Legal Terms - Common phrases and terms
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| Action | lawsuit
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| Adverse Witness | Their testimony is prejudicial to the case of the party who called them.
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| Affidavit | Written statement of facts made under oath (signed by affiant)
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| Affirm | To declare solemnly and formally.
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| Aggravating / Mitigating Circumstances | Considerations which INCREASE or DECREASE a criminal sentencing
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| Allocution | Formal statement by convicted defendant as to whether there is any reason why a judgment should not be rendered against him.
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| Complaint Answer | Response by defendant denying plaintiff's complaint
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| Arbitration | Dispute mediation by impartial third party
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| Arraignment | Bringing an accused person into court to please to a criminal charge
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| Bench Conference | Discussion between attorneys and the judge outside the hearing of the Jury or courtroom audience.
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| Bench Warrant | Authority to find and bring to court someone who has failed to appear
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| Beyond a Reasonable Doubt/Preponderance of Evidence | Standard for conviction in criminal trial; standard for winning in a civil matter
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| Bifurcation | When one trial is held to decide which party wins and a separate hearing is held to determine penalty
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| Black Letter Law | Basic principles of law
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| Black's Law Dictionary | Standard legal reference work including abbreviations and other materials
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| briefs | Papers submitted by attorneys pre- or post-trial, explaining and defending their client's positions
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| Burden of Proof/Standard of Evidence | Obligation to provide affirmative proof on an issue; how much or what type of evidence needed to bear that burden
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| case in chief | primary presentation of evidence by a party
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| case law | printed decisions and opinions of appellate jurisdictions
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| cause of action | situation causing a lawsuit
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| writ of Ceritiorari | An appellate court order (especially from the Supreme Court) granting a hearing to an appellant; if a hearing is granted, the lower court is required to provide record of case for appellate judges to review
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| chain of custody | record showing proper maintenance of "real" evidence such as seized narcotics, weapons, as opposed to mere documents
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| challenge | objection to having someone serve as a juror (may be "for cause" ie when person does not speak English)
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| Charge to the Jury | Instructions from the judge concerning the law which governs a case
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| chattel | Article of personal or movable property
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| Circuit Court of Appeal | Federal Appellate level immediately below the Supreme Court
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| Summation (closing statement) | An attorney's final statement in a trial; the concluding argument of each party's counsel made before jury deliberation begins.
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| Cloud on title - quiet title | Claim or lien which impairs an owner's otherwise free right to use his property; action brought to remove such a claim
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| C.F.R. | Code of Federal Regulations - regulatory agency rules and regs which implement federal law
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| collateral estoppel | A bar to re-litigating an issue already been tried between the same parties
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| colloquy | Any formal conference, conversation, or discussion between lawyers, the judge, or other parties during a judicial proceeding
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| Complaint - answer | Plaintiff's initial pleading which a defendant initially answers
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| contempt | willfully disobeying a court order
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| counter-claim | defendant's claim against a plaintiff
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| court minutes | summary records of events in a case kept by the Clerk of Court
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| cross-examination | Questions by an opposing party after the side calling the witness has examined
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| Declarant | One having an interest in a matter who makes an unsworn statement (declaratiaon)
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| demurrer | Assertion by a defendant that, although certain facts alleged against them may be true, they do not entitle the plaintiff to prevail
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| deposition | Questioning by attorneys of a party or witness under oath
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| direct examination | The first questioning by the attorney (or unrepresented party) who called the witness
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| direct testimony | answers given to questions posed by the attorney who called the witness
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| discovery | pretrial gathering and subsequent exchange of evidence
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| dismissed with/without prejudice | case dismissed that cannot be brought again or can be when appropriate
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| emend | to change or correct to improve the quality of a document
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| entrap | induce a person to commit a crime who otherwise would not commit one
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| equity | branch of law dealing with just results in specific cases, not strict general rules
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| errata | substantive errors found in a deposition or other document
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| estoppel - collateral estoppel | a bar or impediment to prevent re-litigation issues which have already been tried
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| evidence | items, written or oral, audible, visual, presented to support allegations in a case, including physical objects
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| examination | questions posted to a witness or deponent
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| execute | sign, complete, perform
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| exhibit | tangible item of evidence
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| expert/lay witness | One having special expertise which may assist in court/one who is connected with the case
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| extradition | bringing someone in custody from one state to another state or county
