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July 20, 2010
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Legal Terms and Definitions

 


Glossary of Legal Terms

 

Allegation
The assertion, declaration, or statement of a party to an action, made in a pleading, establishing what the party expects to prove.

Calendar
A court's list of cases for arraignment, hearing, trial or arguments.

Abandonment
A parent's or custodian's act of leaving a child without adequate care, supervision, support or parental contact for an excessive period of time. Also, the desertion of one spouse by the other with the intent to terminate the marriage relationship.

Change of venue
The removal of a suit begun in one county or district to another for trial, or from one court to another in the same county or district. In criminal cases, for example, a change of venue will be permitted if the court feels the defendant cannot receive a fair trial where the court is located.

Premeditation
The planning of a crime preceding the commission of the act, rather than committing the crime on the spur of the moment.

Respondent
Literally, "a superior (or master) must answer." The doctrine which holds that employers are responsible for the acts and omissions of their employees and agents, when done within the scope of the employees' duties.

Interlocutory appeal
An appeal to an appellate court of a temporary or provisional order of a trial court. The appellate court is not required to hear the appeal

Writ
A petition to a court for some extraordinary relief, such as asking the court to release a defendant from imprisonment.

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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.

 


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Latest news about legal cases in Hialeah 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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Hacker Pleads Guilty to Illegally Accessing NY Times Network
DAVID N. KELLEY, the United States Attorney for the Southern District of New York, and PASQUALE D’AMURO, the Assistant Director in Charge of the Ne...
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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...
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Legal Terms

 


Today's Terms

Negligence

Definition:
Failure to exercise the care that an ordinarily prudent person would exercise in the same circumstances.

Beyond a reasonable doubt

Definition:
Entirely convinced; in a criminal case the defendant's guilt must be proven to the jury to this extent. This is the highest burden of proof any party has in any proceeding

Comparative negligence

Definition:
The degree to which a person contributed to his/her own injury, damage or death. Usually measured in terms of percentage. Contributory negligence is the failure to exercise care by a plaintiff, which contributed to the plaintiff's injury.

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