Legal Terms and Definitions

Glossary of Legal Terms

Adversary system The system of trial practice in the United States and some other countries in which each of the opposing, or adversary, parties has the opportunity to present and establish opposing contentions before the court Court reporter A court official who records testimony and arguments, and transcribes it into a permanent record of all court proceedings. Civil case A lawsuit brought to enforce, redress, or protect private rights or to gain payment for a wrong done to a person or party by another person or party. In general, all types of actions other than criminal proceedings. Forcible entry and detainer Ordinarily refers to a summary proceeding for restoring possession of land to one who has been wrongfully deprived of possession Trust A transaction in which the owner of real property or personal property (the trustor or settlor) gives ownership to a trustee, to hold and to manage it for the benefit of a third party, called the "beneficiary." Plea-bargaining A process whereby the prosecutor and defense attorney negotiate a mutually satisfactory disposition of the case. The court and the defendant must approve of any settlements. For example, a guilty plea may be exchanged for a lesser charge or a sentencing recommendation, or for dismissal of one or more of the charges in multi-count information, or for dismissal of another case. Appellee The party against whom an appeal is taken Amicus curiae A friend of the court; a nonparty who interposes, with the permission of the court, and volunteers information upon some matter before the court.

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	Did You Know?
	Mediation may not be the most appropriate avenue for resolution in all cases. For example, it may not be appropriate in cases where: A definitive or authoritative resolution of the matter is required; The matter involves or may bear upon significant questions of Government policy that require additional procedures before a final resolution may be made; Maintaining established policies that apply to many people is especially important; The matter significantly affects persons or groups who are not parties to the process; A full public record of the proceeding is important; or The agency must maintain continuing jurisdiction over the matter with authority to alter the disposition of the matter in light of changed circumstances.