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Accusatory instrument
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A written accusation filed with the court charging the defendant with one or more offenses.
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Acquittal
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The finding of not guilty.
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Adjournment
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A postponement of a criminal case.
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Appeal
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The act of seeking a higher court's review of a lower court's decision.
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Arraignment
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The court proceeding during which a person is informed of the charges against him or her.
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Arrest
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When an officer of the law takes a person into custody on probable cause with or without a warrant.
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Assistant District Attorney
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An attorney who acts on the behalf of the District Attorney.
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Bail and Bail Bonds
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Bail refers to "cash bail" or a "bail bond".
Cash bail means a sum of money, set by the court, posted by the defendant or
any other person, upon the condition that the money will be forfeited to the
state if the defendant does not comply with the directions of the court
requiring his or her attendance at the criminal proceeding.
Bail Bond is a form of bail and when this term is used in the Criminal Court
it almost always refers to a bail bond issued by a recognized insurance
company. It is a guarantee to the court by the insurance company that while
the defendant is at liberty as a result of the posting of the bail bond,
he or she will appear in court in the criminal action whenever his or her
attendance is required. If the defendant fails to appear as required, the
insurance company will pay to the Court the specified sum of money designated
by the court which set the bail.
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Bailiff
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The individual in the courtroom who helps the judge manage the evidence and maintain order in the courtroom.
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Bench Warrant
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A court order issued for
a defendant's arrest if he or she fails to appear for a court proceeding
other than an arraignment.
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Beyond a Reasonable Doubt
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A standard of proof required to convict a person of a crime. The jury has a high degree of certainty about the defendant's guilt, although they do not need to be 100% convinced.
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Burden of Proof
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A party's duty to prove a disputed fact.
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Capias
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A court order issued for a defendant's arrest if he or she fails to appear
for a court proceeding other than an arraignment.
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Capital Offense
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An offense that has death as a penalty.
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Certificate of Disposition
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An official court document that indicates the current status of a case or
its final disposition.
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Certification
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A decision made by a judge to try a juvenile in adult court.
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Charge
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The process of accusing the defendant of a crime.
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Circumstantial Evidence
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Facts or testimony not based upon actual personal knowledge or observation by which other unsubstantiated facts can be reasonably inferred.
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Civil Lawsuit
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A legal action brought by individuals, businesses, or agencies against other individuals, businesses, or agencies to obtain relief for injuries suffered, monetary losses, or physical injury, etc.
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Closing Argument or Statement
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A speech to the jury by the prosecutor and then by the defense to try to convince the jurors that the evidence proves his or her side of the case.
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Complaint
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A legal written document by an individual, business, or agency bringing a civil lawsuit stating the claims against the defendant. It is also the written document charging an alleged criminal defendant.
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Conviction
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When the court enters a plea of guilty or a finding of guilt by a jury or the Court.
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Crime Victim Assistance Fee
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A fee imposed upon conviction of a felony, misdemeanor, or violation.
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Decline
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The office of the District Attorney decides not to issue any criminal charges.
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Decree
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A final judgement or determination of a court.
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Default
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A default in an action occurs when a defendant fails to appear at the trial allowing the plaintiff to win.
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Defendant
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An individual, business, or agency sued in a civil case or accused in a criminal case.
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Discovery
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A legal process by which lawyers are entitled to find out information from their adversary in a pending case.
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Dismissal
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The charges or charges against the defendant are dismissed. There is no conviction.
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Disposition
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An official court document that indicates the current status of a case or
its final disposition.
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District Attorney
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Under State law, the prosecuting attorney who represents the State in each county.
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Docket
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A court reference number which identifies a criminal court case.
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Due Process
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The rights granted by the Fifth and Fourteenth Amendments to the U. S.
Constitution whereby a defendant in most court and administrative
proceedings must receive sufficient notice of the proceeding, to be
allowed to defend oneself in an orderly proceeding adapted to the nature
of the case, and that every person has the protectin of a day in court
and benefit of general law.
