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Slip and fall injury or trip and fall injury is the common term for injuries
that occur when someone slips, trips or falls on someone else's property as a result of a dangerous or
hazardous condition. Sometimes, these injuries may also be referred to as slip, trip and fall injuries.
Slip and fall injuries may sometimes can result from issues such as water, rain, grease, snow, or ice on an area in which peole are expected to walk. Other causes can stem from an unexpected change in poor lighting or flooring or some hazard that is not easily visible like a break of a hard to see space in the ground Slip and fall and and trip and fall cases are in the catagory of fall accidents and any damges orl injuries sprining from these events are in the general catagory of personal injury cases.
Another name for these types of cases are called premises liability cases. The term premises liability describes events in which an
individual is injured on the premises of another person or that is controled by owned or maintained by another person, so that and the owner or possessor of the property is liable for the injury.
Many disabling injuries result from slips on slippery, wet, or greasy surfaces, as many trips result from missing manholes or utility covers causing unexpected holes in walkways and other unseen hazards on surfaces that residential and business property owners, or city, state and even federal government entities should be properly maintaining.
Fall down accidents may be characherized as trip and fall accidents in the instances of an obstruction in a walkway, stumps that cause falls as in a defect of a walking surface, step and fall accidents as in an unexpected space or hole in a walking surface or slip and fall accidents such as breaks in a floor.
Slip and fall accidents may result from structural conditionssuch as buildings age, certain wear and tear can create cerditions such as damaged walkways, ripped carpet, damaged stairs are examples whcih cause injury.
Weather related conditions pose certain potential problems as property owners have a duty to make reasonable efforts to make the premises safe. Persons who are in contol of property should shovel snow and salt walkways and sidewalks to attempt to prevent slip and fall accidents in icy or cold weather conditions.
Building Code Violations � A property owner may be liable to a slip and fall victim who is injured as a
result of the building�s non-compliance with building codes.
Issues that can be investigated are to determine if the property owner kept the floors dry and clean, did wet ares exist on the floow, in the event that certain processes should have been utilized, were they properly maintained and in instances when appropriate, was the proper gear used in thbe propermanner.
In instances involving spills, issues arise involving the amount of time that lapsed between the time of the spill and when is was attended to and if it was attended to properly so that it would not cause or contribuite to an injury.
Issues involving lighting relate to if the lighting conditions in the area are reasonble to the situation and location
In the event of the injury an accident report should be taken as quickly as possible at the time of the slip and fall accident that should documenet exactly what happended and if there were any witnesses to the accident as well as the factors that caused it.
The laws of negligence as relating to slip and fall accidents involves the nature and extent of the duty that the property owner may have to the person who was the injured. The degree of duty owned has different levels of duty owned which invlves different classes of persons who may be on someone else's property which are invitees such as a delivery persons or guests. The next catogory is called a licensee which are persons on the property solely for their own benefit such.
In order to show that a property owner or possessor knew or should have known about a danger the plaintiff must be able to show that the owner created the dangerous state, that the owner knew the danger existed and did not correct it or, the danger existed for such a length of time.
For a property owner or possessor to liable in a slip and fall case the danger at the time of the accident must have been reasonably foreseeable.
In certain circumstances a plaintiff can prove negligence by proving that the property owner violated a relevant code or statute.
Injury must be established during the court of proving a slip and fall case. A slip and fall case is a type of personal injury case in which a person slips trips or falls on the property of another person and is injured. These cases are complicated due to the fact that depending upon if the injured person is an invitee, a licensee or a trespassor, the status of the injued person will depend upon the ability to recover damages. Determining the status of the injured person requires special analysis.
Negligence is the act or commission that falls below the standard in the community in which the act or commission was committed.
Compensatory Damages - Damages that are awarded to make the injured party whole.
Competency to Stand Trial - the ability to understand legal proceedings, to cooperate with counsel, and to help in preparing one's defense. A person who is not competent cannot be forced to stand trial.
Costs - Fees charged by the court, including service fees, witness fees, publication fees, and so forth. Costs do not include attorney fees.
Corpus Delicti - The fact that a crime has been committed. Corpus delicti is sometimes used to refer to the body of the victim of a homicide or to the remains of a burned house, but the term actually has a broader significance. If the prosecution wishes to convict someone of a crime, it must begin by proving that a criminal act took place, in other words, proving a corpus delicti.
Counsel - Legal adviser or lawyers. Counterclaim - Claim against the plaintiff by the defendant in a civil case . In effect, a counter lawsuit within the greater lawsuit. Damages - Money awarded by a court to a person to compensate for the unlawful act or negligence of another person.
Decision - The judgment reached or given by a court of law.
Declaratory Judgment - A judgment of the court that explains what the existing law is or expresses the opinion of the court as to the rights and status of the parties, but which does not award relief or provide enforcement.
Defamation - That which tends to injure a person's reputation. Libel is published defamation, whereas slander is spoken.
Default - A failure to respond to a lawsuit within the specified time.
Diversion - The process of removing some minor offenses from the full judicial process, on the condition that the accused undergo some sort of rehabilitation or make restitution for damages.
Disclaim - To refuse a gift made in a will.
Discovery - Investigation and gathering of information by opposing parties prior to going to trial. The tools of discovery include: interrogatories, depositions, production of documents or things, permission to enter land or other property, physical and mental examinations, and requests for admission.
Discretion - A power or right conferred on a judge to act according to the dictates of his own judgment and conscience, uncontrolled by the judgment or conscience of others. Designee - A person appointed by a judge to act for the court to set conditions of release for any person arrested at a time when the judge is not available.
Direct Evidence - Proof of facts by witnesses who saw acts done or heard words spoken.
Direct Examination - The first questioning of witnesses by the party on whose behalf they are called,
Directed Verdict - Now called judgment as a matter of law. An instruction by the judge to the jury to return a specific verdict.
Disbarment - Form of discipline of a lawyer resulting in the loss often permanently of that lawyer's right to practice law. It is more severe than censure an official Direct Examination - The first questioning of witnesses by the party on whose behalf they are called.
Directed Verdict - Now called judgment as a matter of law. An instruction by the judge to the jury to return a specific verdict.
Disbarment - Form of discipline of a lawyer resulting in the loss often permanently of that lawyer's right to practice law. It is more severe than censure an official reprimand or condemnation and suspension a temporary loss of the right to practice law.
