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February 27, 2010
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Legal Terms and Definitions

 


Glossary of Legal Terms

 

Exclusive jurisdiction
The matter can only be filed in one court

Extraordinary writ
A writ, often issued by an appellate court, making available remedies not regularly within the powers of lower courts. They include writs of habeas corpus, mandamus, prohibition and quo warranto.

Common law
General provisions of law existing before codification or interpretation by courts.

Due process
The guarantee of due process requires that no person be deprived of life, liberty, or property without a fair and adequate process. In criminal proceedings (as well as juvenile) this guarantee includes the fundamental aspects of a fair trial, including the right to adequate notice in advance of the trial, the right to counsel, the right to confront and cross-examine witnesses, the right to refuse self-incriminating testimony, and the right to have all elements of the crime proven beyond a reasonable doubt

Witness
One who testifies under oath to what he/she has seen, heard or otherwise observed.

Warrant
A written order issued and signed by a judge or magistrate which allows the police to search a place and seize specified items found there (search warrant), or to arrest or detain a specified person (arrest warrant

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

Quid pro quo
To overthrow; vacate; to annul or void a summons, indictment, bindover order or subpoena.

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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 Fayetteville and nationwide:

President Bush On The Middle East
Let me start by telling you I'm monitoring the situation in the Middle East very closely. Secretary Rice was in the region over the weekend and she...
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SEC Votes to Adopt Changes to Disclosure Requirements
Washington, D.C., July 26, 2006 - The Securities and Exchange Commission today voted to adopt changes to the rules requiring disclosure of executiv...
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President Signs H.R. 889
I have today signed into law H.R. 889, the "Coast Guard and Maritime Transportation Act of 2006." The Act authorizes funding for and strengthens th...
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Legal Terms

 


Today's Terms

Recidivism

Definition:
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.

Criminal case

Definition:
A case brought by the government against a person accused of committing a crime.

Due process

Definition:
The guarantee of due process requires that no person be deprived of life, liberty, or property without a fair and adequate process. In criminal proceedings (as well as juvenile) this guarantee includes the fundamental aspects of a fair trial, including the right to adequate notice in advance of the trial, the right to counsel, the right to confront and cross-examine witnesses, the right to refuse self-incriminating testimony, and the right to have all elements of the crime proven beyond a reasonable doubt

More Legal Terms >

 

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