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August 24, 2010
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Legal Terms and Definitions

 


Glossary of Legal Terms

 

Fine
A sum of money paid as part of a penalty of conviction for a particular criminal offense.

Complainant
Synonymous with "plaintiff," or, in criminal cases, the complaining witness.

Agent
one who has authority to act for another

Corpus delicti
- The substance or foundation of a crime; the substantial fact that a crime has been committed, e g., the corpse of a homicide victim, the charred remains of a burned house.

Extraordinary writ
A writ, often issued by an appellate court, making available remedies not regularly within the powers of lower courts. They include writs of habeas corpus, mandamus, prohibition and quo warranto.

Manslaughter
A person recklessly causes the death of another, or acting under extreme emotional disturbance, causes the death of another, or acting under circumstances when a person reasonably believes the circumstances provide a legal justification or excuse for his conduct constitutes manslaughter.

Impeachment of witness
An attack on the credibility of a witness.

Peremptory challenge
Each party to a suit tried to a jury has the right to peremptorily "challenge" (reject) a certain number of prospective jurors without giving a reason. By contrast, the parties have unlimited rights to challenge jurors for good cause, but the judge must approve "for cause challenges." Parties may not exercise peremptory challenges on the basis of race or gender.

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Did You Know?    
 
 
Mediation is a process that involves a mediator

Neutral third party who helps the disputing parties achieve a resolution that satisfies both of them. The mediator's primary function is to create constructive communication between parties and provide a forum where disputants can create a mutually satisfactory agreement. Mediators do not impose decisions; instead, they help people craft solutions that will work for them.

 


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Latest news about legal cases in Modesto and nationwide:

More Than 300 Attorneys Pass Legal Specialist Exam
San Francisco, March 13, 2006 — The State Bar of California announced today that 344 attorneys passed the August 2005 Legal Specialist Examination....
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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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Colapietro's Fake Air Bag and Gas Price Posting Bills Become Law
Bills dealing with unfair trade practices, standards earn Governor's signature

State Senator Tom Colapietro (D-Bristol) today announced tha...

Read more >


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Legal Terms

 


Today's Terms

Manslaughter

Definition:
A person recklessly causes the death of another, or acting under extreme emotional disturbance, causes the death of another, or acting under circumstances when a person reasonably believes the circumstances provide a legal justification or excuse for his conduct constitutes manslaughter.

Prejudicial error

Definition:
Synonymous with "reversible error"; an error which warrants the appellate court in reversing the judgment before it.

Prejudicial evidence

Definition:
Evidence which might unfairly sway the judge or jury to one side or the other. For example, photographs of a gory murder scene might inflame a jury without providing useful evidence. May be excluded in criminal cases if prejudicial effect outweighs probative value.

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