Discharge of bond - A court order to release a bond.
Disclaim - To refuse a gift made in a will.
Discovery - Investigation and gathering of information by opposing parties prior to going to trial. The tools of discovery include: interrogatories, depositions, production of documents or things, permission to enter land or other property, physical and mental examinations, and requests for admission.
Discretion - A power and or a right that is conferred on a judge to act according to the dictates of his own judgment and conscience, uncontrolled by the judgment or conscience of others.
Dismissal - An order or judgment disposing of a case without a trial. With prejudice - In criminal cases, the defendant may not be charged with the specific crime again. A case is usually dismissed with prejudice when the court has not pursued action within the six-month time limit. In civil cases, the complainant is barred from bringing the same claim or cause of action against the same defendant. Without prejudice - the person may be charged with the specific crime again. A case is usually dismissed without prejudice when more evidence is needed in a case or the case needs to be filed in another court because of jurisdictional issues. In civil cases, the plaintiff is entitled to bring the same claim or cause of action again.
Disposition - The sentencing or other final settlement of a case or legal matter, jack hyatt, jack i hyatt,
Dissent - To disagree. An appellate court opinion setting forth the minority view and outlining the disagreement of one or more judges with the decision of the majority.
Dismissal - An order or judgment disposing of a case without a trial. With prejudice - In criminal cases, the defendant may not be charged with the specific crime again. A case is usually dismissed with prejudice when the court has not pursued action within the six-month time limit. In civil cases, the complainant is barred from bringing the same claim or cause of action against the same defendant. Without prejudice - the person may be charged with the specific crime again. A case is usually dismissed without prejudice when more evidence is needed in a case or the case needs to be filed in another court because of jurisdictional issues. In civil cases, the plaintiff is entitled to bring the same claim or cause of action again.
Court Administrator or Clerk of Court -Officer of the court who oversees the non-judicial, administrative, business of the court.
Court Costs - Fees charged by the court, including service fees, witness fees, publication fees, and so forth. Costs do not include attorney fees. A court may award court costs to the successful party, from the losing party to reimburse for the winner's court costs.
Court - The judicial branch of government. Judges sometimes refer to themselves in the third person the court.
Court Recorder - Deputy clerk who maintains on tape a word for word record of court proceedings.
Court Reporter - Certified person who maintains a verbatim record of court proceedings, .
Court Rules - Procedural rules court that control the litigation process. Court rules often dictate the style and format of documents submitted to the court.
Cross-Claim - Claim by codefendants or coplaintiffs against each other in a civil case and not against parties on the opposite side of the lawsuit.
Record A written account of the proceedings in a case, including all pleadings, evidence, and exhibits submitted in the course of the case.
Redemption A procedure in a chapter seven case whereby the debtor removes a secured creditor's lien on collateral by paying the creditor the value of the property. The debtor may then retain the property.
Remand Send back. reprimand or condemnation and suspension a temporary loss of the right to practice law.
Discharge of bond - A court order to release a bond.
De Novo - A trial de novo is a new trial of a case, such as a district court trial de novo of a magistrate court case.
Deposition - An oral statement made before an officer authorized by law to administer oaths. Such statements are taken to examine potential witnesses, to obtain discovery to be used later in trial. Testimony of a witness other than in open court.
Descent and Distribution Statutes - State laws that provide for the distribution of estate property of a person who dies without a will.
Designee - A person appointed by a judge to act for the court to set conditions of release for any person arrested at a time when the judge is not available.
Direct Evidence - Proof of facts by witnesses who saw acts done or heard words spoken.
Reverse The act of a court setting aside the decision of a lower court. A reversal is often accompanied by a remand to the lower court for further proceedings. S
Sanction A penalty or other type of enforcement used to bring about compliance with the law or with rules and regulations.
Schedules Lists submitted by the debtor along with the petition or shortly thereafter showing the debtor's assets, liabilities, and other financial information. There are official forms a debtor must use.
Secured creditor A secured creditor is an individual or business that holds a claim against the debtor that is secured by a lien on property of the estate. The property subject to the lien is the secured creditor's collateral.
Secured debt Debt backed by a mortgage, pledge of collateral, or other lien; debt for which the creditor has the right to pursue specific pledged property upon default. Examples include home mortgages, auto loans and tax liens, , j .
Senior judge A federal judge who, after attaining the requisite age and length of judicial experience, takes senior status, thus creating a vacancy among a court's active judges. A senior judge retains the judicial office and may cut back his or her workload by as much as 75 percent, but many opt to keep a larger caseload.
Sentence The punishment ordered by a court for a defendant convicted of a crime.
Sentencing guidelines A set of rules and principles established by the United States Sentencing Commission that trial judges use to determine the sentence for a convicted defendant.
Service of process The delivery of writs or summonses to the appropriate party, jack i. hyatt. jack hyatt,
Settlement Parties to a lawsuit resolve their dispute without having a trial. Settlements often involve the payment of compensation by one party in at least partial satisfaction of the other party's claims, but usually do not include the admission of fault.
Sequester To separate. Sometimes juries are sequestered from outside influences during their deliberations.
Small business case A special type of chapter 11 case in which there is no creditors' committee or the creditors' committee is deemed inactive by the court and in which the debtor is subject to more oversight by the U.S. trustee than other chapter eleven debtors. The Bankruptcy Code contains certain provisions designed to reduce the time a small business debtor is in bankruptcy.
Statement of financial affairs A series of questions the debtor must answer in writing concerning sources of income, transfers of property, lawsuits by creditors, etc. There is an official form a debtor must use.
Statement of intention A declaration made by a chapter seven debtor concerning plans for dealing with consumer debts that are secured by property of the estate.
Standard of proof Degree of proof required. In criminal cases, prosecutors must prove a defendant's guilt beyond a reasonable doubt. The majority of civil lawsuits require proof by a preponderance of the evidence 50 percent plus , but in some the standard is higher and requires clear and convincing proof.
Statute A law passed by a legislature.
