Incompetency -- Lack of capacity to understand the nature and object of the proceedings, to consult with counsel, and to assist in preparing a defense. Indigent -- A person who is unable to afford the expense of a private counsel, payment of fines, and other related costs. Infraction Civil -- A violation of a statute, ordinance, or regulation for which the only penalty authorized is a civil fine.
In Forms Pauperis -- Frequently used by inmates filing papers to seek waiver of prepayment of filing fees in State courts. Initial Appearance -- The procedure by which an arrested defendant is promptly brought before a judicial officer who advises the defendant of the charges against him, his right to counsel, and his first day to appear in court and establishes conditions of pre-trial release. It also includes a probable cause determination on a warrantless arrest and advice of preliminary hearing in felony cases.
Insanity Plea -- A claim that the defendant lacks the soundness of mind required by law to accept responsibility for a criminal act. Interstate Detainer -- An arrest warrant issued on a charging document in another state and lodged with a correctional institution in Maryland in which the defendant is already detained to ensure continued detention of the defendant until delivered to the custody of the other state for prosecution on the pending charges.
Intrastate Detainer -- An arrest warrant issued on a charging document in Maryland and lodged with a correctional institution in Maryland in which the defendant is already in custody for the same or another offense to ensure continued detention of the defendant until processed on the charges underlying the warrant.
Jointly and Severally -- Acting together and separately; anyone so liable can sue or be sued with or without others joining in the action. Judge -- Can be a judge of any court in this state, but most often will be a judge of the court which issued the documents you have before you, or a judge of the court having jurisdiction over the matter before you. Judgment -- The final order of the court; in a criminal case, the conviction and sentence constitute the judgment, so there is no judgment until sentence is imposed.
Appellate Jurisdiction -- the authority that a higher court has to review cases decided in a lower court; the Maryland Court of Appeals, Court of Special Appeals, and circuit courts have appellate jurisdiction. General Jurisdiction -- the unlimited authority over cases brought before the court to decide rights and grant remedies available under the law; circuit courts are courts of general jurisdiction.
Limited Jurisdiction -- the authority over only particular types of cases, or cases under a prescribed amount in controversy, or seeking only certain types of relief, the District Court is a court of limited jurisdiction. Jury -- A group of 12 citizens assembled to hear evidence at trial and make a unanimous decision as to guilt or innocence beyond a reasonable doubt.
Jury Trial Prayer -- A case that was originally filed in the District Court, but for which a trial by jury in the Circuit Court is requested. Lesser Included Offense -- A crime composed of some, but not all, of the elements of a greater crime; commission of the greater crime automatically includes commission of the lesser included offense.
Marital Property -- The property, however titled, acquired by one or both parties during the marriage. Note: Marital Property does not include property acquired before the marriage; acquired by inheritance or gift from a third party; excluded by valid agreement; acquired during the period that the parties voluntarily lived separate and apart without cohabitation and without interruption; directly traceable to any of these sources.
Miranda Warning -- A requirement based on a United States Supreme Court decision that a person be advised of certain constitutional rights against self-incrimination at the time of arrest and before questioning.
Misdemeanor -- A minor criminal offense other than a felony or an infraction punishable by a fine, imprisonment, or both. Mistrial -- A trial that has been terminated and declared void due to prejudicial error in the proceedings or other extraordinary circumstances.
Modification -- a change or alteration An order changing the terms of a prior order of the Court. Modifications can be ordered in open and closed cases. Also known as Reconsideration. Nuisance -- An action that interferes with the use of property by being irritating, offensive, obstructive or dangerous.
Nulla Bona -- No goods; a return to a writ of execution when no goods of the defendant are found to levy. Nunc Pro Tunc -- Now for then; phrase used when an order is issued on one date but is effective as if issued on an earlier date when it should have been issued. Oral Examination -- A request by plaintiff judgment creditor to discover the assets of a defendant judgment debtor after entry of judgment. Also known as Examination in Aid of Enforcement of Judgment; formally known as Supplementary Proceeding in aid of enforcement of judgment.
Order -- A ruling of the court, on a motion, objection, or other matter relating to a preliminary point or some step in the proceedings. Pardon -- Relief from a conviction full pardon or from any further punishment imposed by a conviction particular pardon granted by an executive official governor or president.
