Glossary

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Term Definition
Negligence

Failure to exercise the degree of care that a reasonable person would exercise under the same circumstances.

Next friend

One acting without formal appointment as guardian for the benefit of an infant, a person of unsound mind not judicially declared incompetent, or other person under some disability.

No information

Document which states no formal charge will be filed by the State Attorney.

No probable cause

Insufficient grounds to hold the person who was arrested.

No true bill

A finding by a grand jury that there is no probable cause to decide that a crime has been committed.

No-contest clause

Language in a will that provides that a person who makes a legal challenge to the will's validity will be disinherited.

No-fault proceedings

A civil case in which parties may resolve their dispute without a formal finding of error or fault .

Nolle prosequi

The State Attorney declines to prosecute but may still initiate prosecution within one year.

Nolo contendere

A person neither admits nor denies the charges, letting them stand as is.

Non-jury trial

A case tried by a judge.

Notice

Formal notification to the party that has been sued in a civil case of the fact that the lawsuit has been filed. Also, any form of notification of a legal proceeding.

Nunc pro tunc

An entry made now for an act done previously and to have the effect as if it were done on a prior date.

Nuncupative will

An oral (unwritten) will.

Oath of indigency and order appointing counsel

A document signed by the defendant under oath before the judge, stating he or she is without funds to retain an attorney. The judge may then declare the defendant insolvent and sign an order appointing counsel.

Oaths

Sworn attestations required in court, usually administered by the in-court clerk.

Objection

The process by which one party takes exception to some statement or procedure. An objection is either sustained (allowed) or overruled by the judge.

On a person's own recognizance

Release of a person from custody without the payment of any bail or posting of bond, upon the promise to return to court.

Opening statement

The initial statement made by attorneys for each side, outlining the facts each intends to establish during the trial.

Opinion

A judge's written explanation of a decision of the court or of a majority of judges. A dissenting opinion disagrees with the majority opinion because of the reasoning and/or the principles of law on which the decision is based. A concurring opinion agrees with the decision of the court but offers further comment. A per curiam opinion is an unsigned opinion ''of the court.''

Oral argument

An oppoirtunity for lawyers to summarize their positions before the court and also to answer the judges' questions.