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February 27, 2010
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Legal Terms and Definitions

 


Glossary of Legal Terms

 

Felony
A felony is a major crime for which the maximum imprisonment is more than one year in a state correctional institution. The court may also impose a fine. Felonies are classified into four categories: capital, 1st degree, 2nd degree, and 3rd degree.

Change of venue
The removal of a suit begun in one county or district to another for trial, or from one court to another in the same county or district. In criminal cases, for example, a change of venue will be permitted if the court feels the defendant cannot receive a fair trial where the court is located.

Plea-bargaining
A process whereby the prosecutor and defense attorney negotiate a mutually satisfactory disposition of the case. The court and the defendant must approve of any settlements. For example, a guilty plea may be exchanged for a lesser charge or a sentencing recommendation, or for dismissal of one or more of the charges in multi-count information, or for dismissal of another case.

Hearing de novo
A full new hearing.

Judgment
The official decision of a court disposing of a case.

prima facie
Literally, "on its face." A fact presumed to be true unless disproved by some other evidence. In a criminal case, when the prosecution rests, the state's case is said to be prima facie, if the evidence so far introduced is sufficient to convict.

Dependent child
A child who is homeless or without proper care through no fault of the parent, guardian, or custodian.

Concurrent jurisdiction
The jurisdiction of two or more courts, each authorized to deal with the same subject matter.

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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 Mesquite and nationwide:

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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Executive Order: Protecting the Property Rights
Section 1. Policy. It is the policy of the United States to protect the rights of Americans to their private property, including by limiting the ta...
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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,...
Read more >


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Legal Terms

 


Today's Terms

Preliminary injunction

Definition:
In civil cases when it is necessary to preserve the status quo prior to trial, the court may issue a preliminary injunction or temporary restraining order ordering a party to carry out a specified activity.

Nominal party

Definition:
One, who is joined as a party or defendant merely because the technical rules of pleading require his presence in the record,

Certification

Definition:
Generally used to refer to the process of transferring a minor's case from the Juvenile Court to the adult court for trial. Usually reserved for capital or first-degree felonies or for chronic offenders.

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