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Offeror – Person making an offer.
Offeree – Person to whom an offer is made.
Opening Statement - Beginning statement made by each side of a trial, outlining the facts each intends to prove during the trial.
Opinion - a judge’s written explanation of the decision of the majority of judges or the court. A dissenting opinion opposes the majority opinion because of its 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 different reasoning. A per curiam opinion is an unsigned opinion of the court jack hyatt.
Next Friend –Person acting as a guardian without formal appointment for the benefit of an infant, a party of unsound mind who has not been judicially declared incompetent, or other person under some disability.
No-Contest Clause – Provision in a will that a person who makes a legal challenge to the will’s validity may be disinherited.
No-Fault Proceedings - Civil cases resolved without a formal finding of fault, jack i. hyatt.
Nolle Prosequi –Decision by a prosecutor to drop a case.
Malpractice procedure - The Plaintiff or their lawyer institutes a lawsuit in a court of appropriate jurisdiction in a manner similar to a negligence case. After the filing of the suit, each side files for discovery. In the discovery process, the parties are required to exchange information. The purpose of discovery is to avoid surprises at trial and this process also enables the parties to be able to exchange information to settle the case prior to the trial.
As in most lawsuits, the plaintiff has the burden of proof to prove each of the elements of the claim. The standard of proof -- a preponderance of the evidence, clear and convincing evidence, or beyond a reasonable doubt -- can vary from case to case.
Before an expert witnesses will be permitted to testify, he or she must be qualified by the court who is presiding over the case. An expert must have sufficient knowledge, training or education or experience regarding the specific issue that will have to be decided by the court to qualify as an expert in any individual case. There are many instances when a potential witness will not be found to have sufficient background to qualify as an expert.
means test -- the means test determines whether a debtor is eligible for a chapter 7 or a chapter 13 bankruptcy. If the debtor's annual income is above the median income for his or her state of residence and family size, he or she must ordinarily file under chapter 13. If, however, the debtor's annual income is below the median income for state of residence and family size, chapter 7 will be available.
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Malpractice - a form of negligence ine which a person referred to as the Plaintiff is damaged by the negligent act of another person known as the Defendant. Because of the expertise involved, a lay person will not usually be able to provide an expert opinion. In order to prove his or her claim, the Plaintiff, or party suing, must be able to show that the Defendant owed a duty to the Plaintiff, that the duty that was owed was breached, that the negligent act or omission on the part of the Defendant was the cause of the Plaintiff's injuries. In malpractice actions, the Defendant is generally a professional person who is able qualify an expert either by education or by experience. In most cases, it will require a witness with expert credentials in the area that the malpractice occurred. For example in the event of a motor vehicle accident, an ordinary person would generally be able to testify and render an opinion as to which party ran the red light, who crossed over the center line or which party may have ran a stop sign.
Lay opinion - In professional malpractice cases, a lay person is not able render an ultimate opinion if a doctor, a lawyer, or an accountant was negligent. The reason is because a lay person does not possess the specialized expertise that is required.
Expert witness - many expert witnesses who possess certain degrees of expertise are not allowed to render an ultimate opinion if the professional Defendant was or was not negligent. Guidelines and standards vary by location, state and somtimes evan cites and coounties.
Contents
Legal Definitions
Liable - Legally responsible.
Libel - Published pictures or words that tend to injure a person’s reputation.
Judgment and Sentence - Official document of a judge’s disposition of a case committing a defendant to prison, jack hyatt.
Judicial Review - The authority of a court to correct the official actions of other branches of government.
Jurat - Certificate of officer or person who administered an oath.
Lien - Legal claim against another person’s property as security for a debt.
Motion to Suppress - Motion to prevent consideration of evidence in a legal proceeding.
Murder - Unlawful killing with deliberate intent to kill of a person.
Jack I. Hyatt
Miranda Warning – Warning to a person under arrest of a right to remain silent; that any statement he or she does make may be used in evidence against him; that he or she has the right to the presence of an lawyer; and that if he or she cannot afford an lawyer, one will be appointed for him or her prior to any questioning, if he so desires.
