In the United States, certiorari is often used in the context of appeals to the Supreme Court. Probation -- A means of conditionally releasing an individual after trial. Petty Offense -- An offense the penalty for which does not exceed imprisonment for a period of three months or a fine of five hundred dollars. Appeal Bond -- A type of bond set by the court and filed by the appellant until the cause can be passed upon and disposed of by the superior court. Third Party Claim -- A defendant may cause a summons and complaint to be served upon a person not a party to the action who is or may be liable to the defendant for all or part of a plaintiffs claim against the defendant. Any attorney may object to a question asked of a witness on the stand or the admission of an exhibit if s/he feels that it does not follow a rule of evidence. Probable Cause -- Information given to a judicial officer that is sufficient in itself to warrant the issuance of a charging document. Generally, the standard time the police can hold you for is 24 hours until they will need to charge you with a criminal offence or release you. Limited Jurisdiction -- the authority over only particular types of cases, or cases under a prescribed amount in controversy, or seeking only certain types of relief, the District Court is a court of limited jurisdiction. When a case has been disposed, this means it has been closed. Central Repository -- The Criminal Justice Information System Central Repository of the Department of Public Safety and Correctional Services. Four good reasons to indulge in cryptocurrency! It is important to understand the process of . OFPP. Nunc Pro Tunc -- Now for then; phrase used when an order is issued on one date but is effective as if issued on an earlier date when it should have been issued. You must prove (or disprove if you are the defendant) what was alleged in the complaint. Accommodations - Assistance with special needs and interpreters. Certified Mail -- Mail deposited with the US Postal Service, with postage prepaid and return receipt requested. Oral Examination -- A request by plaintiff (judgment creditor) to discover the assets of a defendant (judgment debtor) after entry of judgment. Venue -- The geographical division in which an action or prosecution may be brought for trial. Bill of Particulars -- A demand by a defendant in writing, unless otherwise ordered by the court, seeking specific factual details about a civil complaint or criminal charge; in a criminal case, the purpose of the bill of particulars is to guard against the taking of an accused by surprise by limiting the scope of the proof. Word abbreviations are often used in the docket entry to save time and space In Forma Pauperis -- Frequently used by inmates filing papers to seek waiver of prepayment of filing fees in State courts. 1 attorney answer It just means that something happened in connection with his case on that date. Surety -- One who makes himself responsible for the defendants obligation to appear in court and agrees to pay money or do other acts in the event that the defendant does not appear. Removal -- Change of location (venue) of a case on the grounds that a party cannot receive a fair and impartial trial in the jurisdiction in which the action is pending. Consecutive Sentences -- Upon conviction of multiple counts/charges in one or more cases, sentences must be served one after the other, rather than at the same time (see: concurrent sentence). This is the lowest level in our automation hierarchy. What do judges say at the end of a trial? Motion -- A request to a court by one or more of the parties for a specific action in a case. Adjudication -- A judgment or decision of a court or jury regarding a case. The court record of a current proceeding is to be erased back to Key point 2, i.e., all pleadings after that (higher key point dates). Contempt of Court -- Failure to obey a court order. 1Password. Remand -- An action by the court that sends a case to another court or agency for further action. Mistrial -- A trial that has been terminated and declared void due to prejudicial error in the proceedings or other extraordinary circumstances. Wrongful Detainer -- (formerly known as Forcible Entry and Detainer) A proceeding for regaining possession from someone who has wrongfully taken or refused to surrender possession of property. Judgment review A procedure in which the trial court (usually the judge, if not available) is asked to correct an allegedly unlawful judgment or vary the judgment; Following the trial, the sentence may be reduced or remain the same, but may only be increased if the defendant leaves the courtroom at the time of the original sentencing. Once a case is officially over, it is removed from the court's docket. 