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January 05, 2009
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Legal Terms and Definitions

 


Glossary of Legal Terms

 

Probate
The process of proving the validity of a will.

Foreclosure
A termination of all rights of the mortgagor or his grantee in the property covered by the mortgage.

Recidivism
Evidence given to explain, contradict, or disprove facts offered by the adverse party. In criminal cases, the state has the opportunity to rebut the defendant's case because it has the burden of proof.

Summons
A notice to the named person that an action has been commenced against him in court and that he is required to appear, on the day named, and answer the complaint.

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.

Bind over
A judge's decision to hold a criminal defendant for trial.

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.

Brief
A lawyer's written statement of a client's case filed in court. It usually contains a summary of the facts in the case, the pertinent laws, and an argument of how the law applies to the facts supporting the client's position.

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Did You Know?    
 
 
Mediation may not be the most appropriate avenue for resolution in all cases.

For example, it may not be appropriate in cases where: A definitive or authoritative resolution of the matter is required; The matter involves or may bear upon significant questions of Government policy that require additional procedures before a final resolution may be made; Maintaining established policies that apply to many people is especially important; The matter significantly affects persons or groups who are not parties to the process; A full public record of the proceeding is important; or The agency must maintain continuing jurisdiction over the matter with authority to alter the disposition of the matter in light of changed circumstances.

 


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Latest news about legal cases in Cleveland 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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Florida Court Imposes Over $25M in Sanctions in Fraud Case
Washington, D.C.—The U.S. Commodity Futures Trading Commission (CFTC) announced today that, on May 19, 2006, the Honorable Daniel T. K. Hurley of t...
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NEW MARIJUANA LAWS
The new marijuana laws created by House Bill 149, which will soon be signed byGovernor Murkowski, will immediately affect those who possess fo...
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Legal Terms

 


Today's Terms

No-fault divorce

Definition:
A kind of divorce in which the parties need not cast blame on one another for the failure of the marriage.

Bail bond

Definition:
an obligation signed by the defendant, with sureties, to secure his/her presence in court;

Stipulation

Definition:
A certain time allowed by statute in which litigation must be brought. In criminal cases, prosecution is barred if not brought within the statute of limitations.

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  • Personal Injury Law
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