Statute of limitations The time within which a lawsuit must be filed or a criminal prosecution begun. The deadline can vary, depending on the type of civil case or the crime charged. p> Lapsed gift - A gift made in a will to any person who has died prior to the will makers death
Larceny - Obtaining property by fraud or deceit
Law - The combination of those rules and principles of conduct promulgated by legislative authority, derived from court decisions and established by local custom
declared incompetent, or other person under some disability,
No Bill - This phrase, endorsed by a grand jury on the written indictment submitted to it for its approval, means that the evidence was found insufficient to indict
Noise Control Act - A act which gives government agencies the right to promulgate standards and regulations relating to abatement of noise emissions
Nonfeasance - Nonperformance of an act which should be performed omission to perform a required duty or total neglect of duty
Nonjury trial - Trial before the court but without a jury, j
Notary Public - A public officer whose function it is to administer oaths, to attest and certify documents, and to take acknowledgments
Pour-Over Will - A will that leaves some or all estate assets to a trust established before the will-maker's death.
Equitable Pertaining to civil suits in equity rather than in law. In English legal history, the courts of law could order the payment of damages and could afford no other remedy see damages . A separate court of equity could order someone to do something or to cease to do something e.g., injunction . In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. The trial by jury is normally available in law cases but not in equity cases, jack hyatt, jack i. hyatt, attorney jack hyatt, lawyer jack i. hyatt,
Equity The value of a debtor's interest in property that remains after liens and other creditors' interests are considered.
In forma pauperis In the manner of a pauper. Permission given by the court to a person to file a case without payment of the required court fees because the person cannot pay them.
Information A formal accusation by a government attorney that the defendant committed a misdemeanor. See also indictment.
Injunction A court order preventing one or more named parties from taking some action. A preliminary injunction often is issued to allow fact-finding, so a judge can determine whether a permanent injunction is justified.
Insider of corporate debtor A director, officer, or person in control of the debtor; a partnership in which a debtor is a general partner, a general partner of the debtor; or a relative of a general partner, director, officer, or person in control of the debtor.
Insider of individual debtor Any relative of the debtor or of a general partner of the Exempt assets Property that a debtor is allowed to retain, free from the claims of creditors who do not have liens on the property.
Federal public defender organization As provided for in the Criminal Justice Act, an organization established within a federal judicial circuit to represent criminal defendants who cannot afford an adequate defense. Each organization is supervised by a federal public defender appointed by the court of appeals for the circuit.
Federal question jurisdiction Jurisdiction given to federal courts in cases involving the interpretation and application of the U.S. Constitution, acts of Congress, and treaties.
Substantial abuse The characterization of a bankruptcy case filed by an individual whose debts are primarily consumer debts where the court finds that the granting of relief would be an abuse of chapter seven because, for example, the debtor can pay its debts, .
Substantive consolidation Putting the assets and liabilities of two or more related debtors into a single pool to pay creditors. Courts are reluctant to allow substantive consolidation since the action must not only justify the benefit that one set of creditors receives, but also the harm that other creditors suffer as a result.
Summary judgment The decision made on the basis of statements ord evidence presented for the record without a trial. It may be used when it is not necessary to resolve any factual disputes in the case. Summary judgment is granted when - on the undisputed facts in the record - one party is entitled to judgment as a matter of law.
Supervised release Term of supervision served after a person is released from prison. The court imposes supervised release during sentencing in addition to the sentence of imprisonment. Unlike parole, supervised release does not replace a portion of the sentence of imprisonment but is in addition to the time spent in prison. U.S. probation officers supervise people on supervised release.
Felony A serious crime, usually punishable by at least one year in prison,
File To place a paper in the official custody of the clerk of court to enter into the files or records of a case. Fraudulent transfer A transfer of a debtor's property made with intent to defraud or for which the debtor receives less than the transferred property's value. Fresh start The characterization of a debtor's status after bankruptcy, i.e., free of most debts. Giving debtors a fresh start is one purpose of the Bankruptcy Code. G
Grand jury A body of citizens who listen to evidence of criminal allegations, which is presented by the prosecutors, and determine whether there is probable cause to believe an individual committed an offense. See also indictment and U.S. attorney. H
Habeas corpus Latin, meaning you have the body. A writ of habeas corpus generally is a judicial order forcing law enforcement authorities to produce a prisoner they are holding, and to justify the prisoner's continued confinement. Federal judges receive petitions for a writ of habeas corpus from state prison inmates who say their state prosecutions violated federally protected rights in some way,
Exemptions, exempt property Certain property owned by an individual debtor that the Bankruptcy Code or applicable state law permits the debtor to keep from unsecured creditors. For example, in some states the debtor may be able to exempt all or a portion of the equity in the debtor's primary residence homestead exemption , or some or all tools of the trade used by the debtor to make a living in other words, auto tools for an auto mechanic or dental tools for a dentist . The availability and amount of property the debtor may exempt depends on the state the debtor lives in.
Ex parte A proceeding brought before a court by one party only, without notice to or challenge by the other side. F
Face sheet filing A bankruptcy case filed either without schedules or with incomplete schedules listing few creditors and debts. Face sheet filings are often made for the purpose of delaying an eviction or foreclosure.
Family farmer An individual, individual and spouse, corporation, or partnership engaged in a farming operation that meets certain debt limits and other statutory criteria for filing a petition under Chapter 12.
Federal public defender An attorney employed by the federal courts on a full-time basis to provide legal defense to defendants who are unable to afford counsel. The judiciary administers the federal defender program pursuant to the Criminal Justice Act, j .
Hearsay Evidence presented by a witness who did not see or hear the incident in question but heard about it from someone else. With some exceptions, hearsay generally is not admissible as evidence at trial.
Home confinement A special condition the court imposes that requires an individual to remain at home except for certain approved activities such as work and medical appointments. Home confinement may include the use of electronic monitoring equipment - a transmitter attached to the wrist or the ankle - to help ensure that the person stays at home as required. I
Impeachment The process of calling a witness's testimony into doubt. For example, if the attorney can show that the witness may have fabricated portions of his testimony, the witness is said to be It is also called the constitutional process whereby the House of Representatives may impeach accuse of misconduct high officers of the federal government, who are then tried by the Senate,
In camera Latin, meaning in a judge's chambers. Often means outside the presence of a jury and the public. In private.
Inculpatory evidence, j Evidence indicating that a defendant did commit the crime.
Indictment The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies. See also information.
Subpoena A command, issued under a court's authority, to a witness to appear and give testimony.
Subpoena duces tecum A command to a witness to appear and produce documents.
