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A solemn pledge in attestation of the truth of a statement or in verification of a statement made.
A promise to tell the truth.
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An amendment to the Clayton Act which deals with price discrimination.
- Browse Related Terms: Bequeath, Bequests, Codicil, Disclaim, Ex dono, Lapsed gift, obinson-Patman Act, Self-incrimination, privilege against
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A thing said by the way, as language unnecessary to a decision or ruling on an issue not raised.
- Browse Related Terms: binding precedent, case law, Citators, Dictum (Pl. dicta), Dissent, Federal Reporters ("F.," "F.2d" or "F.3d"), Federal Supplement ("F. Supp."), Law, Moot, Obiter dictum, Official reports, Preliminary injunction, reporter, Reporters, Res adjudicata, United States Reports
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The process by which one party takes exception to some statement or procedure. An objection is either sustained (allowed) or overruled by the judge.
A protest by an attorney, challenging a statement or question made at trial. Common objections include an attorney “leading the witness” or a witness making a statement that is hearsay. Once an objection is made, the judge must decide whether to allow the question or statement.
- Browse Related Terms: Cross-examination, cross-examine, Deposition, Direct examination, Hearsay, Hostile witness, Impeachment, Leading question, Objection, Scilicet (Abbr. scil.), Sequestration of witnesses, statement, subpoena duces tecum, testimony, Waiver of immunity
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Tender of payment.
- Browse Related Terms: Federal Unemployment Tax (FUTA tax), Oblatio, Social Security, Social Security Tax, Taxable income, Withholding
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A federal law designed to develop and promote occupational safety and health standards.
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The publication of cumulated court decisions of state or federal courts in advance sheets and bound volumes as provided by statutory authority.
- Browse Related Terms: binding precedent, case law, Citators, Dictum (Pl. dicta), Dissent, Federal Reporters ("F.," "F.2d" or "F.3d"), Federal Supplement ("F. Supp."), Law, Moot, Obiter dictum, Official reports, Preliminary injunction, reporter, Reporters, Res adjudicata, United States Reports
All > Law > Common Legal Terms
Release of a person from custody without the payment of any bail or posting of bond, upon the promise of the party to return to court.
- Browse Related Terms: A fortiori, affidavit, Affirmation, certification, Non assumpsit, Notary Public, Oath, On a person's own recognizance, Personal recognizance, Promisee, Promisor, Warranty
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Probandi The burden of proving.
- Browse Related Terms: Affirmative Defense, Allegation, Burden of proof, caption, Demurrer, Exonerate, Onus, Reply
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The initial statement made by attorneys or pro se litigant for each side, outlining the facts each intends to establish during the trial.
- Browse Related Terms: Appendix, Closing argument, Corroborating evidence, No Bill, Opening Statement, record, Rest, Summary judgment, Trial brief
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In the work quoted.
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All > Law > Common Legal Terms
A judge's written explanation of the decision of the court. Because a case may be heard by three or more judges in the court of appeals, the opinion in appellate decisions can take several forms. If all the judges completely agree on the result, one judge will write the opinion for all. If all the judges do not agree, the formal decision will be based upon the view of the majority, and one member of the majority will write the opinion. The judges who did not agree with the majority may write separately in dissenting or concurring opinions to present their views. A dissenting opinion disagrees with the majority opinion because of the reasoning and/or the principles of law the majority used to decide the case. A concurring opinion agrees with the decision of the majority opinion, but offers further comment or clarification or even an entirely different reason for reaching the same result. Only the majority opinion can serve as binding precedent in future cases. See also precedent.
A judge's written explanation of a decision of the court. In an appeal, multiple opinions may be written. The court’s ruling comes from a majority of judges and forms the majority opinion. A dissenting opinion disagrees with the majority because of the reasoning and/or the principles of law on which the decision is based. A concurring opinion agrees with the end result of the court but offers further comment possibly because they disagree with how the court reached its conclusion.
A judge's written explanation of a decision of the court or of a majority of judges. A dissenting opinion disagrees with the majority opinion because of the reasoning and/or the principles of law on which the decision is based. A concurring opinion agrees with the decision of the court but offers further comment. (A per curiam opinion is an unsigned opinion "of the court.")
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An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
An opportunity for lawyers to summarize their position before the court in an appeal and also to answer the judges' questions.
Presentation of an aspect of a case before a court by spoken argument; for example, at a motion calendar.
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1. Direction of a court or judge made in writing. 2. A mandate, command, or direction authoritatively given.
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A rule established by authority; may be a municipal statute of a city council, regulating such matters as zoning, building, safety, matters of municipality, etc.
- Browse Related Terms: Agreement, Antitrust acts, Clean air acts, Contra formam statuti, Malfeasance, Ordinance, Sherman Act, Sovereign Immunity, toll, Truth in lending, Usury
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A judge's decision not to allow an objection. Also, a decision by a higher court finding that a lower court decision was in error.
- Browse Related Terms: affirmed, Appeal, Appeal Bond, appellate, Appellate court, Certiorari, Harmless error, Overrule, Petitioner, remand, Reverse, Reversible error, United States Court of Military Appeals, uphold, writ of certiorari
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