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February 27, 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.

Inter alia
Among other things.

Moot
A moot point is one that need not be decided, due to a change of circumstances.

Summons
A notice to the named person that an action has been commenced against him in court and that he is required to appear, on the day named, and answer the complaint.

Rest
1) the person who is the subject of a petition, 2) the prevailing party in a court case against whom an appeal is taken.

Hearing de novo
A full new hearing.

Garnishment
A court order to take part of a person's wages, before he gets them, and apply the amount taken to pay a debt owed to a creditor

Cross-examination
The questioning of a witness by the lawyer for the opposing side. This may be done by leading questions, questions that suggest the answer.

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Did You Know?    
 
 
Mediation is a process that involves a mediator

Neutral third party who helps the disputing parties achieve a resolution that satisfies both of them. The mediator's primary function is to create constructive communication between parties and provide a forum where disputants can create a mutually satisfactory agreement. Mediators do not impose decisions; instead, they help people craft solutions that will work for them.

 


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Latest news about legal cases in California and nationwide:

Attorney General Takes Action
Deceptive business cards, embellished credentials among consumer law violations

EL PASO - Texas Attorney General Greg Abbott has obtained a...

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Legislative Initiative to Combat Child Pornography on the Internet
WASHINGTON, D.C. – In a speech today at the National Center for Missing and Exploited Children (NCMEC) in Alexandria, Virginia, Attorney General Al...
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Current State of Confidentiality Law
One expert has described the current law governing the confidentiality of health care information as a “crazy quilt of Federal and state constituti...
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Legal Terms

 


Today's Terms

Plaintiff

Definition:
A person who files a lawsuit.

Hypothetical question

Definition:
A form of question generally used for expert witnesses. The examiner states a factual foundation (often based on disputed facts) and asks the expert to draw conclusions based on the hypothetical foundation. The hypothetical question includes only facts already in evidence.

Opinion evidence

Definition:
Witnesses are normally required to confine their testimony to statements of fact and are not allowed to give their opinions in court. However, if a witness is qualified as an expert in a particular field, he or she may be allowed to state an opinion as an expert based on certain facts.

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