Commonly Used Legal Terms in Higher Education A Accomplice: 1. A partner in a crime. 2.

A person who knowingly and voluntarily participates with another in a criminal activity. Acknowledgment: 1. A statement of acceptance of responsibility. 2. The short declaration at the end of a legal paper showing that the paper was duly executed and acknowledged. Acquit: To find a defendant not guilty in a criminal trial. Action: In the legal sense, a formal complaint or a suit brought in court. Adjudication: Giving or pronouncing a judgment or decree. Also the judgment given. Administrative Agency: Governmental body responsible for administering and implementing a particular legislation, such as laws governing traffic safety or workers' compensation. These agencies may have rulemaking power and judge-like authority to decide disputes. Administrative Hearing: Proceeding before an administrative agency which consists of an argument, a trial, or both. Rules governing the proceeding, including rules of evidence, are generally less strict than in civil or criminal trials. Admissible evidence: Evidence that can be legally and properly introduced in a civil or criminal trial. Adversary Proceeding: Legal proceeding involving parties with opposing interests, with one party seeking legal relief and the other opposing it. Affiant: A person who makes and signs an affidavit. Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths. For example, in criminal cases, affidavits are often used by police officers seeking to convince courts to grant a warrant to make an arrest or a search. In civil cases,

affidavits of witnesses are often used to support motions for summary judgment. Agreement: Mutual assent between two or more parties; normally leads to a contract; may be verbal or written. Aid and Abet: To actively, knowingly or intentionally assist another person in the commission or attempted commission of a crime. Allegation: The claim made in a pleading by a party to an action setting out what he or she expects to prove. Alternative Dispute Resolution: Settling a dispute without a full, formal trial. Methods include mediation, conciliation, arbitration, and settlement, among others. Appeal: Request to a superior or higher court to review and change the result in a case decided by an inferior or lower court or administrative agency. Appearance: 1. The formal proceeding by which a defendant submits to the jurisdiction of the court. 2. A written notification to the plaintiff by an attorney stating that he or she is representing the defendant. Appellate Court: A court having jurisdiction to hear an appeal and review the decisions of a lower or inferior court. Arbitration: A form of alternative dispute resolution in which the parties bring their dispute to a neutral third party and agree to abide by his or her decision. In arbitration there is a hearing at which both parties have an opportunity to be heard. Arbitrator: A person who conducts an arbitration. Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty. Sometimes called a preliminary hearing or initial appearance. Arrest: To take into custody by legal authority.

Assault: A willful attempt or threat to harm another person, coupled with the present ability to inflict injury on that person, which causes apprehension in that person. Although the term "assault" is frequently used to describe the use of illegal force, the correct legal term for use of illegal force is "battery ." Assumption of the Risk: When a person voluntarily and knowingly proceeds in the face of an obvious and known danger, she assumes the risk. A person found to have assumed the risk cannot make out the duty element of a negligence cause of action. The theory behind the rule is that a person who chooses to take a risk cannot later complain that she was injured by the risk that she chose to take. Therefore, she will not be permitted to seek money damages from those who might have otherwise been responsible. Attorney-Client Privilege: Client's privilege to refuse to disclose and to prevent any other person from disclosing confidential communications between the client and his or her attorney. B bail To set at liberty a person arrested or imprisoned, on security being taken, for his appearance on a specified day and place. bail bond An obligation signed by the accused, with sureties, to secure his presence in court. bailiff A court attendant whose duties are to keep order in the courtroom and to have custody of the jury. best evidence Primary evidence; the best evidence which is available; any evidence falling short of this standard is secondary; i.e., an original letter is best evidence compared to a copy. bind over To hold on bail for trial. brief A written or printed document prepared by counsel to file in court, usually setting forth both facts and law in support of his case. burden of proof in the law of evidence, the necessity or duty of affirmatively proving a fact or facts in dispute.

