Plea
The defendant's formal response to a criminal charge (guilty, not guilty, nolo contendere, not guilty by reason of insanity, and guilty and mentally ill).
Plea bargaining
A process whereby the prosecutor and defense attorney negotiate a mutually satisfactory disposition of the case. The court and the defendant must approve of any settlements.
Pleading
The formal allegation by the parties to a law suit with the intended purpose being to provide notice of what is to be expected at trial.
Pre-sentence report
An investigation conducted at the request of the court after a person has been found guilty of a crime. The purpose is to provide the court with extensive background information to determine the appropriate sentence.
Preliminary examination
The hearing available to a person charged with a felony to determine if there is enough evidence (probable cause) to hold him for trial.
Preliminary hearing
A probable cause hearing in Circuit Court which screens felony criminal cases by deciding whether there is enough evidence to warrant a trial in the District Court. If the judge determines there is sufficient evidence, the defendant is "bound over" for trial. The defendant may waive this hearing.
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.
Premeditation
Decision or plan to commit a crime before committing the crime.
Presentment (first appearance)
Every defendant enters a trial presumed to be innocent. This presumption remains until and unless the state overcomes the presumption by competent evidence of guilt.
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
Literally, "on its face. " A fact presumed to be true unless disproved by some other evidence. In a criminal case, when the prosecution rest, the state's case is said to be prima facie, if the evidence so far introduced is sufficient to convict.
Probable cause
A judicial finding that there exists reasonable grounds for belief that a person should be arrested or searched.
Proximate cause
In a civil tort action such as a medical malpractice suit, the plaintiff must show that an act or omission of the defendant was a proximate cause of the plaintiff's injury or loss. Similarly, in a criminal action, the state must prove beyond a reasonable doubt that the defendant's action was the direct cause of the crime.
Public defender
Lawyers regularly employed by the government to represent people accused of crimes who cannot afford to hire their own.
Punitive damages
Money awarded to an injured person, over and above the measurable value of the injury, in order to punish the person who hurt him.
Quantum meruit
Expression means "as much as he deserves," and describes the extent of liability on a contract implied by law.
Quash
To overthrow; to abate; to vacate
Quid pro quo
What for what; something for something; giving one valuable thing for another.
Ratification
The confirmation or adoption of a previous act done either by the party himself or by another.
Ratio decidendi
The ground or reason of the decision in a case.
Real evidence
Evidence given to explain, repel, counteract, or disprove facts -iven in evidence by the adverse party.
Reasonable doubt
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.
Rebuttal evidence
Evidence given to explain, repel, contradict, or disprove facts given in evidence by the adverse party.
Recidivism
The continued, habitual or compulsive commission of law violations after first having been convicted or prior offenses.
Recognizance
The practice which enables an accused awaiting trial to be released without posting any security other than a promise to appear before the court at the proper time. Failure to appear in court at the proper time is a separate crime.
Redirect examination
Follow cross-examination, and is conducted by the party who first examined the witness.
Referee
A person to whom a case pending in a court is referred by the court to take testimony, hear the parties and report thereon to the court. An officer exercising judicial powers and an arm of the court for a specific purpose.
Relevant
An order made by a court having competent jurisdiction. Rules of court are either general or special; the former are the regulations by which the practice of the court is governed, the latter are special orders made in particular cases.
Sanction
A hearing on a criminal defendant's motion to prohibit the prosecutor's use of evidence alleged to have been obtained in violation of the defendant's rights. This hearing is held outside of the presence of the jury, either prior to or at trial. The judge must rule as a matter of law on the motion.
Temporary restraining order
An order of a specified duration issued after a hearing attended by all parties that is intended to protect one individual from violence, abuse, harassment, or stalking by another esp. by prohibiting or restricting access or proximity to the protected party.
Unconscionability
An absence of meaningful choice on the part of one of the parties to a contract, and contract terms which are unreasonably favorable to the other party.
Undue influence
Whatever destroys free will and causes a person to do something he would not do if left to himself.
Unilateral
One-sided, ex parte or having a relation to only one of two or more persons or things.
Unjust enrichment, doctrine of
The principle that one person should not be permitted to unjustly enrich himself at the expense of another, but should be required to make restitution for the property or benefit received.
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 interest for the use of money than the law allows.
Venire
"To speak the truth. " The questioning of potential jurors by the judge and the lawyers to determine any biases, prejudices or other reasons for disqualification.
Waive
To give up a right or claim voluntarily.
Waiver of immunity
A means authorized by statutes by which a witness, in advance of giving testimony or producing evidence, may renounce the fundamental constitutional right that no person shall be compelled to be a witness against himself/herself.
Warrant
A written order issued and signed by a judge or magistrate which allows the police to search a place and seize specified items found there (search warrant), or to arrest or detain a specified person (arrest warrant).
Writ of execution
A writ to put in force the judgment or decree of a court.
Zoning
The division of a city by legislative regulation into districts, and the design of regulations having to do with structural and architectural design and use of buildings.