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February 27, 2010
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Legal Terms and Definitions

 


Glossary of Legal Terms

 

Pardon
Action by an official of an executive branch of government relieving a criminal from a conviction.

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.

Estate
A collective term meaning all real and personal property owned by a person.

Leading question
One that virtually instructs a witness how to answer or puts into his mouth words to be echoed back; one, which suggests to the witness the answer, desired. Ordinarily prohibited on direct examination, although allowed on cross-examination.

Multiplicity of actions
Numerous and unnecessary attempts to litigate the same issue.

res judicata
Literally, "a thing that speaks for itself." In tort law, the doctrine, which holds a defendant guilty of negligence without an actual, shows that he or she was negligent. Its use is limited in theory to cases in which the cause of the plaintiff's injury was entirely under the control of the defendant, and the injury presumably could have been caused only by negligence.

Criminal case
A case brought by the government against a person accused of committing a crime.

Litigant
A party to a lawsuit; one engaged in litigation.

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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 Baton Rouge and nationwide:

Mason Named Exec Assistant Director
Washington D.C.—Director Robert S. Mueller, III is pleased to announce the appointment of Michael A. Mason to be Executive Assistant Director (EAD)...
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Current State of Confidentiality Law
One expert has described the current law governing the confidentiality of health care information as a “crazy quilt of Federal and state constituti...
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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

Indeterminate sentence

Definition:
An indefinite sentence of imprisonment, within a specified range (e.g. "5 to life") with the Board of Pardons later determining the exact term to be served.

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.

Bail bondsman

Definition:
A person who posts bail in exchange for a fee, usually 10 percent of the total bail.

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