C cause A suit, litigation or action; civil or criminal. 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. charge in federal court, the judge's instructions to the jury on its duties, on the law involved in the case and on how the law in the case must be applied. The charge is just before the jury retires to consider its verdict. Also, often meaning an accusation in a criminal case. circumstantial evidence All evidence of indirect nature; the process of decision by which court or jury may reason from circumstances known or proved to establish by inference the principal fact. civil action Lawsuit based on a private wrong, as distinguished from a crime, or to enforce rights through remedies of a private or non-penal nature. code A collection, compendium or revision of laws systematically arranged into chapters, table of contents and index, and promulgated by legislative authority. commit To send a person to prison, an asylum, workhouse or reformatory by lawful authority. common law Law which derives its authority solely from usages and customs of immemorial antiquity, or from the judgments and decrees of courts. Also called case law. comparative negligence The doctrine by which acts of the opposing parties are compared in the degrees of "slight," "ordinary" and "gross" negligence. competency in the law of evidence, the presence of those characteristics which render a witness legally fit and qualified to give testimony. complainant Synonymous with "plaintiff." complaint The first or initiatory pleading on the part of the complainant, or plaintiff, in a civil action.

concurrent sentence Sentences for more than one crime in which the time of each is to be served concurrently rather than successively. contempt of court Any act calculated to embarrass, hinder, or obstruct a court in the administration of justice, or calculated to lessen its authority or dignity. Contempts are of two kinds: direct and indirect. Direct contempts are those committed in the immediate presence of the court; indirect is the term chiefly used with reference to the failure or refusal to obey a lawful order. contingent fee A charge for services, agreed to in advance, based on the lawyer's successful handling of the case. continuance A postponement granted by the court. A continuance may be granted only for a good cause, such as illness of counsel or a party, or the unavailability of a witness. contract An enforceable oral or written agreement between two or more parties. conversion The improper use or destruction of another's personal property for one's own benefit without the owner's consent. corpus delicti The body (material substance) upon which a crime has been committed, e.g., the corpse of a murdered man, the charred remains of a burned house. corroborating evidence Evidence supplementary to that already given and tending to strengthen or confirm it. court reporter A person who transcribes by shorthand or stenographically takes down testimony during court proceedings. costs An allowance for expenses in prosecuting or defending a suit. Ordinarily does not include attorney's fees. counterclaim A claim presented by a defendant in opposition to the claim of a plaintiff. courts of record Those whose proceedings are permanently recorded, and which have the power to

fine or imprison for contempt. Courts not of record are those of lesser authority whose proceedings are not permanently recorded. criminal insanity Lack of mental capacity to do or abstain from doing a particular act, inability to distinguish right from wrong. cross-examination The questioning of a witness in a trial, or in the taking of a deposition, by the party opposed to the one who produced the witness. cumulative sentence Separate sentences (each additional to the others) imposed against a person convicted upon an indictment containing several counts, each a different offense. (Same as accumulative sentence.) D damages Pecuniary compensation which may be recovered in the courts by any person who has suffered loss, detriment, or injury to his person, property or rights, through the unlawful act or negligence of another. damnum absque injuria Literally, "a wrong without injury." The doctrine that a person has no cause of action, and that the courts will not hear a case in which the wrongful acts of potential defendants caused no harm to person, property or rights. declaratory judgment One which declares the rights of the parties or expresses the opinion of the court on a question of law, without ordering anything to be done. decree A decision or order of the court. A final decree is one which fully and finally disposes of the litigationan interlocutory decree is a provisional or preliminary decree which is not final. deed A formal written instrument used to convey title to real property from one individual to another. de facto "In fact." Used to describe a corporation, person or a state of affairs that exists in reality though perhaps not officially. A matter of conduct or practice not founded upon law.

