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The reason underlying the law.
- Browse Related Terms: Constitutional law, Defense of property, Loose-leaf services, Occupational Safety and Health Act (OSHA), Per se doctrine, Primary authority, Probable cause, public law, Ratio legis, Recognizance, Restatement, Secondary authority
All > Law > Common Legal Terms
Opportunity to present rebuttal evidence after one's witness has been subjected to crossexamination.
- Browse Related Terms: Admissible evidence, Best evidence, circumstantial evidence, direct evidence, Exclusionary Rule, exculpatory evidence, Exhibit, Immunity, Impeachment of a witness, Inadmissible, Parol evidence, Prima facie case, Re-direct examination, Rebut, Rejoinder, Suppress
All > Law > Common Legal Terms
Land, buildings, and whatever is attached or affixed to the land. Generally synonymous with the words "real estate."
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All > Law > Common Legal Terms
A person accused of a crime is entitled to acquittal if, in the minds of the jury, his or her guilt has not been proved beyond a "reasonable doubt;" i.e., when jurors cannot say they feel an abiding conviction as to the truth of the charge.
- Browse Related Terms: acquittal, Arraignment, beyond a reasonable doubt, Diversion, Extradition, In ambiguo, Mens rea, nolo contendere, Perjury, Plea, Plea bargaining, Probation, Reasonable doubt, Trial
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A phrase used to denote a hypothetical person who exercises qualities of attention, knowledge; intelligence, and judgment that society requires of its members for the protection of their own interest and the interests of others. Thus, the test of negligence is based on either a failure to do something that a reasonable person, guided by considerations that ordinarily regulate conduct, would do, or on the doing of something that a reasonable and prudent (wise) person would not do.
- Browse Related Terms: Accomplice, Aid and Abet, Assumption of risk, Comparative negligence, Consecutive sentences, Double jeopardy, Due process of law, entrapment, Equal Protection of the Law, Negligence, Proximate cause, Reasonable person, Tort
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Evidence disproving other evidence previously given or reestablishing the credibility of challenged evidence. See rejoinder.
- Browse Related Terms: Admissible evidence, Best evidence, circumstantial evidence, direct evidence, Exclusionary Rule, exculpatory evidence, Exhibit, Immunity, Impeachment of a witness, Inadmissible, Parol evidence, Prima facie case, Re-direct examination, Rebut, Rejoinder, Suppress
All > Law > Common Legal Terms
An obligation entered into before a court whereby the recognizor acknowledges that he will do a specific act required by law.
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All the documents and evidence plus transcripts of oral proceedings in a case.
A written account of all the acts and proceedings in a lawsuit.
A written account of the proceedings in a case, including all pleadings, evidence, and exhibits submitted in the course of the case.
- Browse Related Terms: Appendix, Closing argument, Corroborating evidence, No Bill, Opening Statement, record, Rest, Summary judgment, Trial brief
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All > Law > Common Legal Terms
The process by which a judge is disqualified from hearing a case, on his or her own motion or upon the objection of either party.
- Browse Related Terms: Ex proprio motu, Exceptions, Motion, Motion in, Oral argument, Post-trial, Recuse, Sua sponte, Sustain
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To set right; to remedy; to compensate; to remove the causes of a grievance.
- Browse Related Terms: Grantor, Living trust, Pour-Over will, Redress, Revocable trust, Settlor, Spendthrift trust, Support trust, Testamentary trust, Trust agreement or declaration, Vacate, Vivos
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A person to whom the court refers a pending case to take testimony, hear the parties, and report back to the court. A referee is an officer with judicial powers who serves as an arm of the court.
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Trademark with the words "Registered in the U.S. Patent and Trademark Office" or the letter "R" enclosed within a circle.
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Another hearing of a civil or criminal case by the same court in which the case was originally heard.
- Browse Related Terms: Action, Calendar, Decision, equitable, federal question, federal question jurisdiction, General Jurisdiction, Hearing, Jurisdiction, Jurisdiction, Personal, Jurisdiction, Subject Matter, Limited Jurisdiction, Referee, Rehearing, Removal, Strict liability, United States Court of Appeals, United States Court of Claims, United States Court of International Trade, United States District Courts, United States Marshals Service
All > Law > Common Legal Terms
Opportunity for the plaintiff/petitioner to offer limited response to evidence presented by the defendant/respondent. See rebut.
- Browse Related Terms: Admissible evidence, Best evidence, circumstantial evidence, direct evidence, Exclusionary Rule, exculpatory evidence, Exhibit, Immunity, Impeachment of a witness, Inadmissible, Parol evidence, Prima facie case, Re-direct examination, Rebut, Rejoinder, Suppress
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The act of an appellate court sending a case to a lower court for further proceedings.
To send a dispute back to the court where it was originally heard. Usually it is an appellate court that remands a case for proceedings in the trial court consistent with the appellate court's ruling.
When an appellate court sends a case back to a lower court for further proceedings. The lower court is often required to do something differently, but that does not always mean the court’s final decision will change
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All > Law > Common Legal Terms
Legal or judicial means by which a right or privilege is enforced or the violation of a right or privilege is prevented, redressed, or compensated.
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The reduction by a judge of the damages awarded by a jury.
- Browse Related Terms: Additur, Bailiff, bench trial, Challenge, chambers, charge to the jury, Charge, jury, evidence, Finding, Finis, grand jury, In camera, Instructions, jury instructions, Non-jury trial, petit jury (or trial jury), pretrial conference, Remittitur, Sequester, Sidebar, Verdict
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The transfer of a state case to federal court.
- Browse Related Terms: Action, Calendar, Decision, equitable, federal question, federal question jurisdiction, General Jurisdiction, Hearing, Jurisdiction, Jurisdiction, Personal, Jurisdiction, Subject Matter, Limited Jurisdiction, Referee, Rehearing, Removal, Strict liability, United States Court of Appeals, United States Court of Claims, United States Court of International Trade, United States District Courts, United States Marshals Service
All > Law > Common Legal Terms
Volumes which replace books and their pocket parts when the pocket parts cause the books to become too bulky.
- Browse Related Terms: Addendum (Pl. addenda), Advance sheets, Bound supplement, Digests, Encyclopedia, Key number system, Legal texts, Liber, Paper bound supplement, Pocket part, Replacement volumes, Treatise
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An action for the recovery of a possession that has been wrongfully taken.
- Browse Related Terms: Attachment, bankruptcy, claim, creditor, Debtor, Exempt property, Garnishment, Insolvent, replevin, Secured debts, Trustee, Unsecured debts, Voluntary bankruptcy, Writ of garnishment
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