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August 24, 2010
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Legal Terms and Definitions

 


Glossary of Legal Terms

 

Restitution
A party is said to "rest" or "rest his case" when he/she has presented all the evidence he/she intends to offer.

Lis pendens
A pending suit.

Appeal
The bringing of a case to a higher court for review of a lower court's order or judgment.

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.

Mens rea
Literally, "guilty mind." The intent required to commit the crime. One of the two basic requirements, along with the guilty act (actus reus), which constitute a crime.

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.

No bill
This phrase, endorsed by a grand jury on an indictment, means that, in the opinion of the jury, evidence was insufficient to warrant the return of a formal charge.

Brief
A lawyer's written statement of a client's case filed in court. It usually contains a summary of the facts in the case, the pertinent laws, and an argument of how the law applies to the facts supporting the client's position.

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Did You Know?    
 
 
Alternative Dispute Resolution describes problem-solving processes

Alternative Dispute Resolution describes problem-solving processes that promote creative solutions to disputes that are unavailable in traditional dispute resolution forums. May include a specialist

 


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Latest news about legal cases in Fayetteville and nationwide:

Mason Named Exec Assistant Director
Washington D.C.—Director Robert S. Mueller, III is pleased to announce the appointment of Michael A. Mason to be Executive Assistant Director (EAD)...
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Colapietro's Fake Air Bag and Gas Price Posting Bills Become Law
Bills dealing with unfair trade practices, standards earn Governor's signature

State Senator Tom Colapietro (D-Bristol) today announced tha...

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Hurricane Katrina Fraud: Do You Pass The Test?

Many cases have resulted in charges and convictions. Three recent examples: On January 30, a Florida con artist who claimed he was a pilot...

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Legal Terms

 


Today's Terms

Interrogatories

Definition:
In the discovery phase of civil litigation, these written questions are submitted by one party to another party and must be answered in writing under oath.

False pretenses

Definition:
Representation of some fact or circumstance which is not true and is calculated to mislead, whereby a person obtains another's money or goods

Competency

Definition:
A witness's ability to observe, recall and recount under oath what happened. Criminal defendants must also be competent to stand trial; they must understand the nature of the proceedings and have the ability to assist their lawyers.

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