defamation The use of false, derogatory statements about another. Verbal statements constitute "slander." Written statements constitute "libel." default A "default" in an action of law occurs when a defendant omits to plead within the time allowed or fails to appear at the trial. defendant The party against whom a civil or criminal action is brought. de jure "By right." Used to describe a corporation, person or state of affairs functioning in accordance with the requirements of the law. de minimus non curat lex Literally, "the law does not cure trifles." The doctrine that a minimal or trifling injury does not justify the time and trouble of a lawsuit, and the courts may properly refuse to hear such a case. demur To file a pleading (called a "demurrer") admitting the truth of the facts in the complaint, or answer, but contending they are legally insufficient. de novo "Anew, afresh." A "trial de novo" is the retrial of a case. deposition The testimony of a witness not taken in open court but in pursuance of authority given by statute or rule of court to take testimony elsewhere. direct evidence Proof of facts by witnesses who saw acts done or heard words spoken, as distinguished from circumstantial evidence, which is called indirect. directed verdict An instruction by the judge to the jury to return a specific verdict. discovery A proceeding whereby one party to an action may be informed as to facts known by other parties or witnesses. dismissal without prejudice Permits the complainant to sue again on the same cause of action, while dismissal "with prejudice" bars the right to bring or maintain an action on the same claim or cause.

dissent A term commonly used to denote the disagreement of one or more judges of a court with the decision of the majority. . double jeopardy Common-law and constitutional prohibition against more than one prosecution for the same crime, transaction or omission. duces tecum "Under penalty you shall take it with you." A term applied to a subpoena or other writ ordering the person upon whom it is served to bring specified documents or evidence to court. due process Law in its regular course of administration through the courts of justice. The guarantee of due process requires that every man have the protection of a fair trial E emancipation The time when a child becomes legally free from parental control, which occurs automatically upon reaching the age of majority (18 for most purposes). It may occur earlier when the child is married or abandoned by parents and begins self-support. embezzlement The fraudulent appropriation by a person to his own use or benefit of property or money entrusted to him by another. enjoin To require a person, by writ of injunction from a court of equity, to perform, or to abstain or desist from some act. entrapment The act of officers or agents of a government in inducing a person to commit a crime not contemplated by him, for the purpose of instituting a criminal prosecution against him. equitable remedy When a plaintiff seeks injunction, restitution, rescission and/or specific performance (as opposed to legal remedy). estoppel A person's own act, or acceptance of facts, which preclude his later making claims to the contrary. et al. An abbreviation of et alii, meaning "and others."

et seq. An abbreviation for et sequentes, or et sequentia, meaning "and the following." exclusionary rule A rule prohibiting the use in criminal prosecutions of illegally obtained evidence. exhibit A paper, document or other article produced and exhibited to a court during a trial or hearing. ex parte By or for one party; done for, in behalf of, or on the application of, one party only. expert evidence Testimony given in relation to some scientific, technical, or professional matter by experts, i.e., persons qualified to speak authoritatively by reason of their special training, skill, or familiarity with the subject. ex post facto After the fact; an act or fact occurring after some previous act or fact, and relating thereto. extenuating circumstances Circumstances that render a crime less aggravated, heinous, or reprehensible than it would otherwise be. extradition The surrender by one state to another of an its individual accused or convicted of an offense outside s own territory, and within the territorial jurisdiction of the other. F fair comment A term used in the law of libel, applying to statements made by a writer in an honest belief of their truth, relating to official act, even though the statements are not true in fact. fair preponderance Evidence sufficient to create in the minds of the triers of fact the belief that the party that bears the burden of proof has established its case. false arrest Any unlawful physical restraint of another's liberty, whether in prison or elsewhere. false pretenses Designed misrepresentation of existing fact or condition whereby a person obtains another's money or goods.