Substance abuse treatment A special condition the court imposes that requires an individual to undergo testing and treatment for abuse of illegal drugs, prescription drugs, or alcohol. Treatment may include inpatient or outpatient counseling and detoxification. T
Temporary restraining order Akin to a preliminary injunction, it is a judge's short-term order forbidding certain actions until a full hearing can be conducted. Often referred to as a TRO.
Testimony Evidence presented orally by witnesses during trials or before grand juries, Cross-Examination - Questioning of a witness by an adversary party.
Cumulative Sentences - Consecutive rather than concurrnt sentences.
Disposition - The sentencing or other final settlement of a case.
Dissent - To disagree. An appellate court opinion setting forth the minority view and outlining the disagreement of one or more judges with the decision of the majority.
Diversion - The process of removing some minor offenses from the full judicial process, on the condition that the accused undergo some sort of rehabilitation or make restitution for damages, jack hyatt, jack hyatt, jack hyatt attorney, jack i hyatt lawyer, .
DOC - The Department of Corrections - state prison facility.
Decree - An order of the court. A final decree is one that fully and finally disposes of the litigation. An interlocutory decree is a preliminary order that often disposes of only part of a lawsuit, jack hyatt,.
Default Judgment - This is aa judgment entered against a party that fails to appear in court or respond to the civil complaint or petition.
Defendant - In a civil case this is the person being sued. In a criminal case thsi is the person charged with a crime.
Deferred Sentence - A sentence that is postponed to a future time. The time or times may vary. After conviction, the judge does not announce or impose a sentence, but defers sentencing to a future date so that the defendant will complete different conditions, such as attending driving school or completing a probationary period. If the person completes the requirements, the case will be dismissed and will not be part of the defendant's criminal record.
Demand for Discovery - Demand by the defense attorney to a prosecutor to furnish material information on a case.
Demanding State - The state seeking return of a fugitive.
Domicile - The place where a person has his or her permanent legal home. A person may have several residences, but only one domicile.
Double Jeopardy - Putting a person on trial more than once for the same crime. It is forbidden by the Fifth Amendment to the U.S. Constitution.
Due Process of Law - The right of all persons to receive the guarantees and safeguards of the law and the judicial process. It includes such constitutional requirements as adequate notice of legal proceedings, opportunity to be heard by the judge, assistance of counsel, and the defendants' rights to remain silent, to a speedy and public trial, to an impartial jury and to confront and secure witnesses.
Points or Point Information - Penalty points imposed by the Motor Vehicles Division after conviction of a traffic offense.
Prejudice - Unfair harm to one party.
Sua sponte Latin, meaning of its own will. Often refers to a court taking an action in a case without being asked to do so by either side.
Subordination The act or process by which a person's rights or claims are ranked below those of others.
Complainant - The party who complains or sues , one who applies to a court for legal redress. Also called the plaintiff.
Complaint - The initial paperwork filed in a civil action that states the claim for which relief is sought , in the complaint the plaintiff states the wrongs allegedly committed by the defendant. [Criminal] A sworn written statement showing that the complaining person has reason to believe that the defendant has violated a criminal law.
Competent Witness - Every person is considered competent to be a witness. When the party questions the competency of a witness, the judge must determine the witness's capacity to observe, recall, and communicate what he or she witnessed, and that the witness understands the duty to be truthful, .
Escrow - Money or a written instrument such as a deed that, by agreement between two parties, is held by a neutral third party held in escrow until all conditions of the agreement are met. .
Deposition - An oral statement made before an officer authorized by law to administer oaths. Such statements are taken to examine potential witnesses, to obtain discovery to be used later in trial. Testimony of a witness other than in open court.
Descent and Distribution Statutes - State laws that provide for the distribution of estate property of a person who dies without a will.
Docket - A list of cases to be heard by a court or a log containing brief entries of court proceedings.
Docket Call - The proceeding in which a judge assigns trial dates or takes pleas.
Docket Number - The numerical designation assigned to each case by the court.
Contempt of Court -Behavior intenterfering with the functioning of a court. Alternatively, contempt could be a willful act of disobedience of a judge's written or verbal order. Contempt may be direct and indirect. When the conduct occurs in the judge's presence, the contempt is direct and may be punished immediately. Any other conduct not witnessed by the judge may be indirect contempt. The court must give the accused party notice and an opportunity to be heard Before punishing indirect contempt.
Continuance - Postponement of a trial or hearing.
Contributory Negligence - A legal doctrine that stopping the plaintiff in a civil case from recovering against the defendant for negligence if the plaintiff was also negligent, jack i hyatt, jack hyatt, jack i hyatt attorney, jack i hyatt lawyer, . Conciliation - A form of alternative dispute resolution in which the parties to a dispute attempt to bring their dispute to a neutral third party, who helps lower tensions, improve communications, and explore possible solutions. Conciliation is similar to mediation, but it may be less formal.
Concurrent Jurisdiction - Authority vested in more than one court to hear and resolve specific types of disputes. the administration of the estate.
Felony - A crime that allows a defendant to be imprisoned for more than one year upon being found guilty.
Extradition - Surrender by one state to another of a person accused or convicted of an offense outside its own territory and within territorial jurisdiction of the other, with the other state which is competent to try him or her, demanding his or her surrender.
Fiduciary - A person having a legal relationship of trust and confidence to another and having a duty to act primarily for the other's benefit: a guardian, trustee or executor.
File - To place a paper in the official custody of the clerk of court or court administrator to enter into the files or records of a case, .
Filed in Open Court - Court documents entered into the file in court during legal proceedings, jack hyatt, jack i. hyatt, attorney jack hyatt, lawyer jack i. hyatt,.
Consecutive Sentences - Successive prison terms, imposed on a person convicted of two or more crimes.
Condemnation - Legal process through which the government takes private property for public use, paying the owners a fair price as determined by the court.
Conservatorship - Legal authority given to a person to manage the financial affairs and property of a person ruled incapable of such management, jack i hyatt, jack hyatt, jack i hyatt attorney, jack i hyatt lawyer, .
Consideration - Anything exchanged for something else. Consideration may consist of a promise to perform a certain act or a promise not to do something, such as a promise to deliver goods, or a promise to pay money. Consideration must be something of value to the parties to the contract.
Concurrent Sentences - Sentences of imprisonment for conviction of more than one crime, to be served at the same time, rather than one after the other.
Conditions of Release - Conditions on which an arrested person may be released from confinement pending trial.
