Glossary

Form of discipline of a lawyer resulting in the loss (often permanently) of that lawyer's right to practice law. It differs from censure (an official reprimand or condemnation) and from suspension (a temporary loss of the right to practice law.)

A court order to release a bond.

To refuse a gift made in a will.

Termination of a lawsuit. A dismissal without prejudice allows a lawsuit to be brought before the court again at a later time. In contrast, a dismissal with prejudice prevents the lawsuit from being brought before a court in the future.

The sentencing or other final settlement of a case.

A report to the Department of Highway Safety & Motor Vehicles on the court adjudication in a traffic case.

To disagree. An appellate court opinion setting forth the minority view and outlining the disagreement of one or more judges with the decision of the majority.

The process of removing some minor criminal, traffic or juvenile cases from the full judicial process, on the condition that the accused undergo some sort of rehabilitation or make restitution for damages.

The Department of Corrections - state prison facility.

A list of cases to be heard by a court or a log containing brief entries of court proceedings.

The computer printout of chronological activity in a case.

The proceeding in which a judge assigns trial dates or takes pleas.

The place where a person has his/her permanent legal home. A person may have several residences, but only one domicile.

Putting a person on trial more than once for the same crime. It is forbidden by the Fifth Amendment to the U.S. Constitution.

The right of all persons to receive the guarantees and safeguards of the law and the judicial process. It includes such constitutional requirements as adequate notices, assistance of counsel, and the rights to remain silent, to a speedy and public trial, to an impartial jury and to confront and secure witnesses.

Specific factors that define a crime which the prosecution must prove beyond a reasonable doubt in order to obtain a conviction. The elements that must be proven are (1) that a crime has actually occurred, (2) that the accused intended the crime to happen, and (3) a timely relationship between the first two factors.

The power of the government to take private property for public use through condemnation.

All the judges of a court sitting together. Appellate courts can consist of a dozen or more judges, but often they hear cases in panels of three judges. If a case is heard or reheard by the full court, it is heard en banc.

An order by the court telling a person to stop performing a specific act.

A defense to criminal charges alleging that agents of the government induced a person to commit a crime he/she otherwise would not have committed.