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August 24, 2010
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Legal Terms and Definitions

 


Glossary of Legal Terms

 

Counterclaim
A claim presented by a defendant in a civil proceeding in opposition to the claim of a plaintiff.

Code
A collection, compendium or revision of laws, rules and regulations enacted by the legislature, i.e., Utah Code Annotated.

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.

res judicata
Literally, "a thing that speaks for itself." In tort law, the doctrine, which holds a defendant guilty of negligence without an actual, shows that he or she was negligent. Its use is limited in theory to cases in which the cause of the plaintiff's injury was entirely under the control of the defendant, and the injury presumably could have been caused only by negligence.

Continuance
A court order postponing proceedings.

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.

Moot
A moot point is one that need not be decided, due to a change of circumstances.

Hearsay
Second-hand evidence, generally consisting of a witness's testimony that he/she heard someone else say something.

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Latest news about legal cases in Concord 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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Media Advisory On How To Obtail 911 Calls From Sept 11th
New York, March 29, 2006 – The New York City Law Department today announced that CDs would be made available on Fri., March 31, 2006, containing po...
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Legal Terms

 


Today's Terms

Appellate jurisdiction

Definition:
The appellate court has the right to review and revise the lower court decision.

Mandamus

Definition:
A writ by which a court commands the performance of a particular act.

presentment

Definition:
In felony cases, the first appearance before a judge at which the defendant is formally notified of the charges and a date is set for a preliminary hearing. No plea is entered at this stage. If, after the preliminary hearing, the case is bound over to the District Court, the defendant will enter a plea during arraignment in District Court. (Presentment is often incorrectly called arraignment.)

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