Pre-Sentence Investigation - A background investigation of the defendant by the Department of Corrections, returnable to the sentencing judge on or before a certain date. Emancipation: The release of a youth from the legal authority and scheduled for a specific date and time; the civil and family court docket. A way to discharge a claim whereby the parties agree to give and accept something in settlement of the claim that will replace the terms of the parties original agreement. Competency to Stand Trial - In order to be competent to stand trial, a person must have the capacity to understand the nature and object of the proceedings, to consult with counsel, and to assist in preparing his/her defense. Verdict - The findings of a judge or jury at the end of the trial. legal papers. Moving Party: The person making the request to Reply - The response by a party to charges raised in a pleading by the other party. support orders, if requested. imprisonment of more than of one year. bondpersonssignature as collateral before releasing the defendant back into Conciliation is similar to mediation, but it may be less formal. contest. Witness statements and expert reports: written statements made by witnesses including expert reports, which are produced in the proceedings as evidence. the truth." person. applied to people 16 years of age and older, who have been convicted of a The elements of this tort are: (1) initiation of judicial proceedings against the plaintiff by the defendant; (2) an act by the defendant in the use of process that would not be proper in the regular prosecution of the claim; (3) a primary motive by the defendant in misusing the process to achieve an illegitimate end; and (4) damages. Any request to a court or action by a judge after a judgment in a case. Found inside Page 1010COURT MAY RESENTENCE TO CONSECUTIVE TERMS IF PRIOR CONCURRENT SENTENCES WERE ILLEGAL sentence ' at any time extends only to the but that the portion of the sentences which ordered that they run concurrently was legal and severable . Examination The questioning of a witness under oath. Appellate Court - A court having jurisdiction to hear appeals and review a trial courts decision. C. capital offense - A crime punishable by death. Many of the guides to legal research and writing include a discussion of student briefs, appellate briefs and other types of legal memoranda used by practicing attorneys. Where a crime is committed by two people, both may be charged on one complaint. reviewed at least every fifteen days. Sentencing in court is that stage of a criminal trial when the defendant is informed of the sentence for their charges. warrant used to get a person physically into court to respond to a specific Clemency or Executive Clemency - Act of grace or mercy by the president or governor to ease the consequences of a criminal act, accusation, or conviction. Appellant: The party appealing a decision or judgment This book presents an in-depth comparative study of sentencing practice for rape in six common law jurisdictions: England and Wales, Scotland, Ireland, Canada, New Zealand, and South Africa. No proof is required to show that the defendant was under the influence since the law concludes that driving with a blood alcohol content (BAC) of .08 or greater is driving while intoxicated. live separately. Defamation - That which tends to injure a persons reputation. Leading questions may be asked only of adverse witnesses and on cross-examination. In Maryland, there are two ways a felony can be charged in the circuit court: criminal information and grand jury indictment. for hearing. is issued to an individual charged or other party on a petition or Suspended drivers for DUI face minimum jail sentences. Appeals. Adversary: The opponent in a case or the other partyto a case. attorney appointed by the Chief Justice to hear any civil non-jury case court clerk assigns to a case. record of the court hearing for a fee, if requested, from audiotapes made Continuance Date: Date on which the case will next be and settlement. A background investigation conducted by a probation officer Wage Property Bond - A signature bond secured by mortgage or real property. months. An item-by-item, paragraph-by-paragraph response to points made in a complaint; part of the pleadings. of a juvenile probation officer. A court order describing the conditions under which two married people will It derives legal principles from the statements by judges in their written opinions, rather than from statutes enacted by legislative bodies. Escheat - The process by which a deceased persons property goes to the state if no heir can be found. Equity and law courts are now merged in NM. The punishment ordered by a court for a defendant convicted of a crime. a case. Damages: Money a party receives as Alimony: A review decision can increase or decrease the sentence. In arbitration there is a hearing at which both parties have an opportunity to be heard. Guardianship - Legal right given to a person to be responsible for the food, housing, health care, and other necessities of a person deemed incapable of providing these necessities for himself/herself.
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