Which Term Best Describes a Legal Resolution to a Dispute in the Criminal Justice System
Clear and convincing evidence – standard of proof commonly used in civil litigation and appeals by regulators. It regulates the amount of evidence that must be presented for the plaintiff to win the case. It represents a greater burden than the balance of proof but less than the criminal standard „beyond a reasonable doubt“. The obligation to prove the disputed facts. In civil cases, a plaintiff generally bears the burden of proving his or her case. In criminal cases, the government has the burden of proving the guilt of the accused. (See standard of proof.) The function of the federal courts that takes place at the beginning of criminal proceedings – after a person has been arrested and charged with a federal crime and before they appear in court. Pre-Investigation Service officials are focusing on investigating the background of these individuals in order to assist the court in deciding whether to release or detain them pending trial. The decision is based on the likelihood that these individuals will flee or pose a threat to the community.
If the court orders release, a pre-trial officer supervises the person in the community until the person returns to court. Notice – Formal notice to the sued party that a civil action has been brought. Also any form of notification of legal proceedings or submission of a document. A set of rules and principles established by the United States Sentencing Commission that trial judges use to determine the sentence of a convicted accused. A legal procedure to deal with the debt problems of individuals and companies; in particular, a case filed under one of the chapters of title 11 of the United States Code. A judgment is a decision or judgment of a court that is usually final, but may also relate to the process of resolution of a case or claim by the court or court system. It usually refers to the final judgment or statement in a case that determines the course of action in relation to the problem presented. Court – A governmental body empowered to settle disputes. Judges sometimes use the term „court“ to refer to themselves in the third person, as in „the court read the pleadings.“ All shares of ownership of the debtor at the time of bankruptcy. The estate technically becomes the temporary legal owner of all of the debtor`s assets. Acceptance – A clear message that the offer has been accepted. In the case of contracts controlled by the UCC, contracts for the sale of goods do not have to reflect the terms of the offer.
For other contracts, acceptance must reflect the terms of the offer, without omising, adding or modifying the terms. In other words, according to UCC, acceptance can change the terms of the offer without becoming a counteroffer. Immunity – A court grant that assures a person that they will not be prosecuted if they provide criminal evidence. Jury trial – a trial by a panel of persons chosen from among the citizens of a particular district and brought before the court where they have taken an oath to hear one or more questions of fact and decide them by their verdict. Affidavit of Bankruptcy – A detailed form signed under oath by the defendant certifying his need (inability to pay a private lawyer). Patent – A government grant that gives an inventor the exclusive right to manufacture or sell his or her invention for a period of several years. Criminal assessment – procedure in which traffic violators can send a fine (plead guilty by mail). Points may be awarded to the person`s driving record for criminal offences. Magistrate Judges – bailiffs who assist U.S. District Judges in preparing cases. You can decide certain criminal and civil cases if both parties agree that the case will be heard by a district judge instead of a district judge.
The legal system that originated in England and is now used in the United States is based on the articulation of legal principles in a historical succession of judicial decisions. Common law principles can be changed by statute. Escheat – The process by which a deceased person`s property goes to the state when no inheritance can be found. A court decision in a previous case with facts and points of law similar to a dispute currently pending in court. Judges generally „follow precedents,“ that is, they use principles established in previous cases to decide new cases that have similar facts and raise similar legal issues. A judge will disregard precedents if a party can prove that the previous case was ill-decided or that it differs significantly from the current case. Waiver of immunity – A means by which a witness may waive the right to refuse to testify against himself before testifying or testifying, thereby allowing his or her testimony to be used in future proceedings against him. Circumstantial evidence – All evidence except eyewitness testimony. Evidence from which a conclusion must be drawn. Examples include documents, photographs, and physical evidence such as fingerprints. Request for Quote – A formal legal proceeding in which one party asks another party to produce certain documents or other tangible elements. Defendant – in a civil action, the person against whom an appeal has been brought; in criminal proceedings, the person charged with the offence.
The glossary of legal terms defines more than 100 of the most common legal terms in easy-to-understand language. The terms are listed in alphabetical order and can be best accessed by selecting a letter here: Corpus Delicti – Body of Crime. Objective evidence that a criminal offence has been committed. It sometimes refers to the body of a homicide victim or the charred shell of a burned house, but the term has a broader meaning. In order for the state to confess or convict the accused, it must prove a corpus delicti, that is, the occurrence of a particular injury or loss and a criminal act as the cause of that particular harm or loss. Co-accused – More than one person arrested and charged with the same criminal incident. A term used to describe evidence that can be considered by a jury or judge in civil and criminal cases. Although the two most common forms of alternative dispute resolution are arbitration and mediation, a dispute is almost always attempted to resolve first. This is the most effective means of dispute resolution.
Negotiations allow the parties to meet to resolve a dispute. The main advantage of this form of dispute resolution is that it allows the parties to control the process and resolution themselves. Defendant – In civil proceedings, the person being sued. In criminal proceedings, the person charged with a criminal offence. Deferred Sentence – Sentence deferred to a later date. After sentencing, the judge does not pronounce or impose a sentence, but postpones the sentence to a later date so that the defendant meets certain conditions, such as attending driving school or a probationary period. If the person meets the conditions, the case is dismissed and does not form part of the defendant`s criminal record. Parenting Coordination (PI): A child-friendly process in which a trained and experienced psychiatrist or legal expert called a „parent coordinator“ helps high-conflict parents complete their parenting plan. With the prior consent of the parties and the court, the Education Coordinator may make decisions within the framework of the court order or appointment contract. The goal of parenting coordination is to help parents resolve conflicts about their children in a timely manner and to promote safe, healthy and meaningful parent-child relationships.
Mediation – A form of alternative dispute resolution in which the parties submit their dispute to a neutral third party who helps them find a solution. prose – Latin term meaning „on one`s own account“; In the courts, these are people who present their own cases without a lawyer. Geographical area in which a court has jurisdiction. A change of jurisdiction is a change or transfer of a case from one judicial district to another. Warrantless Search – The investigation of a person or place without first obtaining a warrant for arrest, which may be lawful in circumstances as limited as domestic violence, emergency, hot persecution, consent, or threat of immediate removal of prohibited products. Challenge for cause – An objection to the seat of a particular jury for a stated reason (usually bias or prejudice for or against one of the parties to the claim). It is at the discretion of the judge to dismiss the challenge. Differs from the mandatory challenge that he can normally exercise under the law. Retrial – A rehearing of a civil or criminal proceeding or an application by the same court where the matter was originally decided to alert the court to an error, omission or oversight in the initial review. Legal aid – Professional legal services generally available to individuals or organizations who cannot afford such services.