felony A crime of a graver nature than a misdemeanor. Generally, an offense punishable by death or imprisonment in a penitentiary. fiduciary A term derived from the Roman law, meaning a person holding the character of a trustee, in respect to the trust and confidence involved in it and the scrupulous good faith and candor that it requires. forgery The false making or material alterin& with intent to defraud, of any writing which, if genuine, might be the foundation of a legal liability. fraud An intentional perversion of truth; deceitful practice or device resorted to with intent to deprive another of property or other right, or in some manner to do him injury. G garnishment A proceeding whereby property, money or credits of a debtor, in possession of another (the garnishee), are applied to the debts of the debtor. garnishee The person upon whom a garnishment is served, usually a debtor of the defendant in the action; (verb) to institute garnishment proceedings. general demurrer A demurrer that raises the question whether the pleading against which it is directed lacks the definite allegations essential to a cause of action, or defense. grand jury A jury of inquiry whose duty is to receive complaints and accusations in criminal cases, hear the evidence and find bills of indictment in cases where they are satisfied that there is probable cause that a crime was committed and that a trial ought to be held. (See also petit jury) gratuitous guest In automobile law, a person riding at the invitation of the owner of a vehicle or his authorized agent, without payment of a consideration or a fare. guardian ad litem A person appointed by a court to look after the interests of an infant whose property is involved in litigation. H

habeas corpus "You have the body." The name given a variety of writs whose object is to bring a person before a court or judge. In most common usage, it is directed to the official or person detaining another, commanding him to produce the body of the prisoner or person detained so the court may determine if such person has been denied his liberty without due process of law. harmless error In appellate practice, an error committed by a lower court during a trial, but not prejudicial to the rights of the party and for which the court will not reverse the judgment. hearsay Evidence not proceeding from the personal knowledge of the witness. hostile witness A witness who is subject to crossexamination by the party who called him to testify, because of his evident antagonism toward that party as exhibited in his direct examination. I impeachment of witness An attack on the credibility of a witness by the testimony of other witnesses. implied contract A contract in which the promise made by the obligor is not express, but inferred by his conduct or implied in law. imputed negligence Negligence that is not directly attributable to the person himself, but which is the negligence of a person who is privity with him, and with whose fault he is chargeable. inadmissible That which, under the established rules of evidence, cannot be admitted or received. incompetent evidence Evidence that is not admissible under the established rules of evidence. indemnify To compensate another for loss or damage that already has occurred or to give security against future loss. indeterminate sentence An indefinite sentence of "not less than" and "not more than so many years, the exact term to be served being afterwards determined

by parole authorities within the minimum and maximum limits set by the court or by statute. indictment An accusation in writing found and presented by a grand jury, charging that a person therein named has done some act, or been guilty of some omission, which by law, is a crime. inferior court Any court subordinate to the chief appellate tribunal in a particular judicial system. information An accusation for some criminal offense, in the nature of an indictment, but which is presented by a competent public officer instead of a grand jury. injunction A mandatory or prohibitive writ issued by a court. instruction A direction given by the judge to the jury concerning the law of the case. instrument A formal written legal document such as a will, contract or deed. . interlocutory Provisional; temporary; not final. Refers to orders and decrees of a court. interrogatories Written questions propounded by one party and served on an adversary, who must provide written answers thereto under oath. irrelevant Evidence not relating or applicable to the matter in issue; not supporting the issue. J judgment The final decision rendered by a court in a civil or criminal proceeding. jurat The clause at the end of an affidavit stating when and before whom the affidavit was made. jury A certain number of persons, selected according to law, and sworn to inquire of certain matters of fact and declare the truth upon evidence laid before them. (See also: grand jury, petit jury) L leading question One which 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. Prohibited on direct examination. libel A method of defamation expressed by print, writing, pictures or signs. In its most general sense, any publication that is injurious to the reputation of another. limitation A certain time allowed by statute in which litigation must be brought. lis pendens A pending lawsuit. litigant One who is engaged in a lawsuit. locus delicti The place of the offense. M malfeasance Evil doing; ill conduct; the commission of some act which is positively prohibited by law. malicious prosecution An action instituted with intention of injuring the defendant and without probable cause, and which terminates in favor of the person prosecuted. malpractice A kind of lawsuit brought against a professional person, such as a doctor, lawyer or engineer, for injury or loss caused by the professional's failure to abide by accepted standards of practice. manslaughter The unlawful killing of another without malice; may be voluntary upon a sudden impulse, or involuntary in the commission of some unlawful act. material evidence Such as is relevant and goes to the substantial issues in dispute. mens rea Literally, "guilty mind." One of the two basic requirements, along with a guilty act, for a crime. misdemeanor Offenses less than felonies; generally those punishable by fine or imprisonment otherwise than in penitentiaries.

