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August 24, 2010
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Legal Terms and Definitions

 


Glossary of Legal Terms

 

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.

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.

Answer
A pleading by which defendant responds to the plaintiff's complaint

Hostile witness
A witness who displays antagonism toward the party who called him to testify, or who is a witness for the opposing party. The examining party is allowed to conduct direct examination as if it were cross-examination.

Escrow
Writing, deed, money, stock, or other property is given to a third person to hold until all conditions in a contract are fulfilled.

Parol evidence
Oral or verbal evidence (rather than written). The parol evidence rule limits the admissibility of parol evidence which would directly contradict the clear meaning of terms of a written contract. Oral or verbal evidence (rather than written). The parol evidence rule limits the admissibility of parol evidence which would directly contradict the clear meaning of terms of a written contract.

Clerk of the court
Court official who keeps court records, files pleadings, motions, and judgments, and administers the oath to jurors and witnesses

Assumption of risk
In tort law, a defense to a personal injury suit. The essence of the defense is that the plaintiff assumed the known risk of whatever dangerous condition caused the injury

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Did You Know?    
 
 
Mediation has many qualities that make it appealing.

In most cases, mediation is: conciliatory fair quick inexpensive voluntary confidential Mediation also has several key benefits. It promotes: greater participant control customized agreements workable decisions mutually satisfactory outcomes improved relationships high rates of compliance decisions that hold up over time

 


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Latest news about legal cases in Lansing and nationwide:

More Than 300 Attorneys Pass Legal Specialist Exam
San Francisco, March 13, 2006 — The State Bar of California announced today that 344 attorneys passed the August 2005 Legal Specialist Examination....
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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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Colapietro Urges Consumers: "Know What's Tax Exempt Under New Law"
State Senator Tom Colapietro (D-Bristol), chairman of the legislature's General Law Committee, urged consumers today to familiarize themselves with...
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Legal Terms

 


Today's Terms

Sealing

Definition:
The fee, which the client pays when he/she retains an attorney.

Power of attorney

Definition:
A written instrument authorizing another (not necessarily a lawyer) to act as one's agent or attorney.

Embezzlement

Definition:
The fraudulent appropriation by a person to his own use or benefit of property or money entrusted to him by another.

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