Parole -- A conditional release from imprisonment by a parole board that entitles the defendant to serve the remainder of the sentence outside of the prison as long as all of the conditions of release are met.
Compare Probation. Peace Officer -- A person charged with the duty to enforce and preserve the public peace. See: Huger v. State, Md. Peace Order -- An emergency form of relief or an order available to individuals who are experiencing problems with another person, including someone in a dating relationship, a neighbor, or a stranger. Person -- Any individual, partnership, joint stock company, unincorporated association or society, municipal or other corporation, the State, its agencies or political subdivisions, or any other governmental entity.
Petty Offense -- An offense the penalty for which does not exceed imprisonment for a period of three months or a fine of five hundred dollars. Typically defendants enter one of the following pleas: guilty, not guilty, or nolo contendere.
Plea Agreement -- Agreement between the prosecutor and the defendant to exchange a plea of guilty or nolo contendere for reduction in the charge s or leniency in sentencing.
Pleadings -- The formal allegations by the parties of their respective claims and defenses for the judgment of the court; in criminal matters, this includes a charging document. Police Record -- All official records that a law enforcement unit, booking facility, or the Central Repository maintains about the arrest and detention of, or further proceeding against, a person for a criminal charge, a suspected violation of a criminal law, or a violation of the Transportation Article for which a term of imprisonment may be imposed.
Not included are investigatory files, police work-product records used solely for police investigation purposes, or records pertaining to nonincarcerable violations of the vehicle laws of the State or of any other traffic law, ordinance, or regulation.
Preliminary Hearing -- A hearing held in the District Court, unless waived by defendant, to determine whether there is probable cause to believe the defendant committed the offense s ; available when offense s charged are not within the exclusive jurisdiction of the District Court. Preliminary Inquiry -- Pre-trial hearing to determine that the defendant has received a copy of the charging document and under-stands the offenses with which he is charged and the penalties thereof.
The defendant is also advised of right to counsel, referred to the Public Defender, if eligible, and informed that further appearance in court without counsel is deemed to be a waiver of counsel. Presentence Investigation Report PSI -- A confidential report ordered by the judge and produced by the division of parole and probation prior to sentencing, to provide background information job, finances, family status, community ties, etc. Presumption -- An inference of the truth or falsehood of a proposition or fact that stands until rebutted by evidence to the contrary.
Private Process Server -- An adult private person, not a party to a case, used to deliver a summons, subpoena, or other court order. Probable Cause -- Information given to a judicial officer that is sufficient in itself to warrant the issuance of a charging document. Probation Before Judgment PBJ -- A conditional avoidance of imposition of sentence after conviction; failure to satisfy the terms and conditions may cause imposition of sentence after a finding of violation of probation.
Procedural Law -- The method, established normally by rules, to be followed in a case; the formal steps in a judicial proceeding. Process -- Any written order issued by a court to secure compliance with its commands or to require action by any person and includes a summons, subpoena, an order of publication, or a commission of other writ. Public Defender -- Counsel provided at public expense, primarily to defend indigent defendants in criminal cases.
Public Record -- A record maintained in a government office, such as a court record, available for inspection by the general public. Compare Sealed, Shielded or Confidential Record. Purge -- To cleanse or clear; eliminate inactive records from court files; with respect to a civil contempt, to curve the noncompliance that caused the contempt finding.
Quash -- To set aside or to make void; with respect to process, such as a summons or subpoena, to void on motion of the person served. Recall -- Cancellation by the court of a warrant before its execution by the arrest of the defendant. Reconsideration -- a change or alteration An order changing the terms of a prior order of the Court. Reconsiderations can be ordered in open and closed cases. Also known as Modification.
Record on Appeal -- The case file and its contents, together with a transcript of all proceedings in the lower court. Release of Lien -- The cancellation of record of a Declaration of Trust or other recorded security instrument given to secure a bail bond that has been discharged.
Remand -- An action by the court that sends a case to another court or agency for further action. Removal -- Change of location venue of a case on the grounds that a party cannot receive a fair and impartial trial in the jurisdiction in which the action is pending.
Replevin Trans: to make good, to satisfy -- To recover the possession of goods or property unlawfully taken or detained. Res Gestae -- Things done; rule under which a remark made spontaneously and concurrently with an incident carries an inherent degree of credibility and is admissible because of its spontaneous nature excited utterance ; an exception to the hearsay rule.
