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February 27, 2010
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Legal Terms and Definitions

 


Glossary of Legal Terms

 

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.

Guardian ad litem
In Utah State Court proceedings, a lawyer appointed by a court to look after the interests of an infant, child or incompetent person during court proceedings.

Garnishment
A court order to take part of a person's wages, before he gets them, and apply the amount taken to pay a debt owed to a creditor

Fiduciary
A person who has assumed a special relationship to another person or another person's property, such as a trustee, administrator, executor, lawyer, or guardian. The fiduciary must exercise the highest degree of care to maintain and preserve the person's rights and/or property, which are within his/her charge

Ex parte
By or for one party only. Ordinarily courts are not allowed to engage in communications with one party only (ex parte communications). Both parties must be heard.

Fourth Amendment
The 4th Amendment to the U.S. Constitution protects every person against unreasonable search and seizure by government officials

Decree
A decision or order of the court. A final decree is one, which fully and finally disposes of the litigation. An interlocutory decree is a preliminary decree, which is not final.

Order to show cause
Court order requiring a party to appear and show cause why the court should not take a particular course of action. If the party fails to appear or to give sufficient reasons why the court should take no action, the court will take the action. In criminal cases, the defendant must show why probation should not be revoked.

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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 Fort Lauderdale and nationwide:

Man Charged After Attempting To Make Copy Of The Medical College Admissions Test
A Westwood man has been charged with several federal criminal offenses for copying the Medical College Admissions Test -- commonly called the MCAT ...
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"Michigan Courts" Website Debuts
LANSING, MI, November 16, 2005 -- Information about Michigan’s courts will be easier to find on thenewly-redesigned “Michigan Courts” website,...
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Judiciary Calls for Funding to Maintain Course
The federal courts have asked Congress to provide a fiscal year 2007 appropriation sufficient to build on the gains achieved in FY 2006, or risk re...
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Legal Terms

 


Today's Terms

Citation

Definition:
An order of the court requiring the appearance of a defendant on a particular day to answer to a particular charge.

Fitness hearing

Definition:
A hearing held in Juvenile Court to determine the fitness of a minor for retention in Juvenile Court, and the minor's amenability to Juvenile Court resources. Must be held before any evidence is heard on a petition for detention. Such a hearing is a prerequisite to transfer of a minor's case to adult court. Also called certification hearing

Evidence

Definition:
Testimony, records, documents, material objects, or other things presented at a trial to prove the existence or nonexistence of a fact.

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