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July 20, 2010
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Legal Terms and Definitions

 


Glossary of Legal Terms

 

Burden of proof
The duty to establish a claim or allegation by admissible evidence. This is usually the duty of the plaintiff in a civil case and always is the duty of the state in a criminal case.

Complainant
Synonymous with "plaintiff," or, in criminal cases, the complaining witness.

Cross-claim
In a civil proceeding, if there are two or more defendants, one defendant can raise a claim against another defendant.

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

Deliberation
The jury's decision-making process after hearing the evidence and closing arguments and being given the court's instructions.

Injunction
A court order forbidding or requiring a certain action.

Amicus curiae
A friend of the court; a nonparty who interposes, with the permission of the court, and volunteers information upon some matter before the court.

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.

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Latest news about legal cases in Milwaukee and nationwide:

Florida Court Imposes Over $25M in Sanctions in Fraud Case
Washington, D.C.—The U.S. Commodity Futures Trading Commission (CFTC) announced today that, on May 19, 2006, the Honorable Daniel T. K. Hurley of t...
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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

Preliminary injunction

Definition:
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.

Et seq

Definition:
An abbreviation for et sequentes, or et sequentia, "and the following," ordinarily used in referring to a section of statutes.

Appellate court

Definition:
A court that hears appeals from a lower court

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