Extenuating Circumstances - Circumstances that render a crime less aggravated, heinous, or reprehensible than it would otherwise be.
Extrinsic - Foreign, from outside sources.
Family Allowance - A small amount of money set aside from the estate of the deceased. Its purpose is to provide for the surviving family members during Consolidation - Joinder of two or more separately filed criminal or civil complaints in one case.
Contraband - Articles or substances prohibited by law.
Judgment of guilt against the criminal defendant,
Corroborating Evidence - Supplementary evidence that confirming or strengthening the initial evidence.
Equity - Generally, justice or fairness. Historically, equity refers to a separate body of law developed in England in reaction to the inability of the common-law courts, in their strict adherence to rigid writs and forms of action, to consider or provide a remedy for every injury. The king therefore established the court of chancery to do justice between parties in cases where the common law would give inadequate redress. The principle of this system of law is that equity will find a way to achieve a lawful result when legal procedure is inadequate. Remedies such as restraining orders and injunctions are equitable remedies.
Estate - An estate consists of personal property car, household items, and other tangible items , real property and intangible property, such as stock certificates and bank accounts, owned in the individual name of a person at the time of the person's death. It does not include life insurance proceeds unless the estate was made the beneficiary or other assets that pass outside the estate like a joint tenancy asset.
Contract - An meeting of the minds between two or more persons that creating the obligation to do or not to do something. A contract must involve something of value promised or given, and a reasonable amount of agreement between the parties as to what the terms of the contract. Both parties must be legally capable of making contracts.
Deficiency Judgment - Judgment for the creditor for an amount equal to the difference between an amount owed by the debtor and the amount collected from sale of the collateral.
De Novo - Anew. A trial de novo is a new trial of a case, such as a district court trial de novo of the magistrate court case, Elements of a Crime - Specific requirements that define a crime and which a prosecution must prove beyond a reasonable doubt in order to obtain a criminal conviction.
Implied Warranty of Merchantability - An assumption in law which the goods are sufficientfor the ordinary purposes for which such goods to be used. This implied warranty applies to every sale by a merchant who deals in goods of the kind sold. However, if there is a warning that the goods are sold as is, the implied warranty does not apply.
Inadmissible - That which, under the rules of evidence, cannot be admitted or received as evidence,
Enjoining - An order by the court telling a person to cease performing a specific act,
Entrapment - A defense to criminal charges asserting that agents of a government induced a person to commit a crime he or she otherwise would not have committed.
Entry of Judgment or Order - Official recording of a written, dated and signed judgment or order.
Fruit of the Poisonous Tree - Property seized or statements made subsequent to and because of an illegal search or interrogation. Fruit of the poisonous tree is generally not admissible in evidence because it is tainted by the illegal search or interrogation.
General Damages - Compensation for the loss directly and necessarily incurred by a breach of contract, esquire,.
General Jurisdiction - Refers to courts that have no limit on the types of criminal and civil cases they may hear.
Good Faith - Honest intent to act without taking an unfair advantage over another person. This term is applied to many kinds of transactions.
Grantor or Settlor - The person who sets up a trust. Also known as trustor.
Exceptions - Reservatin the right to appeal a judge's ruling upon a particular motion. In regulatory cases, objections by either side to points made by the other side or to rulings by an agency or one of its hearing officers.
Exclusionary Rule - The rule preventing illegally obtained evidence from consideration in any trial.
Execute - To sign a will before witnesses, making a will valid. Alternatively, to put imto effect the final judgment of a court.
Exempt Property - Property protected by law from the reach of creditors.
Equal Protection of the Law - The requirement in the Fourteenth Amendment to the Constitution that the law must treat all persons equally. Courts have established that equal protection requires that courts be open to all persons on the same conditions, with the same rules of evidence and modes of procedure, that persons be subject to no restrictions in the acquisition of property, that persons are liable to no other or greater burdens than those are laid upon others, the enjoyment of personal liberty, and the pursuit of happiness, which do not generally affect others, and that no different or greater punishment is enforced against them for a violation of the laws.
Escheat - The process by which a deceased person's property is transferred to the state if no heir can be found.
Estate Tax - A tax on property transferred to others after a person's death. Many states have their own estate taxes In addition to federal estate taxes.
Estoppel - A person's own act precluding him or her from later making claims to the contrary,
Et Seq. - And the following, used in a series of case numbers.
Evidence - Testimony or exhibits accepted by the court at any stage of court proceedings.
Examination - Questioning of a witness sworn to tell the truth.
Exhibits - Evidence introduced in court and forming part of the case file.
Executor - Personal representative who administers an estate,
In Camera - In chambers or in private. A hearing in camera takes place in the judge's office outside of the presence of the jury and the public.
In-Custody Arraignments - Arraignment while the defendant remains in jail because defendant has not been released on bond or by other means.
Indeterminate Sentence - A sentence of imprisonment to a specified minimum and maximum period of time, specifically authorized by statute, subject to termination by a parole board or other authorized agency after the prisoner has served the minimum term.
Incarcerate - To confine in jail.
Indicia - Signs, indications.
Eminent Domain - Power of a government to seize private property for public use through condemnation.
En Banc - All the judges of a court meeting together. Appellate courts may have a dozen or more judges, but often they hear cases in groups of three judges. A case tried by the full court is heard en banc.
Endorsed - Stamped with the the date and time of filing with the court as may be evidenced by seal of the court.
Exigent Circumstances - Need, emergency, oe demand calling for immediate action or remedy justifying a warrantless search.
Exonerate - Deletion of a charge, responsibility or duty.
Ex Parte - Involving one party only without notice to any other party. One example of an ex parte proceeding would be a request for a search warrant.
Ex Parte Proceeding - Legal procedure in which only one side is present. An ex parte proceeding differs from an adversary system or adversary proceeding, and is only lawful in limited circumstances.
Ex Post Facto - After the fact. ex post facto laws are prohibited by the Constitution. Ex post fact laws punish persons for acts that were lawful at the time they were performed.
Ex Parte Communication - Communication concerning a lawsuit between a judge and a party interested in the case when all of the parties are not present and the absent party did not have notice
Irrevocable Trust - A trust that, once it is set up, the grantor may not revoke,
Express Warranty - An affirmation made by a seller to the buyer that is relied upon by the buyer in agreeing to a contract.
Expungement - Official and formal erasure of a record or partial contents of a record.
