Legal Terms and Definitions

Glossary of Legal Terms

Impeachment of witness An attack on the credibility of a witness. Preliminary injunction In civil cases when it is necessary to preserve the status quo prior to trial, the court may issue a preliminary injunction or temporary restraining order ordering a party to carry out a specified activity. Miranda rule The rule, pronounced in Miranda v. Arizona, that confessions are inadmissible in a criminal prosecution if the police do not advise the suspect in custody of certain rights before questioning. Rebuttal evidence A person accused of a crime is entitled to acquittal if, in the minds of the jury or judge, his or her guilt has not been proved beyond a "reasonable doubt"; the jurors are not entirely convinced of the person's guilt. No-fault divorce A kind of divorce in which the parties need not cast blame on one another for the failure of the marriage. Mandamus A writ by which a court commands the performance of a particular act. Sentence An order issued by a judge or magistrate commanding a sheriff, constable, or other officer to search a specified location. Condemnation The legal process by which real estate of a private owner is taken for public use without the owner's consent, but theownerreceives "just compensation.

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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.