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August 24, 2010
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Legal Terms and Definitions

 


Glossary of Legal Terms

 

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

Child abuse
Any form of cruelty to a child's physical, moral or mental well-being.

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

Objection
The act of taking exception to some statement or procedure in trial or other proceeding. Used to call the court's attention to improper evidence or procedure.

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.

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.

Forfeiture
The concept of forfeiture is used in a variety of settings in the legal system. For example, property such as an automobile or house that is used in the commission of a crime i.e., selling a controlled substance, may be forfeited to the state in a civil proceeding.

Malfeasance
Unlawful conduct.

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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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Latest news about legal cases in South Carolina and nationwide:

"Michigan Courts" Website Debuts
LANSING, MI, November 16, 2005 -- Information about Michigan’s courts will be easier to find on thenewly-redesigned “Michigan Courts” website,...
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Hacker Pleads Guilty to Illegally Accessing NY Times Network
DAVID N. KELLEY, the United States Attorney for the Southern District of New York, and PASQUALE D’AMURO, the Assistant Director in Charge of the Ne...
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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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Legal Terms

 


Today's Terms

Abstract of record

Definition:
A short, abbreviated form of the case as found in the record.

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.

Interrogatories

Definition:
In the discovery phase of civil litigation, these written questions are submitted by one party to another party and must be answered in writing under oath.

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