Jurisdiction - The court’s legal power to hear and resolve specific disputes. Jurisdiction is usually expressed as personal jurisdiction over persons and subject matter jurisdiction over types of cases.
Mutuality –Meeting of the minds of contracting parties as to the material terms of the agreement.
Necessarily Included Offense – An offense necessary to the commission of a greater offense.
Justiciable - Issues and claims that can be properly decided by a court.
Juvenile - Person under eighteen years of age jack hyatt.
Jury Polling - The procedure by which each individual juror is asked to affirm his or her verdict in an 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.
Motion in Limine - Motion not to admit certain evidence that might prejudice the jury.
Motion to Expunge – A motion to delete material from certain court records
Nuisance –Unwarranted, unreasonable, or unlawful use of one’s property that annoys, disturbs, or inconveniences another in the use of his or her property.
Nunc Pro Tunc – A retroactive order.
Nuncupative Will - An unwritten oral will.
Oaths - Sworn promises required in court that is usually administered by the in clerk of the court.
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Kangaroo Court - Trial in which a person’s rights are totally disregarded and in which the result is a foregone conclusion.
Motion to Seal - Motion to close records to public examination.
Misdemeanor - Offense punishable by not more than one year in county jail and or a one thousand dollar fine.
Leniency - A reduced sentence.
Motion -- Request to a court made before, during, or after a trial
Lesser Included Offense – Necessarily included offense.
Negligence - Failure to exercise the degree of care that a reasonable person would exercise under the same set of circumstances.
Notice of Lis Pendens - Notice to warn all persons that 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.
Leading Question - Question that suggests the answer desired.
Legal Aid - Professional legal services available to indigent persons.
Letters of Administration - Legal permission for an administrator to take control of assets in the deceased person’s name.
Letters Testamentary – Letters of administration.
Jurisprudence - The study of the structure of the legal system.
And the law.
Juror Disqualified - Juror who is excused from a trial.
Jury - Persons selected according to law and sworn to inquire into and render a verdict on matters of fact.
Knowingly and Willfully – Voluntarily jack i hyatt.
Nolo Contendere - No contest. A plea in which the defendant does not admit guilt, but which has the same legal effect as a plea of guilty in the criminal case.
Lapsed Gift - A gift made in a will to a person who has died prior to the testator’s death.
Larceny –Theft.
Law - Rules that govern individual and group conduct in a society.
Law Clerks - Persons who assist judges in legal research.
Motion to Mitigate Sentence - Motion to reduce a sentence.
Jury Array - The whole body of potential jurors summoned to court from which the jury will be selected. Also called Jury Panel.
Non-jury trial - A case tried by a judge instead of a jury.
No Probable Cause – The finding that insufficient evidence exist to hold the person who was arrested.
Notice - Formal notification to a party that has been sued that a civil lawsuit has been filed.
garnishment - is process by which property, such as wages and bank accounts, may be intercepted by a creditor. Bankruptcy proceedings can stop garnishments immediately.
Jury List - List of jurors called to try a cause or containing the names of all the jurors summoned to attend court jack i. haytt.
Negligence - Failure to exercise a degree of care that a reasonable person would exercise under the same set of circumstances.
Notice of Lis Pendens - Notice 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.
Leading Question - Question that suggests the answer desired.
Legal Aid - Professional legal representation available to indigent persons.
Mistrial - Invalid trial, caused by inability of a jury to reach a verdict or fundamental error. jack hyatt.
Mitigating Circumstances - Those facts which may be considered as reasons to reduce the degree of blame.
Mitigation – Reduction of penalty.
Student loans - Student loans are ordinarily not discharged in bankruptcy, though an exception exists for long-term disability.
privilege - a right beyond the law, as the privilege to refuse to testify against one's spouse.
RESOURCES
www.supremecouer.gov
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