2. in a civil action, failure to answer may result in entry of a judgment against that person. Immunity from Prosecution -- Protection from prosecution in exchange for testimony that might not otherwise by forthcoming. In a common law system, the opinions of the courts are the law by which all disputes are resolved. Pardon -- Relief from a conviction (full pardon) or from any further punishment imposed by a conviction (particular pardon) granted by an executive official (governor or president). What evidence is needed to be charged? Nolle Prosequi (Nol Pros) (Trans: to be unwilling to proceed) -- A formal motion in a case by the States Attorney, indicating that the charges will not be prosecuted. Bail Bondsman -- The authorized agent of a surety insurer. First Judges Case (1982) - SC held that consultation does not mean concurrence; Gave Primacy to Executive; Second Judges Case (1993) - Court reversed its earlier ruling by changing the meaning of consultation to concurrence. (See: Prosecutor on file) Appeal Review of a case in a higher court. Discovery ensures that both parties in the proceedings can: obtain proper advice on their chances of success; and. Summons -- A writ notifying the person named that an action has been filed against the person and Sua Sponte of her own free will; Often, when a judge does something without a party to a case asking him to. Bench -- Process issued by the court itself, or from the bench, for the attachment or arrest of a person. BetterCloud. Jury -- A group of 12 citizens assembled to hear evidence at trial and make a unanimous decision as to guilt or innocence beyond a reasonable doubt. It does not mean anything substantive. Statement of Charges -- A charging document, other than a citation, filed in District Court by a peace officer or by a judicial officer. Action -- All the steps by which a party seeks to enforce any right in a court or all the steps of a criminal prosecution. How long can you be detained without charges? A term used to describe evidence that may be considered by a jury or judge in civil and criminal cases. Sua Sponte of her own free will; Often, when a judge does something without a party to a case asking him to. (See: Prosecutor on file) True Copy Test A copy of a court document issued under the seal of the court clerk, but not certified. Appeal guarantee A type of bond determined by the court and filed by the complainant until the case can be referred and settled by the superior court. (Compare Probation). An office automation system is the tool that enables data to move from one system to another on its own without human intervention and inaccuracies. What does hold without bond mean in Maryland? Writ of Garnishment of Wages -- An order of court commanding that a portion of the defendants wages are deducted regularly and paid to the plaintiff to satisfy a judgment. Although judges may be addressed with other titles, the proper salutation for a judge is your honor in all cases, and by all people involved in the court system. (See: Counsel). Counsel -- A person who is admitted to practice in a court of law and gives legal advice. Respondent The alleged perpetrator in a domestic violence case. What is a DP case? Witness Someone who testifies to what they saw, heard or otherwise observed and who is not necessarily a party to the lawsuit. In the United States, the right to remain silent is designed to protect a person who is undergoing police questioning or trial. Alford Plea -- A special type of guilty plea by which the defendant does not admit guilt but concedes that the State has sufficient evidence to convict; normally made to avoid the threat of greater punishment. Collateral Security -- Any property or money pledged or given to guarantee bail. Examination in Aid of Enforcement of Judgment -- A request by plaintiff (judgment creditor) to discover the assets of a defendant (judgment debtor) after entry of judgment. (Compare Public, Sealed, or Confidential Record). 2. Emergency Evaluation -- Petition filed for issuance of an order by someone other than the subject for an emergency mental and/or physical evaluation that could result in involuntary admission to a facility. the other half being settling questions of fact, which is typically the duty of a jury, HOW DO I KNOW IF MY CASE WAS DISMISSED? Can someone be convicted without evidence? Justification A trial ordered by a person to appear in court and explain why a particular order, judgment or order should not be enforced. Incarceration -- Imprisonment; confinement in a jail or penitentiary. A party who fails to comply with a court order in a civil action. This is usually if you are suspected of more serious crimes such a murder. At the request of the prosecutor, the court may indefinitely postpone the hearing of an indictment by marking the indictment as stet on the indictment. What is a CR case sort? An attorney can assist you with evaluating the prosecutions case, any defenses that you might have, and any plea offer that might be made, so that you can decide whether to plea bargain or go to trial. Confessed Judgment -- An action seeking final judgment based upon a person agreeing, in advance, to the entry of judgment against them upon the occurrence or non-occurrence of an event, such as making a payment. (Compare Concurrent Jurisdiction). The ideal condition is to have 100% OA. The number 00010 is the number of the case. Line (Praecipe) (Trans: command) -- A written request by an attorney entering his/her appearance, for the client before the court. 