Legal Terms and Definitions

Glossary of Legal Terms

Witness One who testifies under oath to what he/she has seen, heard or otherwise observed. Et seq An abbreviation for et sequentes, or et sequentia, "and the following," ordinarily used in referring to a section of statutes. Estoppel A person's own act, or acceptance of facts, which preclude later claims to the contrary. Common law General provisions of law existing before codification or interpretation by courts. Peremptory challenge Each party to a suit tried to a jury has the right to peremptorily "challenge" (reject) a certain number of prospective jurors without giving a reason. By contrast, the parties have unlimited rights to challenge jurors for good cause, but the judge must approve "for cause challenges." Parties may not exercise peremptory challenges on the basis of race or gender. Diversion Procedures for handling relatively insignificant juvenile problems informally, without referral to Juvenile Court. In criminal cases, the formal continuance of a case for a certain length of time, usually a year, with the goal of dismissal if the defendant meets certain conditions. Forfeiture The concept of forfeiture is used in a variety of settings in the legal system. For example, property such as an automobile or house that is used in the commission of a crime i.e., selling a controlled substance, may be forfeited to the state in a civil proceeding. Beyond a reasonable doubt Entirely convinced; in a criminal case the defendant's guilt must be proven to the jury to this extent. This is the highest burden of proof any party has in any proceeding

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	Did You Know?
	The mediation process may vary depending on the mediator. Generally, mediations commence with a general session with all parties, counsel and the mediator. At the general session, there will be a discussion of the case, the issues on appeal and other matters important to settlement. Then the mediator will meet separately with each party and their counsel in separate "caucuses." In these separate sessions, the mediator will seek to foster negotiations between the parties and develop agreement.