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July 20, 2010
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Legal Terms and Definitions

 


Glossary of Legal Terms

 

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.

Annual review
Yearly judicial review, usually in juvenile dependency cases, to determine whether the child requires continued court supervision or placement

Forcible entry and detainer
Ordinarily refers to a summary proceeding for restoring possession of land to one who has been wrongfully deprived of possession

Abandonment
A parent's or custodian's act of leaving a child without adequate care, supervision, support or parental contact for an excessive period of time. Also, the desertion of one spouse by the other with the intent to terminate the marriage relationship.

Preliminary hearing
A probable cause hearing which screens felony criminal cases by deciding whether there is enough evidence to warrant a trial. If the judge determines there is sufficient evidence, the defendant is "bound over" for trial. The defendant may waive this hearing.

Negligence
Failure to exercise the care that an ordinarily prudent person would exercise in the same circumstances.

Et seq
An abbreviation for et sequentes, or et sequentia, "and the following," ordinarily used in referring to a section of statutes.

Criminal insanity
Lack of mental capacity to do or abstain from doing a particular act; inability to distinguish right from wrong.

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Did You Know?    
 
 
The mediation process may vary depending on the mediator.

Generally, mediations commence with a general session with all parties, counsel and the mediator. At the general session, there will be a discussion of the case, the issues on appeal and other matters important to settlement. Then the mediator will meet separately with each party and their counsel in separate "caucuses." In these separate sessions, the mediator will seek to foster negotiations between the parties and develop agreement.

 


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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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NEW MARIJUANA LAWS
The new marijuana laws created by House Bill 149, which will soon be signed byGovernor Murkowski, will immediately affect those who possess fo...
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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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Legal Terms

 


Today's Terms

Hearing

Definition:
A formal proceeding (generally less formal than a trial) with definite issues of law or of fact to be heard.

Verdict

Definition:
The formal and unanimous decision or finding made by a jury. .

Courts of record

Definition:
Courts whose proceedings are permanently recorded, and which have the power to fine or imprison for contempt. In Utah, they include the Supreme Court, the Court of Appeals, district courts and juvenile courts. Courts not of record are those of lesser authority whose proceedings are not permanently recorded, i.e., the Justice Courts

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