13.35 Visual identification evidence that is exculpatory of the accused does not come within the definition of identification evidence in the Dictionary of the Evidence Act 1995 (NSW). Felony -- A serious criminal offense, punishable by imprisonment for more than one year or death. Presumption -- An inference of the truth or falsehood of a proposition or fact that stands until rebutted by evidence to the contrary. You can verify this by examining the court file, and determine the status of your motion to stay. Hearsay -- Evidence offered by a witness based on what others have said. This answer is being given for general informational purposes only and is not protected by the attorney-client privilege since this is a public forum. ABA Plea -- A guilty plea based on an agreement patterned on standards recommended by the American Bar Association (ABA); the defendant and the State present to the court, on the record, an agreement that incorporates a specific sentence bound by the terms relating to sentence and disposition. Procedural Law -- The method, established normally by rules, to be followed in a case; the formal steps in a judicial proceeding. Reconsiderations can be ordered in open and closed cases. District Court -- Lowest State trial court; a court of limited jurisdiction. Can remaining silent be used against you? Split Sentence -- A sentence imposing a fine and imprisonment with the imprisonment part suspended or imposing a period of imprisonment, part of which is suspended and a period of probation is imposed. (Compare Sealed, Shielded or Confidential Record). Order The decision of the court on an application, objection or other matter relating to a preliminary point or stage of the proceedings. Recuse -- A judges determination of the inappropriateness of his/her hearing a particular matter. However, decisions could be made at such hearings that alter the case's trajectory. Sen. Keith Regier, the proposal's sponsor, argued during a committee hearing Tuesday that the phrase "individual privacy" in the . Appellate Court of Maryland -- Marylands intermediate appellate court wherein review is ordinarily a matter of right. Affidavit -- A written statement the contents of which are affirmed to be true under the penalties of perjury. This means you will be held in the Detention Center pending your trial day and you may not be released since a bond has not been set. Indigent -- A person who is unable to afford the expense of a private counsel, payment of fines, and other related costs. Such a trial is not available to cases which are complicated and require a lengthy process of inquiry. At this hearing the court clerk will read out the list of offences the defendant has been charged with (the indictment) and asks the defendant to plead guilty or not guilty. Bifurcate -- To try issues separately, such as criminal responsibility and guilt in a criminal proceeding and liability and damages in a civil action. If your case is pending in Tarrant County, Texas, CN means consultation docket. Supplementary Proceedings -- Proceedings supplementary to an execution, directed to the discovery of a debtors property and the application of the property to the debt for which the execution is issued. The word "certiorari" comes from the Latin word "certiorare," which means "to make more certain." In legal terms, it refers to the process of obtaining more certain or definite information about a case, typically by having it reviewed by a higher court. Admission The voluntary acknowledgement of the existence of facts relevant to an opponent`s case. Can you be charged with a crime without knowing? The court may also order a fine as a condition of probation or supervised release. Res Gestae -- Things done; rule under which a remark made spontaneously and concurrently with an incident carries an inherent degree of credibility and is admissible because of its spontaneous nature (excited utterance); an exception to the hearsay rule. 347, 353.). What does to be spoken to mean in court? General Jurisdiction -- the unlimited authority over cases brought before the court to decide rights and grant remedies available under the law; circuit courts are courts of general jurisdiction. The significant role played by bitcoin for businesses! decided or ruled, as the court held that the contract was valid. See also: decision judgment ruling. U.S. Court of Appeals -- Federal appellate court having jurisdiction over actions decided in the U.S. District Court. Affiant -- The person who makes and signs an affidavit. (Also known as Reconsideration). Count -- A separate charge in a charging document or separate cause of action in a civil complaint. Writ of Habeas Corpus -- A court order compelling a Warden/Sheriff to bring a prisoner before a court at a specific date and time, most frequently to determine whether the prisoner is being held lawfully. What does it mean when a decision is held? ABA Plea An admission of guilt based on an agreement based on standards recommended by the American Bar Association (ABA); The accused and the State submit to the court, for the record, an agreement providing for a specific sentence bound by the sentencing and order provisions. If in a replevin action it is not possible to repossess the goods, the action will roll over into detinue. Information -- A charging document filed in a court by a States Attorney. U.S. District Court -- Federal trial court with general jurisdiction. Alford Plea A special type of admission of guilt in which the accused does not admit guilt but admits that the state has sufficient evidence to convict; Usually done to avoid the threat of a higher sentence. Exclusive Jurisdiction -- Jurisdiction held by only one court over the type of case. When reading a case you should be noting various pieces of information, in particular: the case name; the citation; the court deciding the case; what was the issue in the case; what decision did the court reach in the case; and how did the court arrive at its decision. Eviction -- Action taken to legally dispossess