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July 20, 2010
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Legal Terms and Definitions

 


Glossary of Legal Terms

 

Preponderance of evidence
Evidence that is (even minimally) of greater weight or more convincing than the evidence, which is offered in opposition to it. This is the standard by which a plaintiff must prove his/her case in a civil suit.

Arraignment
In a misdemeanor case, the initial appearance before a judge at which the criminal defendant enters a plea; in a felony case, the proceeding after the indictment or bindover at which the defendant comes before a judge in District Court, is informed of the charges, enters a plea, and has a date set for trial or disposition. In Juvenile Court, the first hearing after a petition has been filed.

Alternative Dispute Resolution (ADR)
Methods of resolving disputes outside of official court proceedings. These methods include mediation arbitration, and conciliation

Hypothetical question
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.

Lis pendens
A pending suit.

Precedent
A rule of law that is established by an appellate court in an earlier case serves as binding precedent in all subsequent similar cases.

Plea
The defendant's formal response to a criminal charge (guilty, not guilty, nolo contendere, not guilty by reason of insanity, and guilty and mentally ill).

Appearance
The formal proceeding by which defendant submits to the jurisdiction of the court.

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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 Anchorage and nationwide:

Public Corruption - FBI's Top Criminal Priority
Washington, DC - Combating public corruption is the top criminal program investigated by the FBI. Over the last two years, FBI investigations have ...
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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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Judiciary Calls for Funding to Maintain Course
The federal courts have asked Congress to provide a fiscal year 2007 appropriation sufficient to build on the gains achieved in FY 2006, or risk re...
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Legal Terms

 


Today's Terms

Guardian ad litem

Definition:
In Utah State Court proceedings, a lawyer appointed by a court to look after the interests of an infant, child or incompetent person during court proceedings.

Deposition

Definition:
The taking of testimony of a witness under oath outside of court, usually transcribed in writing by a court reporter, or less frequently, recorded on videotape.

Discovery

Definition:
The process through which parties to an action are allowed to obtain relevant information known to other parties or nonparties before trial

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