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| F.2d; F.3d | second or third sets of published federal appellate decisions; the Federal Reporter series of volumes
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| federal question | case or issue which involves federal law or constitutional claims
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| forum | venue or tribunal
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| Grand Jury | a special jury in criminal law which determines if evidence is sufficient to warrant a trial; issues an indictment if evidence is sufficient
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| gravamen | part of a charge that weighs most heavily against the accursed, or primary subject matter of an issue
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| hearsay/hearsay rule | statement made by someone other than the witness who is testifying; second- or third-party statements
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| hypothecate | to pledge property as collateral for a debt
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| hostile witness | Witness called by one side with interests lying in other party
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| impeached - rehabilitated | testimony contradicted with sufficient proof as to affect a witness' credibility - reestablishing that credibility with further evidnece
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| indictment-charges-counts | formal criminal charge laid against a person - the counts of the indictments are the individual acts alleged to have broken the law
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| inference | logical conclusion drawn from a basis assumed or known to be true
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| informant | one who gives information
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| injunction | an order either forbidding (or sometimes compelling) an action
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| interlocutory | provisional or temporary
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| interrogatories | written questions posed before trial; written answers may be used during trial
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| intervenor | A person voluntarily joining an action with permission of the court
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| intestate | dying without having prepared a valid will
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| joinder | joining lawsuits together, or joining parties together in a single suit
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| judgment | official court decision
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| Subject matter Jurisdiction | cases or issues a court is authorized to hear
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| Geographic Jurisdiction | area within which a court may exercise its authority to hear cases
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| Original Jurisdiction | No court, other than the specific one holding original jurisdiction, may initially consider the matter in question
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| Jury instructions | The court's explanation of the law applicable in a case given to the jury before deliberating
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| Juror challenge - peremptory/for cause | either party may challenge a prospective juror; no reason must be given/some rational reason underlies the challenge
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| Jury venire / venire facias | Eligible citizens from which a jury is drawn
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| justiciable | an issue which a court is capable to decide or a question appropriate for judicial consideration
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| nonjusiticiable | An issue that a court cannot entertain, such as political questions reserved for Congress or a state legislature
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| Landmark or Benchmark decision | particularly important holding or ruling that affects large segments of society, establishes important new legal principles, or changes established ones
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| lien | legal right or claim on specific property which attaches to the property until the debt is satisfied
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| mechanic's lien | Statutory claim created to ensure payment to contractors and suppliers on construction projects
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| minutes | chronological record or recap of court proceedings
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| mistrail | inability of a jury to reach a verdict; declared when certain technical violations of court rules are deemed to be of such significance as to threaten a possible miscarriage of justice
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| mitigating/aggravating circumstances | Considerations that increase/decrease a criminal sentencing
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| motion | application made for some action to be taken or ruling made by a court
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| motion in limine | motion filed by a party to a lawsuit which asks the court for an order or ruling limiting or preventing certain evidence from being presented by the other side at the trial of the case.
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| Motion to compel | (motion in limine in the nature of injunction) requires a party to comply with some court ruling
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| nonsuit | An action which is insufficient on its face to permit trial
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| oath/swear/affirmation | A witness' formal promise to tell the truth while testifying
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| official record | The transcript of court proceedings, exhibits, and all physical evidence
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| On all fours / on point | cases or court decisions whose underlying facts are similar
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| opening statement | introductory remarks made by an attorney at the start of trial; an outline of evidence of to be presented and facts to be proven
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| opinion testimony | testimony provided by expert witnesses who have special expertise and therefore qualified to consider hypothetical situations to aid the court's understanding
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| OR | own recognizance - a criminal defendant who is released from custody on simple promise to appear in court, not by posting bond
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| party | relative equality as in status, amount, or value
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| pecuniary damages | money awarded in compensation for damages sustained
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| percipient witness | an eye witness with firsthand knowledge of a matter
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| peremptory challenge | Rejecting a prospective juror without having to reveal any reason why
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| plea/pleadings/prayer | Document presented to a court by a plaintiff which cites alleged wrongdoing on the part of a defendant and requests specific relief
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| precedent | A prior court ruling or opinion
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| prejudice | bias or preconceived opinion formed before evidence is fully heard
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| presumption of innocence | principle that a criminal defendant is considered innocent until proven guilty
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| Preponderance of evidence | The standard of winning in a civil matter
