|
Lawyer growing Terms
and Definition Database:
What is an
attorney?
Attorneys are the legal
representatives of their
clients in court in
criminal and civil trials.
Attorneys advise
their clients as to their legal
rights and
particular courses of action in
individual
cases.
What types of law do
attorneys practice?
The types of law that
attorneys practice cover
almost every aspect
of society. Some examples
include criminal,
family, real estate and
personal injury
law.
Where can I find an
attorney?
There are many ways to find an
attorney.
You can find one on an online
attorney directory
where information is
available about attorneys at
their websites.
Your state’s bar association will
also have a
referral service that can put you in
touch
with an attorney. Word-of-mouth and the
phone book are the standard ways of finding
an
attorney.
What kind of attorney
do I need?
A lot of attorneys specialize in
one area of the
law. General practitioners,
however, have a wide
range of matters that
they handle. If your legal
matter involves a
specialized area of law like
family,
bankruptcy, taxation, or patent laws,
then
you need to contact a specialist.
How much do attorneys
charge?
Attorney fees can cost a pretty penny
depending
on what type of case you have and
how much time
an attorney will spend on your
case. There are
several different types of
fee arrangements,
including hourly flat fees
and contingent fees.
Hourly fees are
calculated by multiplying the
amount of
hours an attorney works on your case
by the
attorney’s hourly rate. Contingent fees
are
fees that allow the attorney to receive a
certain agreed-upon percentage of any
judgment
amounts you receive. A fixed rate
places a set
price for the services an
attorney will provide
you with. Attorney
fees are usually calculated
without
including court costs and filing fees
that
are usually paid upfront by the client.
Always ask potential attorneys to explain
their
fees and billing practices prior to
engaging
their services.
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.
Terms:
Lis
pendens
Definition:
A
pending suit.
Fraud
Definition:
An
intentional perversion
of truth; deceitful
practice
or device resorted to with
intent to deprive another
of property or
other right
Impeachment of
witness
Definition:
An
attack on the credibility
of a
witness.
Interstate
compact
A contract between member states to
supervise
juveniles on probation or parole,
and to return
delinquent juveniles who have
escaped or
nondelinquent juveniles who have
run away,
from one state to
another
Restraining
order
Court-ordered payment to restore goods
or
money to the victim of a crime by the
offender.
Et seq
An
abbreviation for et sequentes, or et sequentia,
"and the following," ordinarily used in
referring
to a section of statutes.
Docket
A brief
entry or the book containing such entries
of
any proceeding in court.
Cross-claim
In a
civil proceeding, if there are two or more
defendants, one defendant can raise a claim
against
another defendant.
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
Inadmissible/incompetent
evidence
Information that is so unreliable it
cannot be admitted
under the established
rules of evidence.
Preponderance of
evidence
Evidence that is (even minimally) of
greater weight
or more convincing than the
evidence, which is offered
in opposition to
it. This is the standard by which a
plaintiff must prove his/her case in a civil
suit.
Negligence
Failure
to exercise the care that an ordinarily
prudent
person would exercise in the same
circumstances.
Appeal
The
bringing of a case to a higher court for review
of a lower court's order or judgment.
Corroborating
evidence
Evidence supplementary to that
already given and
tending to strengthen or
confirm it.
Defamation
The
making of false, derogatory statements about a
person's character, morals, abilities,
business
practices or financial status.
(Includes libel,
which is written, and
slander, which is spoken).
Hypothetical
question
A form of question generally used
for expert witnesses.
The examiner states a
factual foundation
(often based on disputed
facts) and asks the expert
to draw
conclusions based on the hypothetical
foundation.
The hypothetical question
includes only facts already in
evidence.
Direct
evidence
Evidence in the form of testimony
from a witness who
actually saw, heard, or
touched the subject of
interrogation.
Moral
turpitude
Conduct contrary to honesty or good
morals.
Termination of
parental rights
A judicial proceeding freeing
a child from all custody
and control by
parents, so the child can be adopted by
others.
Code
A collection,
compendium or revision of laws, rules
and
regulations enacted by the legislature, i.e.,
Utah Code Annotated.
Res ipsa
loquitur
State laws requiring certain
designated persons
(physicians, nurses,
teachers) to report to the
authorities
suspected cases of child abuse and
injuries.
Intestate
The
status of a person who dies without leaving a
will.
Proximate cause
A
court order following a judgment on the ground
of
neglect or abuse, whereby the child is
permitted to
remain in his home, and
supervision and assistance to
correct the
neglect or abuse is provided by the
probation department or other agency
designated by
the court.
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
Preliminary
injunction
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.
Diversion
Procedures for handling
relatively insignificant
juvenile problems
informally, without referral to
Juvenile
Court. In criminal cases, the formal
continuance of a case for a certain length
of time,
usually a year, with the goal of
dismissal if the
defendant meets certain
conditions.
