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July 20, 2010
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Legal Terms and Definitions

 


Glossary of Legal Terms

 

Battered child syndrome (B.C.S.)
Physical condition of a child indicating that external or internal injuries result from acts committed by a parent or custodian. Also termed Parent Infant Trauma Syndrome (P.I.T.S.).

Probable cause
A judicial finding that there exists reasonable grounds for belief that a person should be arrested or searched.

respondeat superior
A rule of civil law that once a matter has been litigated and final judgment has been rendered by the trial court, the matter cannot be relitigated by the parties in the same court, or any other trial court. A court will use res judicata to deny reconsideration of a matter.

Misdemeanor
A minor offense, lower than a felony, which is punishable by a county jail term of up to one year and/or a fine, but not prison. Misdemeanors are classified into three categories: Class A, B, and C.

Chambers
A judge's private office in the courthouse.

Impanel
To seat a jury. When voir dire is finished and both sides have exercised their challenges, the jury is impaneled. The jurors are sworn in and the trial is ready to proceed.

Referral
Follows cross-examination, and is conducted by the party who first examined the witness.

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.

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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 Kansas and nationwide:

Man Charged After Attempting To Make Copy Of The Medical College Admissions Test
A Westwood man has been charged with several federal criminal offenses for copying the Medical College Admissions Test -- commonly called the MCAT ...
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Executive Order: Protecting the Property Rights
Section 1. Policy. It is the policy of the United States to protect the rights of Americans to their private property, including by limiting the ta...
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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)...
Read more >


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Legal Terms

 


Today's Terms

Preponderance of evidence

Definition:
Evidence that is (even minimally) of greater weight or more convincing than the evidence, which is offered in opposition to it. This is the standard by which a plaintiff must prove his/her case in a civil suit.

En banc

Definition:
A proceeding in which the entire membership of an appellate court participates in the decision, rather than leaving the decision to a smaller "panel" of the court's members. In Utah, the Court of Appeals is prohibited from sitting en banc.

Arraignment

Definition:
In a misdemeanor case, the initial appearance before a judge at which the criminal defendant enters a plea; in a felony case, the proceeding after the indictment or bindover at which the defendant comes before a judge in District Court, is informed of the charges, enters a plea, and has a date set for trial or disposition. In Juvenile Court, the first hearing after a petition has been filed.

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