misfeasance A misdeed or trespass; the improper performance of some act which a person may lawfully do. mistrial An erroneous or invalid trial; a trial which cannot stand in law because of lack of jurisdiction, wrong drawing of jurors or disregard of some other fundamental requisite. mitigating circumstance One which does not constitute a justification or excuse for an offense, but which may be considered as reducing the degree of moral culpability. moot Unsettled; undecided. A moot point is one not settled by judicial decisions. moral turpitude Conduct contrary to honesty, modesty or good morals. motion A written or oral request, addressed to the court, that some action be taken. murder The unlawful killing of a human being by another with malice aforethought, either express or implied. N negligence The failure to do something which a reasonable man, guided by ordinary considerations, would do; or the doing of something which a reasonable and prudent man would not do. nolo contendere A pleading usually used by defendants in criminal cases, which literally means "I will not contest it." nominal party One who is joined as a party or defendant merely because the technical rules of pleading require his presence in the record. non compos mentis "Not of sound mind"; insane. non obstante veredicto "Notwithstanding the verdict." A judgment entered by order of court for one party, although there has been a jury verdict against him. notice of appeal A document filed with a clerk to inform the court of the appellant's intention to appeal a decision handed down by a lower court.

notice to produce In practice, a notice in writing requiring the opposite party to produce a certain described paper or document at the trial. O objection The act of taking exception to some statement or procedure in trial. Used to call the court's attention to improper evidence or procedure. opinion The formal written decision rendered by a judge or court in a case. It contains the legal principles and reasons upon which the decision was based.. order A written demand for some action rendered by a judge or court. P panel A list of jurors to serve in a particular court, or for the trial of a particular action; denotes either the whole body of persons summoned as jurors for a particular term of court or those selected by the clerk by lot. parol evidence rule When parties put an agreement in writing, all previous oral agreements merge with the writing and subsequent oral evidence cannot modify the agreement. parole The conditional release from prison of a convict before the expiration of his sentence. If he observes the conditions, the parolee need not serve the remainder of his sentence. parties The persons who are actively concerned in the prosecution or defense of a local proceeding. peremptory challenge The challenge which the prosecution or defense may use to reject a certain number of prospective jurors without assigning any cause. personal recognizance Bail consisting of a written promise to appear in court when required. Generally, when there is no good reason to suppose the accused in a criminal case will not appear when required, he will be released on his own recognizance. petition A written request addressed to the court asking for some favor or relief.

plaintiff A person who brings an action; the party who complains or sues in a personal action and is so named on the record. plea In criminal law, any of four formal responses to a criminal accusation. The four pleas are "not guilty," a complete denial of guilt; "not guilty by reason of insanity," which pleads the defense of criminal insanity and may be joined with a plea of "not guilty"; "no contest" or nolo contendere, which denies the guilt but admits the facts on which the charge is based (used when an accused fears that a guilty plea may be noted in a subsequent civil suit); and "guilty," which is a complete admission of guilt. plea bargaining Pretrial negotiations between the defense and then prosecution to obtain more lenient treatment for the accused. The accused will normally be permitted to plead guilty to a lesser charge or plead guilty to a principal offense and have other charges dismissed. The underlying basis for a negotiated plea must be stated in the court's records. pleading The process by which the parties in a suit or action alternately present written statements of their contentions, each responsive to that which precedes, and each serving to narrow the field of controversy, until there evolves a single point, affirmed on one side and denied on the other, called the "issue" upon which they then go to trial. power of attorney An instrument authorizing another to act as one's agent or attorney. prejudicial error Synonymous with "reversible error"; an error which warrants the appellate court to reverse the judgment before it. preliminary hearing Synonymous with "preliminary examination"; the hearing given a person charged with a crime by a magistrate or judge to determine whether he should be held for trial. Since the Constitution states that a man cannot be accused in secret, a preliminary hearing is open to the public unless the defendant himself requests that it be closed. The accused person must be present at this hearing and must be accompanied by his or her attorney.

