Legal Terms and Definitions

Glossary of Legal Terms

Polling the jury A practice whereby the jurors are asked individually on the record whether they agreed, and still agree, to the verdict. Unlawful detainer A detention of real estate without the consent of the owner or other person entitled to its possession. Trust A transaction in which the owner of real property or personal property (the trustor or settlor) gives ownership to a trustee, to hold and to manage it for the benefit of a third party, called the "beneficiary." Referral Follows cross-examination, and is conducted by the party who first examined the witness. Entrapment In criminal procedures, a complete defense. The defendant must show that officers induced the defendant to commit a crime not contemplated by him, for the purpose of instituting a criminal prosecution against him. Concurrent sentence Sentence under which two or more prison or jail terms are served simultaneously, and the prisoner is entitled to discharge when the longest term specified expires (i.e., sentences of 1 to 15 years and 0 to 5 years means a maximum sentence of 15 years). Differs from a consecutive sentence, which is when the sentences are served back-to-back. (A 1 to 15 and 0 to 5 consecutive sentence could mean up to 20 years). Impeachment of witness An attack on the credibility of a witness. Estoppel A person's own act, or acceptance of facts, which preclude later claims to the contrary.

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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.