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February 26, 2010
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Legal Terms and Definitions

 


Glossary of Legal Terms

 

Peremptory challenge
Each party to a suit tried to a jury has the right to peremptorily "challenge" (reject) a certain number of prospective jurors without giving a reason. By contrast, the parties have unlimited rights to challenge jurors for good cause, but the judge must approve "for cause challenges." Parties may not exercise peremptory challenges on the basis of race or gender.

Commutation
The change of a punishment from a greater degree to a lesser degree, as from death to life imprisonment. In Utah the Board of Pardons may do this

Parol evidence
Oral or verbal evidence (rather than written). The parol evidence rule limits the admissibility of parol evidence which would directly contradict the clear meaning of terms of a written contract. Oral or verbal evidence (rather than written). The parol evidence rule limits the admissibility of parol evidence which would directly contradict the clear meaning of terms of a written contract.

Malicious prosecution
A merit less (civil or criminal) action instituted solely to harass the defendant. Such misuse of the judicial process may be the basis for an action against the original plaintiff/prosecutor.

Pleading
The formal allegations by the parties of their respective claims and defenses.

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

Petit jury
The ordinary jury of twelve (or fewer) persons for the trial of a civil or criminal case. So called to distinguish it from the grand jury.

Default
Occurs when a defendant fails to respond to the plaintiff's complaint within the time allowed, or fails to appear at the trial. The court may then enter a default judgment

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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 Tulsa and nationwide:

"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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Michigam Supreme Court To Hear Arguments Of '05-'06 Term
LANSING, MI, April 28, 2006 – Where a woman was injured while helping her husband on the job, and she sued his employer in state circuit court, was...
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Media Advisory On How To Obtail 911 Calls From Sept 11th
New York, March 29, 2006 – The New York City Law Department today announced that CDs would be made available on Fri., March 31, 2006, containing po...
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Legal Terms

 


Today's Terms

Criminal case

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

Mistrial

Definition:
A trial, which is void because of some error.

Defendant

Definition:
The accused in a criminal case; the person from whom money or other recovery is sought in a civil case.

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