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66 Cards in this Set
- Front
- Back
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Maintenance
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A malicious, or at least, officious interference in a suit in which the offender has no interest, to assist one of the parties to it against the other, with money or advice to prosecute or defend the action, without any authority of law. 1 Russ. Cr. 176.
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Mandatory Sentence
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a court decision setting where judicial discretion is limited by law. Typically, people convicted of certain crimes must be punished with at least a minimum number of years in prison. Mandatory sentencing laws vary from country to country.
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Mediation
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a form of alternative dispute resolution (ADR), also refers to appropriate dispute resolution, and aims to assist two (or more) disputants in reaching an agreement.
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Minor
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A person who is legally underage; who has not yet attained the age of majority, and which are denied the ability to fully and freely contract.
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Misdemeanor
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(USA) A crime of lesser seriousness than a felony where the punishment might be a fine or prison for less than one year.
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Motion
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A proposal made to a Court or at a meeting and intended to be considered and decided upon.
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Motion for a Directed Verdict
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When the Court stops a trial determining that an essential fact has not been proven.
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Motion to Dismiss
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A motion to dismiss is a party’s request to a court to dismiss a case because of settlement, voluntary withdrawal, procedural defect or claim is one for which the law provides a remedy.
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Malpractice
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improper, illegal, or negligent professional activity or treatment, esp. by a medical practitioner, lawyer, or public official
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Marital Life Estate
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is, in the common law tradition of the U.S. and Great Britain, a life estate held by the spouse (husband or wife) or widowed spouse, for the duration of that spouse's life.
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Medical Directive
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are instructions given by individuals specifying what actions should be taken for their health in the event that they are no longer able to make decisions due to illness or incapacity
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Miranda Warning
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A requirement that police officers, in the U.S.A., before any questioning is so begun, warn suspects upon arrest that they have the right to remain silent, that any statement that they make could be used against them in a court of law, that they have the right to contact a lawyer and that if they cannot afford a lawyer, that one will be provided.
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Mitigating Factors
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Information about a defendant or the circumstances of a crime that might tend to lessen the sentence or the crime with which the person is charged.
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Motion for a New Trial
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a request made by the loser for the case to be tried again on the basis that there were significant legal errors in the way the trial was conducted and/or the jury or the judge sitting without a jury obviously came to an incorrect result.
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Motion for Summary Judgment
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a written request for a judgment in the moving party's favor before a lawsuit goes to trial and based on recorded (testimony outside court) affidavits (or declarations under penalty of perjury), depositions, admissions of fact, answers to written interrogatories (written questions), claiming that all factual and legal issues can be decided in the moving party's favor.
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Motion to Suppress Evidence
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A request to a judge to keep out evidence at a trial or hearing, often made when a party believes the evidence was unlawfully obtained.
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Named Plaintiffs
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"class plaintiff" or "class representative" is one of the small group of individual plaintiffs in a class action who are identified by name and who stand in for and represent the interests of the larger group of people who comprise the plaintiff class, subject to court approval.
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No Fault Insurance System
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is a term used to describe any type of insurance contract under which insureds are indemnified for losses by their own insurance company, regardless of fault in the incident generating losses.
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Non Exempt Employee
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Non-exempt employees receive hourly wages; they are subject to wage and hour laws, i.e. overtime pay; usually applies to non-professional employees.
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Notary Public
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A notary public is a public official who, depending on the state, has the power to acknowledge signatures, administer oaths and affirmations, take depositions and issue subpoenas in lawsuits.
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Negligence
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The failure to use reasonable care. The doing of something which a reasonably prudent person would not do, or the failure to do something which a reasonably prudent person would do under like circumstances. A departure from what an ordinary reasonable member of the community would do in the same community.
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No Fault Divorce
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A divorce in which it it doesn't matter who did what to whom that caused the marriage to break down; all that matters is that there is no reasonable prospect of reconciliation.
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Nonimmigrant Visa
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Visa granted to a foreigner who does not intend to stay in the U.S. permanently.
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Notice of Appeal
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The document a person must file with the trial court in order to pursue an appeal.
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Officers of a Corporation
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Those people with day-to-day responsibility for running the corporation, such as the chief executive, chief financial officer and treasurer.
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Own Recognizance
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Sometimes called personal recognizance. A person who promises to appear in court to answer criminal charges can sometimes be released from jail without having to pay bail. This person is said to be released on his or her own recognizance.
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Open Adoption
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An adoption in which the birth mother may retain some visitation privileges.
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Parens Patriae
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Lat. "parent of his country." Used when the government acts on behalf of a child or mentally ill person. Refers to the "state" as the guardian of minors and incompetent people.
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Parole
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Any form of release of an offender from imprisonment to the community by a releasing authority prior to the expiration of his sentence, subject to conditions imposed by the releasing authority and to its supervision, including a term of supervised release. 18 USC Congress has abolished parole for people convicted of federal crimes, but most states still offer parole.
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Partnership
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An association of two or more people who agree to share in the profits and losses of a business venture. The members of a partnership are called partners.
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Partition
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A court action to divide property. Typically taken when a property is jointly owned and a dispute arises about how to divide it.
