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August 24, 2010
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Legal Terms and Definitions

 


Glossary of Legal Terms

 

Prejudicial error
Synonymous with "reversible error"; an error which warrants the appellate court in reversing the judgment before it.

Public defender
In a civil tort action such as a medical malpractice suit, the plaintiff must show that an act or omission of the defendant was a proximate cause of the plaintiff's injury or loss. Similarly, in a criminal action, the state must prove beyond a reasonable doubt that the defendant's action was the direct cause of the crime

Docket
A brief entry or the book containing such entries of any proceeding in court.

Ne exeat
A writ that forbids the person to whom it is addressed to leave the country, the state or the jurisdiction of the court.

Trust
A transaction in which the owner of real property or personal property (the trustor or settlor) gives ownership to a trustee, to hold and to manage it for the benefit of a third party, called the "beneficiary."

Allegation
The assertion, declaration, or statement of a party to an action, made in a pleading, establishing what the party expects to prove.

Detention hearing
In Juvenile Court, a judicial hearing, usually held after the filing of a petition, to determine interim custody of a minor pending a judgment

Fifth Amendment
Among other rights, the Fifth Amendment to the U.S. Constitution guarantees that a person cannot be compelled to present self-incriminating testimony in a criminal (or juvenile) proceeding.

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Did You Know?    
 
 
The mediation process may vary depending on the mediator.

Generally, mediations commence with a general session with all parties, counsel and the mediator. At the general session, there will be a discussion of the case, the issues on appeal and other matters important to settlement. Then the mediator will meet separately with each party and their counsel in separate "caucuses." In these separate sessions, the mediator will seek to foster negotiations between the parties and develop agreement.

 


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Latest news about legal cases in Newark and nationwide:

More Than 300 Attorneys Pass Legal Specialist Exam
San Francisco, March 13, 2006 — The State Bar of California announced today that 344 attorneys passed the August 2005 Legal Specialist Examination....
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Current State of Confidentiality Law
One expert has described the current law governing the confidentiality of health care information as a “crazy quilt of Federal and state constituti...
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Public Corruption - FBI's Top Criminal Priority
Washington, DC - Combating public corruption is the top criminal program investigated by the FBI. Over the last two years, FBI investigations have ...
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Legal Terms

 


Today's Terms

Referral

Definition:
Follows cross-examination, and is conducted by the party who first examined the witness.

Arrest of judgment

Definition:
Postponing the effect of a judgment already entered.

Leading question

Definition:
One that virtually instructs a witness how to answer or puts into his mouth words to be echoed back; one, which suggests to the witness the answer, desired. Ordinarily prohibited on direct examination, although allowed on cross-examination.

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