Glossary

Land, buildings, and other improvements affixed to the land.

An accused person is entitled to acquittal if, in the minds of the jury, his/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.

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.

Evidence disproving other evidence previously given or reestablishing the credibility of challenged evidence.

Court order recalling a warrant or capias.

All the documents and evidence plus transcripts of oral proceedings in a case.

A judge excusing himself/herself from a case.

Opportunity to present rebuttal evidence after one's evidence has been subjected to cross-examination. Referee - 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.

To set right; to remedy; to compensate; to remove the causes of a grievance.

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.

Release of a prisoner by a judge with no bond requirement.

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.

Release from a debt, penalty, or obligation.

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.

Transfer of a fugitive from the asylum state to the demanding state.

An action for the recovery of a possession that has been wrongfully taken.

In creditors' rights law, replevin, sometimes known as "claim and delivery," is a legal remedy for a person to recover goods unlawfully withheld from his or her possession, by means of a special form of legal process in which a court may require a defendant to return specific goods to the plaintiff at the outset of the action (i.e. before judgment). In other situations, a party seeking relief may elect to adjudicate the right to possession prior to obtaining immediate relief to obtain the property in question. In such cases, replevin actions are still designed to afford the petitioning party a relatively speedy process for obtaining judgment, as compared to typical lawsuits. The summary remedy afforded by replevin statutes can be thwarted by defendants who contest the claimant's right to possession, by contesting the plaintiff's complaint, and insisting on traditional litigation involving discovery, and in some cases, trial by jury. Replevin actions are often filed by secured creditors seeking to take possession of collateral securing loans or other debt instruments, such as retail installment contracts. A common example is where an automobile finance company initiates a replevin action to gain possession of a vehicle, following payment default. Replevin actions are usually employed when the lender cannot find the collateral, or cannot peacefully obtain it through self-help repossession. Replevin actions may also be pursued by true owners of property, e.g., consignors seeking return of consigned property that the party in possession will not relinquish for one reason or another.