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Equal Protection
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This refers to the rights found in the U. S. Constitution that no person
or class of persons be denied the same protection of the laws which are
enjoyed by other persons or classes of persons in similar circumstances
in their lives, liberty, property, and in their pursuit of happiness.
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Evidence
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Testimony and exhibits introduced at a hearing or a trial.
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Exhibits
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Physical evidence introduced at a hearing or trial.
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Failure to Appear
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A court order issued for
a defendant's arrest if he or she fails to appear for a court proceeding
other than an arraignment.
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Felony
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An offense for which a sentence to a term of imprisonment in excess
of one year may be imposed. Jail sentences for misdemeanor and
violations or infractions are shorter.
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Finding
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The determination of a fact or law by a judge.
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Fine
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A sentence that requires the payment of money to the court.
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Fingerprints
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Reproductions of unique finger marks, which are used to identify people.
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Grand Jury
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A group of citizens who decide whether the prosecutor has enough
evidence to pursue felony, and sometimes misdemeanor, charges against
a person.
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Hearing
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A court proceeding where testimony is given, exhibits are reviewed,
and/or legal arguments are made to help a judge decide an issue in a case.
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Homicide
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The killing of one human by another. First degree, with premeditation, is the most serious.
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Immunity
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Freedom from or protection against penalty. An accused person may agree
to give testimony in return for immunity from prosecution.
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Imprisonment
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Placement of an individual in a jail or prison.
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Indictment
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A document containing the felony, and sometimes misdemeanor, charges
which were voted by the grand jury.
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Indigent
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A person found by the court to be unable to afford to hire a lawyer or
otherwise meet the expense of defending a criminal matter. If the
defendant is determined to be indigent, a defense counsel is appointed
by the court.
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Information
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A written accusation filed with the court charging the defendant with one or more offenses.
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Initial Appearance
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A defendant's first appearance in court. A judge will read the charges and
set bail. In felony cases and misdemeanors, the initial appearance is also
the arraignment where the defendant enters an initial plea of guilty or not guilty.
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Injunction
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An order by the court issued to prohibit certain future conduct.
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Insanity
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The inability to know what one is doing and to decide if the action is
right or wrong.
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Intake
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The step in juvenile process during which a decision is made to either detain
the juvenile at a detention facility or release to a parent or guardian.
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Irrelevant Facts
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Evidence that does not tend to prove or disprove any issue of fact
involved in a case.
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Judgement
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The official decision of the court
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Jurisdiction
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The power to hear and determine a case.
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Jury
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A group of citizens that decided the outcome of a civil case, or decides
the guilt or innocence of the defendant in a criminal case. In a felony
case the jury wil consist of 12 persons. In a misdemeanor or civil case
the jury consists of 6 persons. In a criminal case the jury must reach
a unanimous verdict.
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Leading Questions
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A question which instructs the witness how to answer, puts words into the
witness's mouth or otherwise suggests the desired answer.
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Miranda Warning
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After being arrested and before any questioning all persons must be
warned that:
- they have the right to remain silent,
- any statement they make may be used as evidence against them,
- they have the right to the presence of an attorney, and
- if they cannot afford an attorney, one will be appointed for them
prior to any questioning if they so desire.
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Misdemeanor
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A specific type of offense for which a person may be sentenced to more
than 15 days but not more than one year in jail.
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Motion
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A request made, by one of the parties to a criminal action, seeking some
sort of relief.
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No Information
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The charges or charges against the defendant are dismissed. There is no conviction.
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Notarize
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To attest or acknowledge.
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Notice to Appear (NTA)
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A written notice given by a police officer to a person arrested,
requiring him/her to appear in court at a later date for arraignment.
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Offense
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Conduct for which a person may be sentenced to a fine or jail. This is a
very broad term and includes felonies, misdemeanors, violations, and
infractions.
