Legal Terms and Definitions

Glossary of Legal Terms

False pretenses Representation of some fact or circumstance which is not true and is calculated to mislead, whereby a person obtains another's money or goods Proximate cause A court order following a judgment on the ground of neglect or abuse, whereby the child is permitted to remain in his home, and supervision and assistance to correct the neglect or abuse is provided by the probation department or other agency designated by the court. Willful A "willful" act is one done intentionally, as distinguished from an act done carelessly or inadvertently. Battery Actual physical violence, whether serious or minor, inflicted on a person. (A mere threat is called assault, whereas the completed act is called battery). In loco parentis In the place of the parent"; refers to actions of a custodian, guardian or other person acting in the parent's place. Code A collection, compendium or revision of laws, rules and regulations enacted by the legislature, i.e., Utah Code Annotated. Retainer: Similar to an injunction, commanding the party to leave the other party alone, usually in a divorce proceeding. Direct examination: The first questioning of a witness by the attorney for the party on whose behalf the witness is called. Usually proceeds with open ended, non leading questions.

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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.