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| Beyond a reasonable doubt | standard of conviction in a criminal trial
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| privity of contract | contractual relationship between parties
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| probable cause | sufficient reason for law enforcement agents to obtain a search warrant or detain someone [suspected of committing a crime]
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| probation | releasing a person found guilty of an offense under strict supervision
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| proof hearing | Hearing where plaintiff presents the actual evidence supporting a position - after a default judgment
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| punitive damages | Money awarded to plaintiff above and beyond actual damages suffered, designed to punish the defendant and warn others against pursuing such court of action
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| Rebut/rebuttal | Evidence presented by plaintiff to contradict points made in the defendant's case
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| Surrebuttal | Evidence presented by defendant to counteract plaintiff's rebuttal
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| recant | formal retraction of a previous statement
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| recidivism | A habitual/repeat criminal
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| recross | Further questioning of a witness after redirect examination (by opposing party)
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| recuse | to disqualify; a judge is expected to recuse themself when there is a conflict of interest or may otherwise be biased
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| redact | to edit or revise, as in preparing a document for publication
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| redirect | Further questioning of a witness after cross-examination (by party who called witness)
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| remainderman | Person who is to receive property after death of a life tenant
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| Remitter | Operation of law which restores an earlier valid title, thus replacing a later defective title
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| Remittitur | A court's order reducing the amount of a crossly excessive jury award
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| rescission | cancellation or annulment (especially of a contract)
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| riparian | relating to water rights and access to rivers and strams
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| ruling | a court's decision on a legal question raised in a case
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| scofflaw | one who not only breaks the law but holds it in contempt
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| sealed | not open to public scrutiny
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| Sentencing | procedure after criminal trial when severity of the sentence is decided and imposed
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| settlemen | An agreement between parties
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| Sehpardizing | Legal research into the ultimate outcome of a case after appeals
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| sidebar | Discussion between counsel and judge outside the hearing of the jury
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| Standard of Evidence | How much or what type of evidence needed to prevail
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| Burden of Proof | Obligation to provide affirmative evidence on an issue
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| Standing (to sue) doctrine | Having sufficient interest in the outcome of an issue to permit filing a lawsuit or participating in an action
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| Statutory law | law enacted by a legislature
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| Positive law | law enacted by a legislature
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| suborn | To induce commission of an unlawful act, particularly to encourage perjured testimony from a witness
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| Subpoena Duces Tecum | Formal order to appear in court to supply specified documents
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| Subpoena Ad Testificandum | Formal order to appear in court and come prepared to testify
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| Summary Judgment | A judgment entered by a court for one party and against another party summarily, i.e., without a full trial
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| Summons | Official notice served upon a defendant that an action has been brought, and ordering an appearance in court to answer the complaint; an order in an admin proceeding (such as an IRS tax audit) for production of records
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| Surplusage | Irrelevant matter in a proceeding; excessive verbiage
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| Joint tenancy | (tenancy in common) Ownership of real property by two or more persons with undivided interest
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| Testimony | Evidence given by witness under oath
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| Tort / Tortfeasor | A civil wrongdoing / a defendant who is alleged or actually found to have committed such a wrong
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| transcript | verbatim record of court proceeding or deposition
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| Trier of fact | One with responsibility to decide what evidence is true or which witnesses are to be believed
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| U.S.C. | United States Code - body of federal legislation enacted by Congress
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| Verdict | Decision made by a jury in a criminal matter
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| Voir Dire | Examination of a witness as to qualifications to testify on a matter; examination of prospective jurors to see if they are qualified to sit on a jury
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| Within the four corners | "The document speaks for itself" - document contents which require no special interpretation
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| writ | court order requiring that an act be performed
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| Writ of Certiorari | Common law writ issued by a Superior Court to one of inferior jurisdiction demanding the record of a particular case
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| Venue | the territorial jurisdiction of county and municipal courts
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| Writs of mandamus | to compel an official or agency to perform a specific duty (or forbit certain acts from being performed)
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| To prescribe an action | "thou shalt"
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| To proscribe an action | "thou shalt not"
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| What is the recommended microphone placement for a Jury Voir Dire? | Channel 2 (witness) because no witness will be at the stand. For questions submitted by counsel, use 3 and 4.
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| What is the order in which you should troubleshoot your supplies? | Headphones, computer, Recording software, recording channels, sound card or driver software; audio device, microphones.
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