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Order of Protection
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A court order setting forth conditions of behavior which must be complied
with by one of the parties in a criminal action. Usually the complainant
requests the order and the defendant must abide by the conditions set
forth therein.
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Parole
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To release a person from prison before his or her term is complete. Release
is often conditional on good behavior.
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Perjure
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To knowingly and willfully give false testimony under oath.
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Petitioner
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A person who starts a lawsuit. The party seeking to be paid for an injury
or his or her rights have been violated.
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Plea
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A person accused admits or denies commission of a crime by pleading
guilty (no contest) or not guilty. The accused can be convicted on
his/her plea of guilty (no contest).
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Plea Bargin
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An agreement between the defendant, a judge, and a prosecutor in which
the defendant admits guilt, usually in exchange for a promise that a
particular sentence will be imposed.
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Plead Guilty (guilty plea)"
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When defendant admits to having committed a charged offense.
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Preponderance of Evidence
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The standard of proof which requires that the majority of the evidence
to prove the case.
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Pre-sentence Investigation
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The procedure following conviction during which the defendant's criminal
history is investigated.
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Pre-trial Hearing
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A court procedure during which the issues to be tried are narrowed and
certain facts and admissions are agreed upon in order to speed up the trial.
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Probable Cause
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A strong belief, based upon facts, that a crime has been committed, that
a particular person has committed the crime, and that the evidence related
to that crime exists.
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Probation
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The process of suspending a sentence which permits a person to remain
free under the supervision of a probation officer instead of serving time
in prison.
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Prosecutor
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A lawyer who represents the government in criminal cases, also known as
the Assistant District Attorney or A.D.A., the People, or the Prosecution.
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Public Defender
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An attorney paid by the county, state, or federal government reponsible for
providing representation to indigent defendants in criminal prosecutions
when the courts determine the defendant cannot afford to hire a private
attorney.
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Rehabilitate
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To permanently change behavior.
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Release on Recognizance (ROR)
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To be released from custody without bail while a case is pending.
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Relevant
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Directly related to the issue as it tends to either prove or disprove the point.
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Respondent
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Person who answers a petition or lawsuit.
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Restitution
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The sentence often used instead of a fine or imprisonment, designed to
restore the victim to his or her condition before the crime.
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Sentence
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A punishment prescribed by law and imposed by a judge following a
conviction. This can be time to be served in a jail or prison and fines,
probation, restitution, and community service.
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Settlement
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An agreement between the defendant and plaintiff in a civil case
prior to trial.
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Standard of Proof
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The burden of proof required in a particular type of case.
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State
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The party in a criminal trial which represents the public.
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State Attorney
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Under State law, the prosecuting attorney who represents the State in each County.
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Status Offense
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A class of crimes that concerns the accused's characteristics; for
example: truancy only applies to minors.
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Statutory Law
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A law enacted by a legislature.
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Stipulation
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A written or oral agreement between attorneys or parties concerning some
phase of a lawsuit.
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Subpoena
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An order compelling a witness to appear and give testimony before a court.
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Substantiated Facts
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The facts which have been verified.
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Summons
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A written notice requiring a defendant to appear before the court for
arraignment on an underlying accusatory instrument.
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Suspended Sentence
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If certain conditions are met, a jail or prison sentence need not be
served. The sentence is then suspended by the court.
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Testify or Testimony
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To speak under oath.
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Traffic infraction
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A violation of the Traffic Law that has not been classified a misdemeanor
or felony. It is considered a civil offense.
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Trial
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A court proceeding during which a judge or jury decides whether a person
is guilty or not guilty of the charges against him or her.
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Unlawful Detainer
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A legal action between a landlord and a tenant concerning the right to
occupy the premises.
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Violation
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An offense for which a person may be sentenced to no more than 15 days
in jail.
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Warrant
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A sanction or authorization. For example, an arrest warrant authorizes a
police officer to take an individual into custody
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