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January 05, 2009
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Legal Terms and Definitions

 


Glossary of Legal Terms

 

Caption
The heading or introductory clause of papers connected with a case in court, which shows the names of the parties, name of the court, docket number of the case, etc

presentment
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.)

Of counsel
A phrase commonly applied to counsel employed to assist in the preparation or management of the case, or its presentation on appeal, but who is not the principal attorney for the party.

Power of attorney
A written instrument authorizing another (not necessarily a lawyer) to act as one's agent or attorney.

Estoppel
A person's own act, or acceptance of facts, which preclude later claims to the contrary.

Precedent
A rule of law that is established by an appellate court in an earlier case serves as binding precedent in all subsequent similar cases.

Misdemeanor
A minor offense, lower than a felony, which is punishable by a county jail term of up to one year and/or a fine, but not prison. Misdemeanors are classified into three categories: Class A, B, and C.

Exclusionary rule
A rule by which evidence that was obtained illegally cannot be used in a criminal trial against a defendant. Also, in criminal cases, a rule which prevents witnesses from observing each other testify or from discussing testimony during the course of the proceedings.

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Did You Know?    
 
 
Mediation has many qualities that make it appealing.

In most cases, mediation is: conciliatory fair quick inexpensive voluntary confidential Mediation also has several key benefits. It promotes: greater participant control customized agreements workable decisions mutually satisfactory outcomes improved relationships high rates of compliance decisions that hold up over time

 


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Latest news about legal cases in Cleveland 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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Legislative Initiative to Combat Child Pornography on the Internet
WASHINGTON, D.C. – In a speech today at the National Center for Missing and Exploited Children (NCMEC) in Alexandria, Virginia, Attorney General Al...
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Colapietro Urges Consumers: "Know What's Tax Exempt Under New Law"
State Senator Tom Colapietro (D-Bristol), chairman of the legislature's General Law Committee, urged consumers today to familiarize themselves with...
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Legal Terms

 


Today's Terms

Search and seizure, unreasonable

Definition:
The closure of court records to inspection, except to the parties.

Deprivation of custody

Definition:
The court transfers legal custody of a person from parents or legal guardian to another person, agency or institution. It may be temporary or permanent.

Deliberation

Definition:
The jury's decision-making process after hearing the evidence and closing arguments and being given the court's instructions.

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