Indictment - The written accusation by a grand jury that charges a person named in the indictment with the violation of a law. Indictments are used for felony charges, not misdemeanors.
Indigency - Financial inability to hire a lawyer or pay court costs.
Indigent - Needy or impoverished. A defendant who can demonstrate his her indigence to the court may be assigned a court-appointed lawyer at public expense in criminal and child abuse neglect cases, but not in other civil cases.
In Forma Pauperis - In the manner of a pauper. Permission given to a person to sue without payment of court costs because of indigence or poverty.
Information - An accusation against a person for a criminal offense, without an indictment; presented by the prosecution instead of a grand jury. Informations are used for felony charges, not misdemeanors.
Infra - Below.
Infraction - A violation of law not punishable by imprisonment. Minor traffic offenses generally are considered infractions.
Inheritance Tax - A state tax on property that an heir or beneficiary under a will receives from a deceased person's estate. The heir or beneficiary pays this tax.
Patent - A government grant giving an inventor the exclusive right to make or sell his her invention for a term of years.
Penalty Assessment - Procedure in which traffic offender is allowed to mail in a fine plead guilty by mail . Points may be assessed against the person's driving record for penalty assessment offenses.
Peremptory Challenge - The right to challenge a judge or prospective juror without assigning a reason for the challenge.
Perjury - The criminal offense of making a false statement under oath.
Permanent Injunction - A court order requiring that some action be taken or that some individual refrain from taking action for an indefinite period.
Personal Jurisdiction - Power which a court has over the defendant's person and which a court must have before it can enter a judgment affecting the defendant's rights.
Per Se Law - In the Motor Vehicle Code, the per se crime is driving with a blood alcohol level of .zero eight or greater, as established through a valid testing procedure. No proof is required to show that the defendant was under the influence since the law concludes that driving with a blood alcohol content BAC of .zero eight or greater is driving while intoxicated. DWI can be proved by other evidence even if a defendant's BAC is less than .zero eight.
Personal Property - Tangible physical property such as cars, clothing, furniture and jewelry and intangible personal property such as bank accounts . This does not include real property such as land or rights in land.
Initial Appearance - In criminal law, the hearing at which a judge determines whether there is sufficient evidence against a person charged with a crime to hold him her for trial. The Constitution bans secret accusations, so initial appearances are public unless the defendant asks otherwise; the accused must be present, though he she usually does not offer evidence. Also called first appearance.
Injunction - Writ or order by a court prohibiting a specific action from being carried out by a person or group. A preliminary injunction is granted provisionally, until a full hearing can be held to determine if it should be made permanent.
Inspectorial Search - An entry into and examination of premises or vehicles by an inspector for the identification and correction of conditions dangerous to health or safety.
Instructions - Judge's explanation to the jury before it begins deliberations of the questions it must answer and the applicable law governing the case. Also called charge to the jury.
Intangible assets - Nonphysical items that have value, such as stock certificates, bonds, bank accounts, and pension benefits. Intangible assets must be taken into account in estate planning and divorce, j .
Interlocutory - Provisional; not final. An interlocutory order or an interlocutory appeal concerns only a part of the issues raised in a lawsuit.
Interpleader - An action in which a third person asks the Court to determine the rights of others to property held-but not owned-by the third person.
Interrogatories - Written questions asked by one individual in a lawsuit for which the opposing individual must provide written answers.
Intervention - An action by which a third person that may be affected by a lawsuit is permitted to become a individual to the suit.
Inter Vivos Gift - A gift made during the giver's life.
Oral Argument - An opportunity for lawyers to summarize their positions before the court and also to answer the judges' questions.
Order - A written or oral command from a court directing or forbidding an action.
Ordinance - A law adopted by the governing body of a municipality or county.
Overrule - A judge's decision not to allow an objection. Also, a decision by a higher court finding that a lower court decision was in error
Parens Patriae - The doctrine under which the court protects the interests of a juvenile.
Parol Evidence - Oral evidence.
Parol Evidence Rule - When a written agreement is intended to be a complete and final document, then the terms of the agreement cannot be altered by evidence of oral parol agreements that purport to change, explain, or contradict the written agreement.
Parole - The supervised conditional release of a prisoner before the expiration of his her sentence. If the parolee observes the conditions, he she need not serve the rest of his her term.
Individual - A person, business, organization or government agency involved in the prosecution or defense of a legal proceeding.
Inter Vivos Trust - Another name for living trust.
Intestacy Laws - See Descent and Distribution Statutes.
Intestate - Dying with not having a will.
Intestate Succession - The process by which the property of a person who has died without a will passes on to others according to the state's descent and distribution statutes. If someone dies without a will and the court uses the state's intestate succession laws, an heir who receives some of the deceased's property is an intestate heir.
Invoke the Rule - Separation and exclusion of witnesses other than parties from the courtroom.
Irrevocable Trust - A trust that, once it is set up, the grantor may not revoke, j
Issue - . The disputed point in a disagreement between parties in a lawsuit. . To send out officially, as in to issue an order.
Joinder - Combining charges or defendants on the same complaint. Where a crime is committed by two people, both may be charged on one complaint. Joinder also applies in civil cases, where parties and claims may be joined in one complaint.
Joint and Several Liability - A legal doctrine that makes each of the parties who are responsible for an injury liable for damages that is awarded in a lawsuit if the other responsible parties cannot pay.
Joint Tenancy - A form of legal co-ownership of property also known as survivorship . At the death of one co-owner, the surviving co-owner becomes sole owner of the property. Tenancy by the entirety is a special form of joint tenancy between a husband and wife.
Motion to Suppress - A motion to prevent admission of evidence in a case.
Murder - The unlawful killing of another human being with deliberate intent to kill. Murder in the first degree is characterized by premeditation. Murder in the second degree is characterized by a sudden and instantaneous intent to kill or to to cause injury without any caring whether the injury kills or not.
Mutuality - A meeting of the minds of contracting parties regarding the material terms of the agreement.
Necessarily Included Offense - Where an offense cannot be committed without necessarily committing another offense, the latter is a necessarily included offense; sometimes referred to as lesser included offense.
Lesser Included Offense - Any lesser offense included within the statute defining the original charge, such as a lower grade of an offense. An offense composed of some, but not all of the elements of a greater offense and which does not have any additional elements not included in the greater offense, so that it is impossible to commit the greater offense without also committing the lesser.
