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February 27, 2010
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Legal Terms and Definitions

 


Glossary of Legal Terms

 

Hearsay
Second-hand evidence, generally consisting of a witness's testimony that he/she heard someone else say something.

Parties
The persons who are actively involved in the prosecution or defense of a legal proceeding, including the plaintiff or prosecution, the defendant and any "third party defendant".

Hearing de novo
A full new hearing.

Parent Infant Trauma Syndrome (P.I.T.S.)
See Battered Child Syndrome

Bench warrant
An order issued by the court for the arrest of a person

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

Fitness hearing
A hearing held in Juvenile Court to determine the fitness of a minor for retention in Juvenile Court, and the minor's amenability to Juvenile Court resources. Must be held before any evidence is heard on a petition for detention. Such a hearing is a prerequisite to transfer of a minor's case to adult court. Also called certification hearing

Leading question
One that virtually instructs a witness how to answer or puts into his mouth words to be echoed back; one, which suggests to the witness the answer, desired. Ordinarily prohibited on direct examination, although allowed on cross-examination.

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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 Sioux Falls and nationwide:

SEC Votes to Adopt Changes to Disclosure Requirements
Washington, D.C., July 26, 2006 - The Securities and Exchange Commission today voted to adopt changes to the rules requiring disclosure of executiv...
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Mason Named Exec Assistant Director
Washington D.C.—Director Robert S. Mueller, III is pleased to announce the appointment of Michael A. Mason to be Executive Assistant Director (EAD)...
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Michigam Supreme Court To Hear Arguments Of '05-'06 Term
LANSING, MI, April 28, 2006 – Where a woman was injured while helping her husband on the job, and she sued his employer in state circuit court, was...
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Legal Terms

 


Today's Terms

Exclusionary rule

Definition:
A rule by which evidence that was obtained illegally cannot be used in a criminal trial against a defendant. Also, in criminal cases, a rule which prevents witnesses from observing each other testify or from discussing testimony during the course of the proceedings.

Criminal insanity

Definition:
Lack of mental capacity to do or abstain from doing a particular act; inability to distinguish right from wrong.

Sealing

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

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