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August 24, 2010
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Legal Terms and Definitions

 


Glossary of Legal Terms

 

Fifth Amendment
Among other rights, the Fifth Amendment to the U.S. Constitution guarantees that a person cannot be compelled to present self-incriminating testimony in a criminal (or juvenile) proceeding.

Preliminary hearing
A probable cause hearing which screens felony criminal cases by deciding whether there is enough evidence to warrant a trial. If the judge determines there is sufficient evidence, the defendant is "bound over" for trial. The defendant may waive this hearing.

Immunity
Legal protection from liability. There are many categories of immunity in civil and criminal law. For example, sovereign immunity protects government agencies from civil liability and judicial immunity protects judges acting in their official capacities.

Relevant
In Juvenile Court, a written report submitted by law enforcement officer or other person who has reason to believe a juvenile has committed a crime that would place the child within the jurisdiction of the Juvenile Court.

Due process
The guarantee of due process requires that no person be deprived of life, liberty, or property without a fair and adequate process. In criminal proceedings (as well as juvenile) this guarantee includes the fundamental aspects of a fair trial, including the right to adequate notice in advance of the trial, the right to counsel, the right to confront and cross-examine witnesses, the right to refuse self-incriminating testimony, and the right to have all elements of the crime proven beyond a reasonable doubt

Continuance
A court order postponing proceedings.

Forfeiture
The concept of forfeiture is used in a variety of settings in the legal system. For example, property such as an automobile or house that is used in the commission of a crime i.e., selling a controlled substance, may be forfeited to the state in a civil proceeding.

Common law
General provisions of law existing before codification or interpretation by courts.

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Did You Know?    
 
 
Alternative Dispute Resolution describes problem-solving processes

Alternative Dispute Resolution describes problem-solving processes that promote creative solutions to disputes that are unavailable in traditional dispute resolution forums. May include a specialist

 


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Latest news about legal cases in Lubbock and nationwide:

NEW MARIJUANA LAWS
The new marijuana laws created by House Bill 149, which will soon be signed byGovernor Murkowski, will immediately affect those who possess fo...
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Executive Order: Protecting the Property Rights
Section 1. Policy. It is the policy of the United States to protect the rights of Americans to their private property, including by limiting the ta...
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Colapietro's Fake Air Bag and Gas Price Posting Bills Become Law
Bills dealing with unfair trade practices, standards earn Governor's signature

State Senator Tom Colapietro (D-Bristol) today announced tha...

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Legal Terms

 


Today's Terms

Interrogatories

Definition:
In the discovery phase of civil litigation, these written questions are submitted by one party to another party and must be answered in writing under oath.

Malicious prosecution

Definition:
A merit less (civil or criminal) action instituted solely to harass the defendant. Such misuse of the judicial process may be the basis for an action against the original plaintiff/prosecutor.

Perjury

Definition:
Lying while under oath

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