Letters of Administration - Legal document issued by a court that shows an administrator's legal right to take control of assets in the deceased person's name. Used when the deceased died without a will.
Judge - An elected or appointed public official with authority to hear and decide cases in a court of law. A judge Pro Tem is a temporary judge.
Judgment - The first disposition of a lawsuit.
Consent Judgment - Occurs when the provisions and terms of the judgment are agreed on by the parties and submitted to the court for its sanction and approval.
Default Judgment - A judgment rendered because of the defendant's failure to answer or appear.
Judgment Notwithstanding the Verdict - Judgment entered by order of the court for one individual notwithstanding the jury's verdict in favor of the other individual. A judgment notwithstanding the verdict may only arise after a motion for a directed verdict.
Judgment on the Pleadings - Judgment based on the pleadings alone. It is used when there is no dispute as to the facts of the case and one individual is entitled to a judgment as a matter of law.
Summary Judgment - Judgment given on the basis of pleadings, affidavits, and exhibits presented for the record without any need for a trial. As with Judgment on the Pleadings, it is used when there is no dispute as to the facts of the case and one individual is entitled to a judgment as a matter of law.
Objection - The process by which one individual tries to prevent the introduction of evidence or the use of a procedure at a hearing. An objection is either sustained allowed or overruled by the judge.
Offense - A violation of a municipal ordinance or state statute.
Offer - An expression of willingness to enter into a bargain that is definite and certain in its terms and that is communicated to the offeree. Once accepted, the offer is transformed into a contractual obligation.
Offeree - The person to whom an offer is made.
Offeror - The person who makes an offer.
Opening Statement - The initial statement made by lawyers for each side, outlining the facts each intends to establish during the trial.
Opinion - A judge's written explanation of a decision of the court or of a majority of judges. A dissenting opinion disagrees with the majority opinion because of the reasoning and or the principles of law on which the decision is based. A concurring opinion agrees with the decision of the court but offers further comment or different reasoning. A per curiam opinion is an unsigned opinion of the court.''
Judgment and Sentence - The official document of a judge's disposition of a case sentencing a defendant to the Department of Corrections or jail custody.
Judicial Review - The authority of a court to review the official actions of other branches of government. Also, the authority to declare unconstitutional the actions of other branches.
Jurat - Certificate of officer or person whom writing was sworn before. Typically, jurat is used to mean the certificate of the competent administering officer that writing was sworn to by person who signed it.
Jurisdiction - The court's legal authority to hear and resolve specific disputes or cases.
Jurisdiction is usually composed of personal jurisdiction authority over persons and subject matter jurisdiction authority over types of cases.
Jurisprudence - The study of law and the structure of the legal system.
Juror Disqualified - Juror excused from a trial.
Jury - Persons selected according to law and sworn to inquire into and declare a verdict on matters of fact. A petit jury is a trial jury, composed of 6 to persons, which hears either civil or criminal cases.
Jury Array - The whole body of prospective jurors summoned to court from which the jury will be selected. Also called Jury Panel.
Non-jury trial - A case tried by a judge on the facts as well as the law.
No Probable Cause - Insufficient grounds to hold the person who was arrested.
Larceny - Obtaining property by fraud or deceit.
Law - The enforceable rules that govern individual and group conduct in a society. The law establishes standards of conduct, the procedures governing standards of conduct, and the remedies available when the standards are not adhered to.
Law Clerks - Persons trained in the law who assist judges in researching legal opinions.
Leading Question - A question that suggests the answer desired of the witness. A individual generally may not ask one's own witness leading questions. Leading questions may be asked only of adverse witnesses and on cross-examination.
Legal Aid - Professional legal services available usually to persons or organizations unable to afford such services.
Leniency - Recommendation for a sentence less than the maximum allowed.
Motion - Oral or written request made by a individual to an action before, during, or after a trial, upon which a court issues a ruling or order.
Motion in Limine - A motion made outside the presence of a jury requesting that the court not allow certain evidence that might prejudice the jury. Usually heard before trial begins.
Notice - Formal notification to the individual that has been sued that a civil lawsuit has been filed. Also, any form of notification of a legal proceeding or filing of a document.
Notice of Lis Pendens - A notice filed on public records to warn all persons that the title to certain property is in litigation, and that if they purchase or lease that property they are in danger of being bound by an adverse judgment. The notice is for the purpose of preserving rights pending litigation.
Nuisance - An unreasonable, unwarranted, or unlawful use of one's property that annoys, disturbs, or inconveniences another in the use of his or her property. Violation of an ordinance that forbids annoyance of the public in general.
Nunc Pro Tunc - An entry made now for an act done previously and to have the effect as if it were done on a prior date.
Nuncupative Will - An oral unwritten will.
Oaths - Sworn attestations required in court, usually administered by the in-court clerk.
Jury List - A list containing the names of jurors empanelled to try a cause or containing the names of all the jurors summoned to attend court.
Jury Polling - The procedure by which each individual juror is asked to affirm his or her verdict in open court at the conclusion of a trial.
Jury Trial - A trial in which the jury judges the facts and the judge rules on the law.
Justiciable - Issues and claims capable of being properly examined in court. Juvenile - A person under 8 years of age.
Kangaroo Court - Term descriptive of a sham legal proceeding in which a person's rights are totally disregarded and in which the result is a foregone conclusion because of the bias of the court or other tribunal.
Knowingly and Willfully - This phrase, in reference to violation of a statute, means consciously and intentionally.
Negligence - Failure to exercise the degree of care that a reasonable person would exercise under the same circumstances.
Next Friend - One acting without formal appointment as guardian for the benefit of an infant, a person of unsound mind not judicially declared incompetent, or other person under some disability.
No-Contest Clause - Language in a will providing that a person who makes a legal challenge to the will's validity will be disinherited.
No Contest Plea - See Nolo Contendere.
No-Fault Proceedings - A civil case in which parties may resolve their dispute without a formal finding of error or fault.
Nolle Prosequi - The prosecutor declines to prosecute, but may still initiate prosecution within the time allowed by law.
Nolo Contendere - No contest. A plea through which the defendant does not admit guilt, but which has the same legal effect as a plea of guilty in a criminal case. However, the no contest plea may not be used in a civil action related to the criminal charge to prove the defendant's civil liability. For example, a plea of nolo contendere for a traffic citation that resulted from an accident cannot be used to convince a judge in a civil case that the defendant is guilty of causing an accident.
