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Land, buildings, and other improvements affixed to the land.
The degree of care that a prudent or careful person would exercise under the same or similar circumstances.
An accused person is entitled to acquittal if, in the minds of the jury, his or her guilt has not been proved beyond a "reasonable doubt"; that state of minds of jurors in which they cannot say they feel an abiding conviction as to the truth of the charge.
The standard which a person must adhere to in order to avoid civil liability for negligence is the standard of the reasonable man under all of the circumstances, including the foreseeability of harm to other persons, including the plaintiff.
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.
Refute, defeat or take away the effect of an argument or assumption in a legal proceeding.
The official collection of all of the material filed with a court in a legal proceeding.
Generally, compensation or restriction of a right obtained as a result of the formal judgment or decree entered by a judge.
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.
A judge's withdrawal from hearing a lawsuit because of personal interest or prejudice.
Opportunity to present rebuttal evidence after one's evidence has been subjected to cross-examination.
To set right; to remedy; to compensate; to remove the causes of a grievance.
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.
Another hearing of a civil or criminal case by the same court in which the case was originally heard.
Opportunity for the side that opened the case to offer limited response to evidence presented during the rebuttal by the opposing side.
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.
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.
Relief that the plaintiff receives from the defendant in a lawsuit. Often this will include monetary damages or equitable relief (i.e. injunctions).
The reduction by a judge of the damages awarded by a jury.
The transfer of a state case to federal court for trial; in civil cases, because the parties are from different states; in criminal and some civil cases, because there is a significant possibility that there could not be a fair trial in state court.
An action for the recovery of a possession that has been wrongfully taken.
The response by a party to charges raised in a pleading by the other party.
The person against whom an appeal is taken. See petitioner.
A party is said to rest or rest its case when it has presented all the evidence it intends to offer.
Act of giving the equivalent for any loss, damage or injury.
Act of the client in employing the attorney or counsel, and also denotes the fee which the client pays when he or she retains the attorney to act for them.
A report to a judge by police on the implementation of an arrest or search warrant. Also, a report to a judge in reply to a subpoena, civil or criminal.
An action of a higher court in setting aside or revoking a lower court decision.
The setting aside of a lower court's decision by an appellate court.
A procedural error during a trial or hearing sufficiently harmful to justify reversing the judgment of a lower court.
A trust that the grantor may change or revoke.
To cancel or nullify a legal document.
Felonious taking of another's property, from his or her person or immediate presence and against his or her will, by means of force or fear. It differs from larceny.
Standards governing whether evidence in a civil or criminal case is admissible.
Broadly, a determination made by a judge.
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