Legal Terms and Definitions

Glossary of Legal Terms

Res ipsa loquitur State laws requiring certain designated persons (physicians, nurses, teachers) to report to the authorities suspected cases of child abuse and injuries. Commit To send a person to prison or jail in criminal proceedings, or to another institution in civil cases by authority of a court. Proximate cause A court order following a judgment on the ground of neglect or abuse, whereby the child is permitted to remain in his home, and supervision and assistance to correct the neglect or abuse is provided by the probation department or other agency designated by the court. Writ A petition to a court for some extraordinary relief, such as asking the court to release a defendant from imprisonment. Restitution A party is said to "rest" or "rest his case" when he/she has presented all the evidence he/she intends to offer. Foster care A form of substitute care, usually in a home licensed by a public agency, for children whose welfare requires removal from their homes Extraordinary writ A writ, often issued by an appellate court, making available remedies not regularly within the powers of lower courts. They include writs of habeas corpus, mandamus, prohibition and quo warranto. Stipulation A certain time allowed by statute in which litigation must be brought. In criminal cases, prosecution is barred if not brought within the statute of limitations.

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	Did You Know?
	Mediation may not be the most appropriate avenue for resolution in all cases. For example, it may not be appropriate in cases where: A definitive or authoritative resolution of the matter is required; The matter involves or may bear upon significant questions of Government policy that require additional procedures before a final resolution may be made; Maintaining established policies that apply to many people is especially important; The matter significantly affects persons or groups who are not parties to the process; A full public record of the proceeding is important; or The agency must maintain continuing jurisdiction over the matter with authority to alter the disposition of the matter in light of changed circumstances.