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Equity, courts of
Courts which administer a legal remedy according to the system of equity, as distinguished from courts of common law. The English system upon which most American states modeled their court systems included two separate sets of courts: equity and law. Although Utah has now combined the two in a single system, court continues to refer to their powers in equity as distinct from their functions as courts of law. Equitable powers are flexible and try to do justice. Courts of law are rigid and must act strictly according to the law.
Defendant
The accused in a criminal case; the person from whom money or other recovery is sought in a civil case.
In loco parentis
In the place of the parent"; refers to actions of a custodian, guardian or other person acting in the parent's place.
Negligence
Failure to exercise the care that an ordinarily prudent person would exercise in the same circumstances.
Moot
A moot point is one that need not be decided, due to a change of circumstances.
Exclusion of witnesses
An order of the court requiring all witnesses to remain outside the courtroom until each is called to testify, except the plaintiff or defendant. The witnesses are ordered not to discuss their testimony with each other and may be held in contempt if they violate the order.
Direct evidence
Evidence in the form of testimony from a witness who actually saw, heard, or touched the subject of interrogation.
Bail bondsman
A person who posts bail in exchange for a fee, usually 10 percent of the total bail.
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