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Legal Terms
week 7
| Term | Definition |
|---|---|
| compensatory damages | money that a defendant pays a plaintiff (for loss or injury) in a civil case if the plaintiff has won. |
| punitive damages | money that a defendant pays a plaintiff (to punish and deter future misconduct) in a civil case if the plaintiff has won. |
| de facto | something that exists in fact but not as a matter of law. |
| de jure | something that exists by operation of law. |
| de novo | a new |
| debtor | a person who has filed a petition for relief under the bankruptcy code. |
| declaratory judgement | a judge's statement about someone's rights |
| default judgement | a judgment awarding a plaintiff the relief sought in the complaint because the defendant has failed to appear in court or otherwise respond to the complaint. |
| deposition | an oral statement made before an officer authorized by law to administer oaths in order to examine potential witnesses, to obtain discovery, or to be used later in trial. |
| discharge | a release of a debtor from personal liability for certain dischargeable debts. |
| discovery | procedures used to obtain disclosure of evidence before trial. |
| dismissal with prejudice | court action that prevents an identical lawsuit from being filed later. |
| docket | a log containing the complete history of each case in the form of brief chronological entries summarizing the court proceedings. |
| due process | constitutional guarantee that a defendant will receive a fair and impartial trial. |
| ex parte | a proceeding brought before a court by one party only, without notice to or challenge by the other side. |
| exclusionary rule | doctrine that says evidence obtained in violation of a criminal defendant's constitutional or statutory rights is not admissible at trial. |
| exculpatory evidence | evidence indicating that a defendant did not commit the crime. |
| grand jury | body of 16-23 citizens who listen to evidence of criminal allegations, which is presented by the prosecutors, and determine whether there is probable cause to believe an individual committed an offense. |
| habeas corpus | judicial order forcing law enforcement authorities to produce a prisoner they are holding and to justify the prisoner's continued confinement. |
| hearsay: | evidence presented by a witness who did not see or hear the incident in question but heard about it from someone else. |
| in camera | in judge's chambers |
| in forma pauperis | permission given by the court to a person to file a case without payment of the required court fees because the person cannot pay them. |
| inculpatory evidence | evidence indicating that a defendant did commit the crime. |
| indictment | formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial. |
| information | formal accusation by a government attorney that the defendant committed a misdemeanor. |
| injunction | court order preventing one or more named parties from taking some action. |