Likelihood of success on the merits is one of the factors considered by a court in determining whether to grant a preliminary injunction to a plaintiff. Because a preliminary injunction is an extraordinary remedy, this factors is important because it establishes that the plaintiff will probably win the case anyway.
The trial is a structured process where the facts of a case are presented to a jury , and they decide if the defendant is guilty or not guilty of the charge offered. During trial, the prosecutor uses witnesses and evidence to prove to the jury that the defendant committed the crime s.
In California criminal cases, a jury trial is where 12 members of the community are assembled to hear the evidence and decide whether or not a defendant is guilty of the crime or crimes with which he or she is charged. All persons accused of misdemeanors or felonies are entitled to a jury trial.
A criminal case is filed by the government and is led by a prosecuting attorney. A civil case is filed by a private party, typically an individual or corporation, against another individual or corporation. CR stands for criminal. CV stands for civil. Merits means advantages of a particular thing whereas demerits means the disadvantages of the thing. Thanks If you judge something or someone on merit or on their merits, your judgment is based on what you notice when you consider them, rather than on things that you know about them from other sources.
Want to learn more? The merits of something are its advantages or other good points. These issues merit special attention. His good work merits a raise. She did well enough to merit a second interview. The attention she received was not merited.
This is in opposition to cases whose decisions rest upon procedural grounds. Judgment on merits means a judgment based on the ultimate facts or state of facts disclosed by the pleadings and evidence upon which the right of recovery depends.
It amounts to a declaration as to the respective rights and duties of the parties. The main advantage of filing an appeal is that it gives the taxpayer a chance to resolve the case without the expense of litigation. A taxpayer or his representative may discuss and negotiate a case informally with the Appeals officer rather than in the stricter adversarial arena of a docketed case in Tax Court.
The Rule. Rule 50 a provides for a motion for judgment as a matter of law JMOL which may be made at any time before submission of the case to the jury. This was previously known as a motion for a directed verdict. A trial can last up to several weeks , but most straightforward cases will conclude within a few days. In a typical trial, lawyers on both sides will present their argument with supportive evidence and question witnesses.
The prosecution may dismiss charges, perhaps because of a lack of evidence. Sometimes prosecutors decide not to refile charges after a felony defendant prevails at the preliminary hearing. In a case of manslaughter, the offender is less culpable, since a killing is considered manslaughter when the defendant did not intend to kill but was grossly negligent.
Murder, on the other hand, involves an intent to kill and also an intent to cause grievous bodily harm that actually caused death. Prosecutorial misconduct: As its name implies, prosecutorial misconduct refers to conduct on behalf of a prosecutor that violates court rules or ethical standards of law practice.
Examples of this include courtroom misconduct, tampering with evidence, failing to disclose evidence, threatening a witness and use of untruthful witnesses—all of which could be used to overturn a conviction when appealed. Punitive damages: Damages awarded over and above compensatory damages in order to punish the defendant for their conduct are considered punitive damages. Restitution: When a defendant is ordered to provide either financial reimbursement to the victim or community service imposed by the court, this is considered restitution.
Robbery vs. Statute of limitations: Many crimes can only be brought to trial within a certain time frame. The statute of limitations refers to the time within which a lawsuit must be filed or criminal prosecution begun. When a judge gives a defendant credit for time served, this can play into their sentencing considerations. There are some errors in the form. Please correct the errors and submit again. By selecting "Submit," I authorize Rasmussen University to contact me by email, phone or text message at the number provided.
There is no obligation to enroll. Jess is a Content Specialist at Collegis Education. She researches and writes articles on behalf of Rasmussen University to help empower students to achieve their career dreams through higher education. Posted in General Justice Studies. Carrie Mesrobian Kirsten Slyter Will Erstad Callie Malvik This piece of ad content was created by Rasmussen University to support its educational programs.
Rasmussen University may not prepare students for all positions featured within this content. Please visit www. External links provided on rasmussen. Rasmussen University is accredited by the Higher Learning Commission, an institutional accreditation agency recognized by the U. Department of Education. Legal terms about trials Criminal court trials have been known to stretch on for months at a time.
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