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Patent
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A legal document issued by the United States to the inventor. The inventor, as the owner of the patent, has the right to exclude any other person from making, using, or selling the invention covered by the patent anywhere in the United States for 17 years from the date the patent was issued;
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Penalty Phase
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The second part of a bifurcated trial, in which the jury hears evidence and then votes on what penalty or damages to impose.
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Peremptory Challenges
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Limited number of challenges each side in a trial can use to eliminate potential jurors without stating a reason. May not be used to keep members of a particular race or sex off the jury.
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Personal Guardian
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Person appointed to take custody of children and provide for their care and upbringing. Distinguished from property guardian.
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Petition
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A written application to the court asking for specific action to be taken.
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Petty Offenses
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Minor crimes, such as traffic violations, which are generally punishable by a fine or short jail term.
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Piercing the Corporate Veil
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A legal concept through which a corporation's shareholders, who generally are shielded from liability for the corp's activities, can be held responsible for certain actions.
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Plea Bargain
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An negotiated agreement between the defense and the prosecution in a criminal case. Typically the defendant agrees to plead guilty to a specified charge in exchange for an oral promise of a lower sentence.
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Power of Attorney
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A "durable" power of attorney is a special kind of power of attorney. It usually must appoint a family member or relative and often is limited in the kinds of powers that can be assigned.
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Preliminary Hearing
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Legal proceeding used in some states in which a prosecutor presents evidence to a judge in an attempt to show that there is probable cause that a person committed a crime.
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Pre-sentencing Report
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A report prepared by a probation department for a judge to assist in sentencing. Typically contains information about prior convictions and arrests, work history and family details.
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Prima Fasciae
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A prima-facie case is a lawsuit that alleges facts adequate to prove the underlying conduct supporting the cause of action and thereby prevail.
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Pro Se
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Lat. "for himself" "on one's own behalf" A person who represents himself in court alone without the help of a lawyer is said to appear pro se. (2) Lat. for you lose. also pro per
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Probate
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The legal process in which a court oversees the distribution of property left in a will.
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Promissory Note
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A written document in which a borrower agrees (promises) to pay back money to a lender according to specified terms. A written promise to pay a certain sum of money, at a future time, unconditionally.
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Prosecutor
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The government lawyer who investigates and tries criminal cases. Typically known as a district attorney, state's attorney, or United States attorney.
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Public Defender
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lawyer who works for a state or local agency representing clients accused of a crime who cannot afford to pay.
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Pension Plan
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An employer's program for providing retirement income to eligible employees.
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Perjury
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When a person, having taken an oath before a competent tribunal, officer, or person, in any case in which a law of the U.S. authorizes an oath to be administered, that he will testify, declare, depose, or certify truly, or that any written testimony, declaration, deposition, or certificate by him subscribed, is true, willfully and contrary to such oath states or subscribes any material matter which he does not believe to be true; or in any declaration, certificate, verification, or statement under penalty of perjury, willfully subscribes as true any material matter which he does not believe to be true; 18 USC
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Petit Jury
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The ordinary trial jury of twelve persons whose duty it is to find facts as opposed to the grand jury whose duty it is to return an indictment.
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Petition for Probate
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The document that summarizes a will's provisions and names the heirs.
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Physical Custody
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In a divorce, one of two types of child custody. A parent who has physical custody lives most of the time with the child. Compare with legal custody.
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Plaintiff
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The person who initiates a lawsuit. The person who initiates a lawsuit by filing a complaint is called the plaintiff.
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Pleadings
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Written statements of the parties in a civil case of their positions.
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Precedent
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Legal principle, created by a court decision, which provides an example or authority for judges deciding similar issues later.
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Preponderance of Evidence
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The level of proof required to prevail in most civil cases. The judge or jury must be persuaded that the facts are more probably one way (the plaintiff's way) than another (the defendant's).
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Privileged Communication
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Conversation that takes places within the context of a protected relationship, such as that between an attorney and client, a husband and wife, a priest and penitent, and a doctor and patient. The law often protects against forced disclosure of such conversations
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Probable Cause
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A reasonable belief that a person has committed a crime.
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Probation
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The release into the community of a defendant who has been found guilty of a crime, typically under certain conditions, such as paying a fine, doing community service or attending a drug treatment program. Violation of the conditions can result in incarceration.
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Property Guardian
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Person appointed to oversee property left to a minor in a will. Distinguished from a personal guardian.
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Protective Order
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In litigation, an order that prevents the disclosure of sensitive information except to certain individuals under certain conditions. In a domestic dispute, an order that prevents one party from approaching another, often within a specified distance.
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Punitive Damages
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The purpose of punitive damages is to punish a defendant and to deter a defendant and others from committing similar acts in the future.
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Quash
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To overthrow or annul. To nullify, void or declare invalid as in quash a subpeona.
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Quid Pro Quo
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Lat. 'what for what' or 'something for something.' The concept of getting something of value in return for giving something of value.
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Quid Pro Quo Sexual Harassment
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Quid pro quo harassment is the most commonly recognized form of sexual harassment. It occurs when (1) job benefits, including employment, promotion, salary increases, shift or work assignments, performance expectations and other conditions of employment, are made contingent on the provision of sexual favors, usually to an employer, supervisor or agent of the employer who has the authority to make decisions about employment actions,
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