, papers, and effects by prohibiting the […]
Relevant in United States Relevant Definition In the law of evidence. Having relation; applicable. Relevant evidence is evidence applicable to the issue. Relevant in Foreign Legal Encyclopedias LinkDescription Relevant, Relevant in the World Legal Encyclopedia., Relevant, Relevant in the […]
Next Friend in United States Next Friend Definition One who, without being regularly appointed guardian, acts for the benefit of an infant, married woman, or other person not sui juris. Same as prochein ami (q. v.) Next Friend in Foreign Legal Encyclopedias LinkDescription Next Friend, […]
Hearing in United States Hearing Definition In legal contemplation, the word hearing, when used in connection with the trial of a lawsuit, includes not only the listening to the examination of the witnesses but the entire judicial examination of the issues, both of law and of fact, between […]
Opinion Evidence in the United States Opinion Evidence in the context of Juvenile and Family Law Definition ofOpinion Evidence, published by the National Council of Juvenile and Family Court Judges: Witnesses are normally required to confine their testimony to statements of fact and are not […]
Prima Facie in United States Prima Facie Definition At first view; from the appearance, vyithout contradiction or explanation. Prima Facie in Foreign Legal Encyclopedias LinkDescription Prima Facie, Prima Facie in the World Legal Encyclopedia., Prima Facie, Prima Facie in the European […]
Malice in United States Malice Definition In Crimes. In its broadest legal sense, the term is substantially synonymous with criminal intent, and means the state of mind of a person, irrespective of his motive, whenever he consciously violates the law. In this sense, every person who is sui […]
Incest in United States Incest Definition The carnal copulation of a man and a woman related to each other in any of the degrees within which marriage is prohibited by law. Bish. Mar. & Div. 214221. Incest in Foreign Legal Encyclopedias LinkDescription Incest, Incest in the World Legal […]
Testimony in United States Testimony Definition The statement made by a witness under oath or affirmation. For distinction between testimony and evidence, see Evidence. Testimony in Foreign Legal Encyclopedias LinkDescription Testimony, Testimony in the World Legal Encyclopedia., […]
Admissible Evidence in United States Practical Information Note: Some of this information was last updated in 1982Evidence that a trial court may receive in deciding the case. Various rules determine whether evidence may be admitted. The judge may properly receive only admissible evidence and […]