a person of land or property. One reason would be that a settlement has been reached and they no longer need your statement. (Compare Revision of Sentence). Suppress -- To stop, prohibit, prevent, subdue; with respect to evidence, to prevent its use by showing it was obtained illegally or is irrelevant. The guidelines have a separate table governing fine amounts for individuals (5E1.2) and . Crime -- A positive or negative act in violation of penal law; an offense against the state classified either as a felony or misdemeanor. (See confession) Custody case The type of proceedings in which the court determines which parent, other adult or authority should have physical control over a child. Lien -- A claim upon the real property of another for some debt; the property remains in the defendants possession. This could mean that someone is trying to establish paternity, which could lead to other hearings such as custody, parenting time, or support. (See: Attorney of Record). Terms of Use/Disclaimer. Judges consider relevant opinions in making their decisions. DP approach it's a case . Levy -- A setting aside of the defendants property made by the sheriff or constable; this property is placed in custody of law. Docket -- A list of the cases to be heard in the court; or a formal record of courts activity. Guide & File -- Tool developed by the Maryland Courts to help you complete court forms online. Civil cases involve conflicts between people or institutions such as businesses. Cross Claim -- A claim asserted between co-defendants or co-plaintiffs and in a case that relates to the subject of the original claim or counterclaim. A disregard of, or disobedience to, the rules or orders of a judicial body or an interruption of its proceedings by disorderly behavior or insolent language. Rebuttal -- The act of contradicting or overcoming the effect of a presumption or evidence. (Compare Public, Shielded, or Confidential Record). Modification -- (a change or alteration) An order changing the terms of a prior order of the Court. What does criminal assignment notice mean in Maryland? Electronic Surveillance -- Court-authorized interception by use of an electronic device of wire or oral communications; wiretapping; eavesdropping. Presentence Investigation Report (PSI) -- A confidential report ordered by the judge and produced by the division of parole and probation prior to sentencing, to provide background information (job, finances, family status, community ties, etc.) Circuit Court -- A trial court of general jurisdiction. What does Praecipe to satisfy judgment mean? Prayer for a Jury Trial -- Request of a defendant in certain cases to be tried by a jury. But whatever the meaning of "clear error" in this context, the Court . When anybody aggrieved with the notice issued by the lending Bank to the borrower u/s 13(4) of SARFAESI Act,2002 files an application before the DRT, it is called SARFAESI Application or S.A. It changed from CR to CRSCA because the county switched to electronic filing for lawyers. Service -- Delivery of a writ, notice, injunction, etc., by an authorized person, to a person who is thereby officially notified of some action or proceeding in which the person is concerned. An order entered by a judge suspending or postponing a proceeding or execution of an action before the Court. Crimes of Violence -- Maryland Law provides a definition for Crimes of Violence as they relate to mandatory sentences in certain crimes and crimes of violence relating to pistols and revolvers. Ex Parte -- On one side only, by or for one party; done for, in behalf of, or on the application of, one party only. Evidence -- All the means by which a matter of fact, the truth of which is submitted for investigation, is established or disproved. Posted on Dec 7, 2020 It just means that something happened in connection with his case on that date. Custody case The type of proceedings in which the court determines which parent, other adult or authority should have physical control over a child. Habeas Corpus (Trans: you have the body) -- A writ which brings a person before a court. A lawsuit that has already commenced in court may need to be continued until a problem or scheduling conflict is resolved. Petitioner -- The person requesting the court's help. In Banc Review -- A review of the trial courts rulings or judgment by a panel of three circuit court judges. In law, a question of law, also known as a point of law, is a question that must be answered by applying relevant legal principles to interpretation of the law. Information An indictment filed by a prosecutor in court. Enterprise level. Release of Lien -- The cancellation of record of a Declaration of Trust or other recorded security instrument given to secure a bail bond that has been discharged. Custodia Legis Under the care of the law; Property that has been lawfully seized in the course of legal proceedings and is in the possession of a public official or a court legally entitled to own it. Custody Case -- The type of proceeding in which the court determines which parent, other adult, or agency shall have physical control over a child. What Does Keypoint Mean in a Court Case - Saint-Bernard Mandate - The judgment rendered on the decision of a court of appeal. Public Record -- A record maintained in a government office, such as a court record, available for inspection by the general public.
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