A trial lawyer representing the government in a criminal case and the interests of the state in civil matters. In criminal cases, the prosecutor has the responsibility of deciding who and when to prosecute.
The act that caused an event to occur. A person generally is liable only if an injury was proximately caused by his or her action or by his or her failure to act when he or she had a duty to act.
A government lawyer who provides free legal defense services to a poor person accused of a crime.
To vacate or void a summons, subpoena, etc.
The opportunity to present rebuttal evidence after one's evidence has been subjected to cross-examination.
Land, buildings, and other improvements affixed to the land.
An accused person is entitled to acquittal if, in the minds of the jury, his or her guilt has not been proved beyond a "reasonable doubt"; the state of mind of jurors in which they cannot say they feel an abiding conviction as to the truth of the charge.
A phrase used to denote a hypothetical person who exercises qualities of attention, knowledge, intelligence, and judgment that society requires of its members for the protection of their own interest and the interests of others. Thus, the test of negligence is based on either a failure to do something that a reasonable person, guided by considerations that ordinarily regulate conduct, would do, or on the doing of something that a reasonable and prudent (wise) person would not do.
Evidence disproving other evidence previously given or reestablishing the credibility of challenged evidence.
The compilation of all the documents, evidence, and transcripts of oral proceedings in a case.
The process by which a judge is disqualified from hearing a case, on his or her own motion or upon the objection of either party.
To set right; to remedy; to compensate; to remove the causes of a grievance.
A person to whom the court refers a pending case to take testimony, hear the parties, and report back to the court. A referee is an officer with judicial powers who serves as an arm of the court.
Another hearing of a civil or criminal case by the same court in which the case was originally heard.
The opportunity for the side that opened the case to offer a limited response to evidence presented during the rebuttal by the opposing side.
To send a dispute back to the court where it was originally heard. Usually it is an appellate court that remands a case for proceedings in the trial court consistent with the appellate court's ruling.
Legal or judicial means by which a right or privilege is enforced or the violation of a right or privilege is prevented, redressed, or compensated.
The reduction by a judge of the damages awarded by a jury.
The transfer of a state case to federal court for trial; in civil cases, because the parties are from different states; in criminal and some civil cases, because there is a significant possibility that there could not be a fair trial in state court.
An action for the recovery of a possession that has been wrongfully taken.
The response by a party to charges raised in a pleading by the other party.
The person against whom an appeal is taken. See petitioner. 2. The person responding to a petition: the child in delinquency cases.
A party is said to rest or rest its case when it has presented all the evidence it intends to offer.
The act of giving the equivalent for any loss, damage or injury.
When a juvenile has been committed to the District of Columbia for a specified time (not longer than age 21) and his or her case must be reviewed by the judge periodically; he or she cannot be released from this status without judicial authorization.
Act of the client in employing the attorney or counsel, and also denotes the fee which the client pays when he or she retains the attorney to act for them.
A report to a judge by police on the implementation of an arrest or search warrant. Also, a report to a judge in reply to a subpoena, civil or criminal.
An action of a higher court in setting aside or revoking a lower court decision.
A procedural error during a trial or hearing sufficiently harmful to justify reversing the judgment of a lower court.
A hearing held so the judge can be updated on a youth’s progress in a program or under supervision.
A trust that the grantor may change or revoke.
To cancel or nullify a legal document.
Felonious taking of another's property, from his or her person or immediate presence and against his or her will, by means of force or fear. It differs from larceny.
Standards governing whether evidence in a civil or criminal case is admissible.
A written order issued by a judge that directs a law enforcement officer to search a specific area for a particular piece of evidence.
In bankruptcy proceedings, a debt is secured if the debtor gave the creditor a right to repossess the property or goods used as collateral.