Petit jury
The
ordinary jury of twelve (or fewer) persons for
the
trial of a civil or criminal case. So
called to
distinguish it from the grand
jury.
IAre you currently
seeking legal information regarding
Newport
News laws? If so, contact one of our Newport
News attorneys today!
Fee simple
absolute
The most complete, unlimited form of
ownership of
real property.
Proximate cause
A
court order following a judgment on the ground
of
neglect or abuse, whereby the child is
permitted to
remain in his home, and
supervision and assistance
to correct the
neglect or abuse is provided by the
probation department or other agency
designated by
the court.
Mitigating
circumstance
A circumstance that may be
considered to reduce the
degree of moral
culpability, although it does not
entirely
justify or excuse an offense.
Non compos
mentis
Not of sound mind; insane.
Immunity
Legal
protection from liability. There are many
categories of immunity in civil and criminal
law.
For example, sovereign immunity
protects government
agencies from civil
liability and judicial immunity
protects
judges acting in their official capacities.
Retainer:
Similar
to an injunction, commanding the party to
leave the other party alone, usually in a
divorce
proceeding.
Indeterminate
sentence
An indefinite sentence of
imprisonment, within a
specified range (e.g.
"5 to life") with the Board
of Pardons later
determining the exact term to be
served.
Appellate court
A
court that hears appeals from a lower
court
Mandamus
A
writ by which a court commands the
performance
of a particular act.
Abstract of
record
A short, abbreviated form of the case
as found
in the record.
Rest
1) the person
who is the subject of a petition,
2) the
prevailing party in a court case against
whom an appeal is taken.
Moral
turpitude
Conduct contrary to honesty or good
morals.
Bind over
A
judge's decision to hold a criminal defendant
for trial.
Et al
An
abbreviation of et alii, meaning "and others,"
ordinarily used in lieu of listing all names
of
persons involved in a proceeding.
Impanel
To seat a
jury. When voir dire is finished and
both
sides have exercised their challenges,
the
jury is impaneled. The jurors are sworn in
and the trial is ready to proceed.
Amicus curiae
A
friend of the court; a nonparty who interposes,
with the permission of the court, and
volunteers
information upon some matter
before the court.
Foreclosure
A
termination of all rights of the mortgagor or
his grantee in the property covered by the
mortgage.
Interrogatories
In
the discovery phase of civil litigation, these
written questions are submitted by one party
to
another party and must be answered in
writing
under oath.
Felony
A felony is
a major crime for which the maximum
imprisonment is more than one year in a
state
correctional institution. The court
may also
impose a fine. Felonies are
classified into four
categories: capital,
1st degree, 2nd degree,
and 3rd degree.
Peremptory
challenge
Each party to a suit tried to a
jury has the right
to peremptorily
"challenge" (reject) a certain
number of
prospective jurors without giving a
reason.
By contrast, the parties have unlimited
rights to challenge jurors for good cause,
but
the judge must approve "for cause
challenges."
Parties may not exercise
peremptory challenges
on the basis of race
or gender.
Hearing de novo
A
full new hearing.
prima
facie
Literally, "on its face." A fact
presumed to be
true unless disproved by some
other evidence.
In a criminal case, when the
prosecution rests,
the state's case is said
to be prima facie, if
the evidence so far
introduced is sufficient to
convict.
Motion
A formal
request presented to a court.
Certiorari
See
writ of certiorari
Definition:
Physical condition of a
child indicating that
external or internal
injuries result from acts
committed by a
parent or custodian. Also termed
Parent
Infant Trauma Syndrome (P.I.T.S.).
Habeas
corpus
Definition:
Latin
phrase meaning "you have the body";
a civil
proceeding used to review the legality
of a
prisoner's confinement in criminal cases.
Habeas corpus actions are commonly used as a
means
of reviewing state or federal criminal
convictions.
The petitioner alleges the
convictions violated
state or federal
constitutional rights. State habeas
proceedings start in state District Court;
federal
habeas proceedings start in federal
District Court.
Lower court decisions may be
appealed to appellate
courts.
False
pretenses
Definition:
Representation of some
fact or circumstance which
is not true and
is calculated to mislead, whereby
a person
obtains another's money or goods
Definition:
The
continued, habitual or compulsive commission of
law violations after first having been
convicted of
prior offenses.
Entrapment
Definition:
In
criminal procedures, a complete defense.
The
defendant must show that officers induced the
defendant to commit a crime not contemplated
by him,
for the purpose of instituting a
criminal prosecution
against him.
Commit
Definition:
To
send a person to prison or jail in criminal
roceedings, or to another institution in
civil
cases by authority of a
court.
More coming
very soon in this growing expanding
database.
We will very soon add comments to the
definitions
and term
explanations.
| 
