Legal Terms and Definitions

Glossary of Legal Terms

Appellate jurisdiction The appellate court has the right to review and revise the lower court decision. Liability A legal responsibility, obligation, or debt. 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 Defendant The accused in a criminal case; the person from whom money or other recovery is sought in a civil case. Fiduciary A person who has assumed a special relationship to another person or another person's property, such as a trustee, administrator, executor, lawyer, or guardian. The fiduciary must exercise the highest degree of care to maintain and preserve the person's rights and/or property, which are within his/her charge Certification Generally used to refer to the process of transferring a minor's case from the Juvenile Court to the adult court for trial. Usually reserved for capital or first-degree felonies or for chronic offenders. Reasonable doubt What for what; something for something; giving one valuable thing for another. Search and seizure, unreasonable The closure of court records to inspection, except to the parties.

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	Did You Know?
	The mediation process may vary depending on the mediator. Generally, mediations commence with a general session with all parties, counsel and the mediator. At the general session, there will be a discussion of the case, the issues on appeal and other matters important to settlement. Then the mediator will meet separately with each party and their counsel in separate "caucuses." In these separate sessions, the mediator will seek to foster negotiations between the parties and develop agreement.