From “Magistrate” to “Mutual assent”
Judicial officer exercising some of the functions of a judge. It also refers in a general way to a judge.
The commission of an unlawful act.
An action instituted with intention of injuring the defendant and without probable cause, and which terminates in favor of the person prosecuted.
Any professional misconduct.
A writ by which a court commands the performance of a particular act.
The unlawful killing of another without intent to kill; either voluntary (upon a sudden impulse); or involuntary (during the commission of an unlawful act not ordinarily expected to result in great bodily harm).
The executive officer of the federal court.
Martindale-Hubbell Lawyer Directory
A publication of several volumes which contains names, addresses, specialties, and rating of United States lawyers; also includes digests of state and foreign statutory law.
Evidence which is relevant to the issues in a case.
A form of alternative dispute resolution in which the parties bring their dispute to a neutral third party, who helps them agree on a settlement.
An informal note or instrument embodying something the parties desire to have in written evidence.
Literally in Latin, “guilty mind.” The intent required to commit the crime. It is a prerequisite to conviction for a crime involving a moral wrong, but it is not a prerequisite to conviction for an act that is a crime only because a statute designates it to be a crime, e.g., overtime parking.
The absorption of one thing or right into another.
A person under the age of legal competence.
A book maintained by the courtroom deputy (bailiff), which contains minute entries of all hearings and trial conducted by the judge.
Memorandum of a transaction or proceeding.
Requirement that police tell a suspect in their custody of his or her constitutional rights before they question him or her. So named as a result of the Miranda v. Arizona ruling by the United States Supreme Court.
A criminal offense lesser than a felony and generally punishable by fine or by imprisonment other than in a penitentiary.
Improper performance of an act which a person might lawfully do.
An invalid trial, caused by fundamental error. When a mistrial is declared, the trial must start again from the selection of the jury.
Those which do not constitute a justification or excuse for an offense but which may be considered as reasons for reducing the degree of blame.
A reduction, abatement, or diminution of a penalty or punishment imposed by law.
The name of an order in writing, issuing from a court and directing the sheriff or other officer to convey a person to a prison, asylum, or reformatory, and directing the jailer or other appropriate official to receive and safely keep the person until his or her fate shall be determined by due course of law.
A moot case or a moot point is one not subject to a judicial determination because it involves an abstract question or a pretended controversy that has not yet actually arisen or has already passed. Mootness usually refers to a court’s refusal to consider a case because the issue involved has been resolved prior to the court’s decision, leaving nothing that would be affected by the court’s decision.
An application made to a court or judge which requests a ruling or order in favor of the applicant.
Motion in Limine
A motion made by counsel requesting that information which might be prejudicial not be allowed to be heard in a case.
The unlawful killing of a human being with deliberate intent to kill: (1) murder in the first degree is characterized by premeditation; (2) murder in the second degree is characterized by a sudden and instantaneous intent to kill or to cause injury without caring whether the injury kills or not.
A meeting of the minds; agreement.