Lapsed Gift - A gift made in a will to a person who has died prior to the will-maker's death.
Motion to Expunge - A motion to delete material from official court records, such as a record of juvenile conviction.
Motion to Mitigate Sentence - A motion to reduce the sentence.
Motion to Seal - A motion to close records to public inspection.
Letters Testamentary - Legal document issued by a court that shows an executor's legal right to take control of assets in the deceased person's name. Used when the deceased left a will.
Liable - Legally responsible.
Libel - Published words or pictures that falsely and maliciously defame a person.
Libel is published defamation; slander is spoken.
Lien - A legal claim against another person's property as security for a debt. A lien does not convey ownership of the property, but gives the lien-holder a right to have his or her debt satisfied out of the proceeds of the property if the debt is not otherwise paid.
Miranda Warning - Prior to any custodial interrogation that is, questioning by police after a person has been deprived of his or her freedom in a significant way , a person must be advised that: he has a right to remain silent; any statement he does make may be used in evidence against him; he has the right to the presence of an lawyer; and 4 if cannot afford an lawyer, one will be appointed for him prior to any questioning, if he so desires.
Misdemeanor - An offense punishable by not more than one year in county jail and fine.
Mistrial - An invalid trial, caused by fundamental error or inability of a jury to reach a verdict. When a mistrial is declared, the trial must start again from the selection of the jury.
Mitigating Circumstances - Those facts which do not constitute a justification or excuse for an offense but which may be considered as reasons for reducing the degree of blame.
Mitigation - Reduction of penalty or punishment.
Moot - A moot case or a moot point is one not subject to a judicial determination because it involves an abstract question, because there is no actual controversy, or because the issues no longer exist. Mootness usually refers to a court's refusal to consider a case because the issue involved has been resolved prior to the court's decision, leaving nothing that would be affected by the court's decision.
Limited Jurisdiction - Courts with limited jurisdiction may hear only certain kinds of cases and are precluded from hearing anything else. For example, small claims court may only decide cases in which the amount in controversy is below a set figure.
Lis Pendens - A pending suit. Jurisdiction, power, or control that courts acquire over property in a suit pending action and until final judgment.
Litigant - A individual to a lawsuit. Litigation refers to a case, controversy, or lawsuit.
Living Trust - A trust set up and in effect during the lifetime of the grantor. Also called inter vivos trust.
Magistrate - A judge whose civil and criminal jurisdiction is limited by law. In federal court, a judicial officer who is assigned numerous trial and pretrial responsibilities.
Malfeasance - Evil doing, ill conduct; the commission of some act which is positively prohibited by law.
Malicious Abuse of Process - Tort involving a litigant's malicious misuse of the power of the judiciary. The elements of this tort are: initiation of judicial proceedings against the plaintiff by the defendant; an act by the defendant in the use of process that would not be proper in the regular prosecution of the claim; a primary motive by the defendant in misusing the process to achieve an illegitimate end.
Mandamus - A writ issued by a court ordering a public official to perform an act that he or she is required to do by law under the existing state of facts.
Mandate - The official decree by a court of appeal.
Manslaughter - The unlawful killing of another without intent to kill either voluntary upon a sudden impulse ; or involuntary during the commission of an unlawful act not ordinarily expected to result in great bodily harm.
Mediation - A form of alternative dispute resolution in which the parties bring their dispute to a neutral third individual, who helps them reach a resolution.
Memorialized - In writing.
Mens Rea - The guilty mind necessary to establish criminal responsibility.
Finding - A formal conclusion by a judge or agency of issues of fact. Also, a conclusion made by a jury regarding a fact.
First Appearance - The initial appearance of an arrested person before a judge to determine whether or not there is probable cause for his or her arrest. Generally, the person comes before a judge within hours of the arrest. Also called initial appearance.
Final Order - An order that ends the lawsuit between the parties, resolves the merits of the case, and leaves nothing to be done but enforcement.
Foundation - Preliminary questions to a witness to establish admissibility of evidence, laying a foundation for admissibility.
Fraud - Intentional deception to deprive another person of property or to injure that person in some way,
Fruit of the Crime - Property acquired by means and in consequence of the commission of a crime, and sometimes constituting the subject matter of the crime.
Fugitive - A person who flees from one state to another to avoid prosecution.
Garnishment - A legal proceeding in which a debtor's money, which is in the possession of another called the garnishee , is applied to the debts of the debtor, such as when an employer garnishes a debtor's wages. Good Time - A reduction in sentenced time in prison as a reward for good behavior. It usually is one-third to one-half off the maximum sentence.
Guardian - A person appointed by will or by law to assume responsibility for incompetent adults or minor children. If one parent dies, the children's guardian will usually be the other parent. If both die, it usually will be a close relative.
Guardianship - Legal right given to a person to be responsible for the food, housing, health care, and other necessities of a person deemed incapable of providing these necessities for himself or herself. A guardian also may be given responsibility for the person's financial affairs, and thus perform additionally as a conservator. See also Conservatorship.
Harmless Error - An error committed during a trial that was corrected or was not serious enough to affect the outcome of the trial and therefore was not sufficiently harmful or prejudicial to require that the judgment be reversed on appeal,
Hearing -A proceeding, generally public, at which an issue of fact or law is discussed and either party has the right to be heard.
Habeas Corpus - A writ used as a means to bring a person before the court to determine whether he or she is being detained unlawfully.
Hearsay - Testimony by a witness involving various events about which the witness has no personal knowledge. Hearsay testimony conveys not what the witness observed personally, but what others told the witness or what the witness heard others say. Hearsay is usually not admissible as evidence in court because of its unreliability.
Immunity - A grant by the court assuring someone that they will not face prosecution in return for their providing criminal evidence.
Impeachment of a Witness - An attack on the credibility believability of a witness, through evidence introduced for that purpose.
Hung jury - Jury unable to reach a verdict. A trial ending in a hung jury results in a retrial with a new jury.
Implied Consent - Knowing indirectly through conduct or inaction that a person would agree or give permission.
The information contained in this website does not constitute legal representions, does not create an attorney client relationhship and any reader should consult with an attorney prior to making any legal decision. © 2013 Jack I. Hyatt Any reproduction without express written permission constiutues a violation of applicable laws.