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July 20, 2010
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Legal Terms and Definitions

 


Glossary of Legal Terms

 

Motion
A formal request presented to a court.

Recognizance
The continued, habitual or compulsive commission of law violations after first having been convicted of prior offenses.

Impanel
To seat a jury. When voir dire is finished and both sides have exercised their challenges, the jury is impaneled. The jurors are sworn in and the trial is ready to proceed.

Eschea
In American law, the right of the state to an estate left vacant, to which no one makes a valid claim. Property of a decedent who had no will and no heir’s escheats to the state.

Intestate
The status of a person who dies without leaving a will.

Trust
A transaction in which the owner of real property or personal property (the trustor or settlor) gives ownership to a trustee, to hold and to manage it for the benefit of a third party, called the "beneficiary."

presentment
In felony cases, the first appearance before a judge at which the defendant is formally notified of the charges and a date is set for a preliminary hearing. No plea is entered at this stage. If, after the preliminary hearing, the case is bound over to the District Court, the defendant will enter a plea during arraignment in District Court. (Presentment is often incorrectly called arraignment.)

Deposition
The taking of testimony of a witness under oath outside of court, usually transcribed in writing by a court reporter, or less frequently, recorded on videotape.

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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 Salem and nationwide:

SEC Votes to Adopt Changes to Disclosure Requirements
Washington, D.C., July 26, 2006 - The Securities and Exchange Commission today voted to adopt changes to the rules requiring disclosure of executiv...
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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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Hurricane Katrina Fraud: Do You Pass The Test?

Many cases have resulted in charges and convictions. Three recent examples: On January 30, a Florida con artist who claimed he was a pilot...

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Legal Terms

 


Today's Terms

Defamation

Definition:
The making of false, derogatory statements about a person's character, morals, abilities, business practices or financial status. (Includes libel, which is written, and slander, which is spoken).

Sentence

Definition:
An order issued by a judge or magistrate commanding a sheriff, constable, or other officer to search a specified location.

Contempt of court

Definition:
Any act involving disrespect to the court or failure to obey its rules or orders. Contempt of court carries a maximum of 30 days in jail.

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