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August 24, 2010
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Legal Terms and Definitions

 


Glossary of Legal Terms

 

Habeas corpus
Latin phrase meaning "you have the body"; a civil proceeding used to review the legality of a prisoner's confinement in criminal cases. Habeas corpus actions are commonly used as a means of reviewing state or federal criminal convictions. The petitioner alleges the convictions violated state or federal constitutional rights. State habeas proceedings start in state District Court; federal habeas proceedings start in federal District Court. Lower court decisions may be appealed to appellate courts.

Double jeopardy
Common law and constitutional prohibition (5th Amendment) against more than one prosecution for the same crime

Bind over
A judge's decision to hold a criminal defendant for trial.

Fraud
An intentional perversion of truth; deceitful practice or device resorted to with intent to deprive another of property or other right

Codicil
A supplement or an addition to a will. It may explain, modify, and add to, subtract from, qualify, alter, restrain or revoke provisions in the existing will.

Directed verdict
In civil cases in which there is insufficient basis for any other conclusion, the judge may direct the jury to render a specific verdict. Criminal defendants may also ask the court to rule in their favor rather than submitting the case to the jury.

Appearance
The formal proceeding by which defendant submits to the jurisdiction of the court.

Corroborating evidence
Evidence supplementary to that already given and tending to strengthen or confirm it.

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Did You Know?    
 
 
Mediation may not be the most appropriate avenue for resolution in all cases.

For example, it may not be appropriate in cases where: A definitive or authoritative resolution of the matter is required; The matter involves or may bear upon significant questions of Government policy that require additional procedures before a final resolution may be made; Maintaining established policies that apply to many people is especially important; The matter significantly affects persons or groups who are not parties to the process; A full public record of the proceeding is important; or The agency must maintain continuing jurisdiction over the matter with authority to alter the disposition of the matter in light of changed circumstances.

 


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Latest news about legal cases in Rhode Island and nationwide:

President Signs H.R. 889
I have today signed into law H.R. 889, the "Coast Guard and Maritime Transportation Act of 2006." The Act authorizes funding for and strengthens th...
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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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Judiciary Calls for Funding to Maintain Course
The federal courts have asked Congress to provide a fiscal year 2007 appropriation sufficient to build on the gains achieved in FY 2006, or risk re...
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Legal Terms

 


Today's Terms

Dissent

Definition:
A term commonly used to denote the disagreement of one or more judges of a court of appeals with the decision of the majorityA term commonly used to denote the disagreement of one or more judges of a court of appeals with the decision of the majority

Willful

Definition:
A "willful" act is one done intentionally, as distinguished from an act done carelessly or inadvertently.

Custody

Definition:
The right to or responsibility for a child's care and control, carrying with it the duty of providing food, shelter, medical care, education and discipline.

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