preponderance of evidence Greater weight of evidence, or evidence which is more creditable and convincing to the mind, not necessarily the greater number of witnesses. presumption of fact An inference as to the truth or falsity of any proposition of fact, drawn by a process of reasoning in the absence of actual certainty of its truth or falsity, or until such certainty can be ascertained. presumption of law A rule of law that courts and judges shall draw a particular inference from a particular fact, or from particular evidence. prima facie "On its face." Evidence is said to be prima facie when, standing alone, it amounts to the degree of proof needed to make a particular finding. In a criminal case, the state's case is said to be prima facie if the evidence introduced is sufficient enough to convict. probation In modern criminal administration, allowing a person convicted of some minor offense (particularly juvenile offenders) to go at large, under a suspension of sentence, during good behavior, and generally under the supervision or guardianship of a probation officer. pro bono publico For the public good or for the welfare of the whole, usually referring to voluntary service rendered by attorneys. Commonly abbreviated as "pro bono." promissory note A written promise to pay a specific sum of money to a named person. property bond A kind of security, usually real estate in the jurisdiction of the case, to guarantee one's appearance in court. prosecutor One who instigates the prosecution upon which an accused is arrested or one who brings an accusation against the party whom he suspects to be guilty; also, one who takes charge of a case and performs the function of trial lawyer for the people. proximate cause One of the four requirements for a tort. That which produces an event without which the injury would not have occurred.

Q quash To overthrow; vacate; to annul or void a summons or indictment. quasi judicial Authority or discretion vested in an officer, wherein his acts partake of a judicial character. quid pro quo What for what; a fair return or consideration. R reasonable doubt An accused person is entitled to acquittal if, in the minds of the jury, his guilt has not been proved beyond a "reasonable doubt"; that state of the minds of jurors in which they cannot say they feel an abiding conviction as to the truth of the charge. rebuttal The introduction of rebutting evidence; the showing that statements of witnesses as to what occurred is not true; the stage of a trial at which such evidence may be introduced. remand To send a case back to a lower court for some further action. reply When a case is tried or argued in court, the argument of the plaintiff in answer to that of the defendant. A pleading in response to an answer. rescission The act of withdrawing, nullifying, voiding or canceling a contract. res ipsa loquitor "A thing that speaks for itself." The doctrine which holds a defendant guilty of negligence without an actual showing of negligence. Its use is limited 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. res judicata A rule of civil law that once a final judgment has been rendered by a court, the matter cannot be relitigated by the parties. A court will use res judicata to deny reconsideration of the matter. respondeat superior "A superior must answer." The doctrine which holds that an employer or principal is responsible for the acts and omissions of

employees or agents, when those acts are within the scope of their duties as employees or agents. respondent The party who answers an appeal; appellee. rest A party is said to "rest" or "rest his case" when he has presented all the evidence he intends to offer. rule nisi, or rule to show cause A court order obtained on motion by either party to show cause why the particular relief sought should not be granted. S search and seizure, reasonable In general, an examination without authority of law of one's premises or person with a view to discovering stolen contraband or illicit property or some evidence of guilt to be used in prosecuting a crime. search warrant An order in writing, issued by a justice or magistrate, in the name of the state, directing an officer to search a specified house or other premises for stolen property. Usually required as a condition precedent to a legal search and seizure. self-defense The protection of one's person or property against some injury attempted by another. The law of "self-defense" justifies an act done in the reasonable belief of immediate danger. When acting in justifiable self-defense, a person may not be punished criminally nor held responsible for civil damages. sentence The judgment in a criminal action, following a verdict or a plea of guilty. separation of witnesses An order of the court requiring all witnesses to remain outside the courtroom until each is called to testify, except the plaintiff or defendant. sequestration of witnesses A court order requiring all witnesses to remain outside the courtroom until each is called to testify. servant An employee or one who acts for another.

