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August 24, 2010
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Legal Terms and Definitions

 


Glossary of Legal Terms

 

No bill
This phrase, endorsed by a grand jury on an indictment, means that, in the opinion of the jury, evidence was insufficient to warrant the return of a formal charge.

Fiduciary
A person who has assumed a special relationship to another person or another person's property, such as a trustee, administrator, executor, lawyer, or guardian. The fiduciary must exercise the highest degree of care to maintain and preserve the person's rights and/or property, which are within his/her charge

Lis pendens
A pending suit.

Attorney of record
Attorney whose name appears in the permanent records or files of a case.

Dismissal without prejudice
A dismissal which permits the plaintiff to sue again on the same cause of action or the state to proceed again. Dismissal with prejudice bars the right to subsequently bring an action on the same cause

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

Law and motion
A setting before a judge at which time a variety of motions, pleas, sentencing, orders to show cause or procedural requests may be presented. Normally, evidence is not taken. Defendants must be present.

Order to show cause
Court order requiring a party to appear and show cause why the court should not take a particular course of action. If the party fails to appear or to give sufficient reasons why the court should take no action, the court will take the action. In criminal cases, the defendant must show why probation should not be revoked.

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Did You Know?    
 
 
The mediation process may vary depending on the mediator.

Generally, mediations commence with a general session with all parties, counsel and the mediator. At the general session, there will be a discussion of the case, the issues on appeal and other matters important to settlement. Then the mediator will meet separately with each party and their counsel in separate "caucuses." In these separate sessions, the mediator will seek to foster negotiations between the parties and develop agreement.

 


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Latest news about legal cases in Durham and nationwide:

Florida Court Imposes Over $25M in Sanctions in Fraud Case
Washington, D.C.—The U.S. Commodity Futures Trading Commission (CFTC) announced today that, on May 19, 2006, the Honorable Daniel T. K. Hurley of t...
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Legislative Initiative to Combat Child Pornography on the Internet
WASHINGTON, D.C. – In a speech today at the National Center for Missing and Exploited Children (NCMEC) in Alexandria, Virginia, Attorney General Al...
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Highlights: FY07 Homeland Security Appropriation Bill
The House bill provides $32.08 billion for the Department of Homeland Security (DHS) in fiscal year 2007, $1.8 billion above the fiscal year 2006 e...
Read more >


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Legal Terms

 


Today's Terms

Competency

Definition:
A witness's ability to observe, recall and recount under oath what happened. Criminal defendants must also be competent to stand trial; they must understand the nature of the proceedings and have the ability to assist their lawyers.

Executor

Definition:
A person assigned to carry out the provisions of a will

Opinion evidence

Definition:
Witnesses are normally required to confine their testimony to statements of fact and are not allowed to give their opinions in court. However, if a witness is qualified as an expert in a particular field, he or she may be allowed to state an opinion as an expert based on certain facts.

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