Legal Terms and Definitions

Glossary of Legal Terms

Material evidence Evidence that is relevant to the issues in a case. Prejudicial error Synonymous with "reversible error"; an error which warrants the appellate court in reversing the judgment before it. 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. Plaintiff A person who files a lawsuit. Nolle prosequi A formal entry upon the record by the plaintiff in a civil suit, or the prosecuting officer in a criminal case, declaring the case will not be prosecuted. Executor A person assigned to carry out the provisions of a will Hypothetical question A form of question generally used for expert witnesses. The examiner states a factual foundation (often based on disputed facts) and asks the expert to draw conclusions based on the hypothetical foundation. The hypothetical question includes only facts already in evidence. Appeal The bringing of a case to a higher court for review of a lower court's order or judgment.

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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.