service of process Official notification that a person has been named a party to a lawsuit or has been accused of some offense. settlement The agreement reached between disputing parties, usually granting compensation to one of the parties. sine qua non An indispensable requisite. slander Base and defamatory spoken words tending to harm another's reputation, business or means of livelihood. Both "libel" and "slander" are methods of defamation, the former being expressed by print, writings, pictures or signs; the latter orally. sovereign immunity The doctrine that a government or governmental agency cannot be sued without the consent of legislation. specific performance A mandatory order in equity. Where damages would be inadequate compensation for the breach of a contract, the contractor will be compelled to perform specifically what he has agreed to do. stare decisis The doctrine that when a court has once laid down a principle of law as applicable to a certain set of facts, it will adhere to that principle and apply it to future cases where the facts are substantially the same. statute The written law in contradistinction to the unwritten law. stay A stopping or arresting of a judicial proceeding by order of the court. stipulation An agreement by attorneys on opposite sides of a case as to any matter pertaining to the proceedings or trial. subpoena A process to cause a witness to appear and give testimony before a court or magistrate. subpoena duces tecum A process by which the court commands a witness to produce certain documents or records in a trial. substantive law The law dealing with rights, duties and liabilities, as distinguished from adjective law, which is the law regulating procedure.

summons A writ directing the sheriff or other officer to notify the named person that an action has been commenced against him in court and that he is required to appear, on the day named, and answer the complaint in such action. suppression hearing A hearing caused by a defense motion to prohibit the use of evidence alleged to have violated, when obtained, the defendant's rights. This hearing is held outside the presence of the jury, either prior to or at trial and the state has the burden of going forward with the evidence and establishing that the defendant's rights were not violated in the process of obtaining the evidence. Suppression hearings are held only in criminal cases. T testimony Evidence given by a competent witness under oath; as distinguished from evidence derived from writings and other sources. theft The fraudulent taking of personal property belonging to another. A wider term than larceny, generally including swindling and embezzlement. tort An injury or wrong committed, either with or without force, to the person or property of another. trespass A form of action seeking redress in money damages for any unlawful injury to a person, property or rights. trial de novo A new trial or retrial held in a higher court in which the whole case is gone into as if no trial had been held in a lower court.. U undue influence Whatever destroys free will and causes a person to do something he would not do if left to himself. unlawful detainer A detention of real estate without the consent of the owner or other person entitled to its possession. usury The taking of more for the use of money than the law allows.

V venue That particular county, city or geographical area in which a court with jurisdiction may hear and determine a case. verdict In practice, the formal and unanimous decision or finding made by a jury, reported to the court and accepted by it. W waiver of immunity A means authorized by statutes by which a witness, in advance of giving testimony or producing evidence, may renounce the fundamental right guaranteed by the Constitution that no person shall be compelled to be a witness against himself. warrant of arrest A writ issued by a magistrate, justice, or other competent authority, to a sheriff or other officer, requiring him to arrest a person therein named and bring him before the magistrate or court to answer to a specific charge. weight of evidence The balance or preponderance of evidence; the inclination of the greater amount of credible evidence, offered in a trial, to support one side of the issue rather than the other. with prejudice The term, as applied to judgment of dismissal, is as conclusive of rights of parties as if action had been prosecuted to final adjudication adverse to the plaintiff. without prejudice A dismissal "without prejudice" allows a new suit to be brought on the same cause of action. witness One who testifies to what he has seen, heard or otherwise observed. writ An order issuing from a court of justice and requiring the performance of a specified act, or giving authority and commission to have it done.