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February 06, 2012
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Legal Terms and Definitions

 


Glossary of Legal Terms

 

Original jurisdiction
The court in which a matter must first be filed.

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.

Bail
In criminal cases, a sum of money posted by or on behalf of a defendant to guarantee his appearance in court after being released from jail

Citation
An order of the court requiring the appearance of a defendant on a particular day to answer to a particular charge.

Prejudicial error
Synonymous with "reversible error"; an error which warrants the appellate court in reversing the judgment before it.

Public defender
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

Instruction
A direction given by the judge to the jury concerning the law to be applied in the case.

Trial
A judicial examination of issues between parties to an action.

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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 Montana and nationwide:

Hacker Pleads Guilty to Illegally Accessing NY Times Network
DAVID N. KELLEY, the United States Attorney for the Southern District of New York, and PASQUALE D’AMURO, the Assistant Director in Charge of the Ne...
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Current State of Confidentiality Law
One expert has described the current law governing the confidentiality of health care information as a “crazy quilt of Federal and state constituti...
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Legal Terms

 


Today's Terms

Estate

Definition:
A collective term meaning all real and personal property owned by a person.

No-fault divorce

Definition:
A kind of divorce in which the parties need not cast blame on one another for the failure of the marriage.

Ex post facto

Definition:
After the fact, ordinarily used in reference to constitutional prohibition on ex post facto laws. For example, a person cannot be punished for conduct committed before a criminal law was enacted

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Topics Related to Lawyers:

  • Personal Injury Law
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