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February 27, 2010
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Legal Terms and Definitions

 


Glossary of Legal Terms

 

Criminal case
A case brought by the government against a person accused of committing a crime.

presentence report
An investigation conducted at the request of the court after a person has been found guilty of a crime. The purpose is to provide the court with extensive background information to determine the appropriate sentence. On felonies, usually done by the Department of Corrections, Division of Adult Probation & Parole (AP & P).

Court reporter
A court official who records testimony and arguments, and transcribes it into a permanent record of all court proceedings.

Attorney of record
Attorney whose name appears in the permanent records or files of a case.

Pleading
The formal allegations by the parties of their respective claims and defenses.

Comparative negligence
The degree to which a person contributed to his/her own injury, damage or death. Usually measured in terms of percentage. Contributory negligence is the failure to exercise care by a plaintiff, which contributed to the plaintiff's injury.

Hearing de novo
A full new hearing.

Defamation
The making of false, derogatory statements about a person's character, morals, abilities, business practices or financial status. (Includes libel, which is written, and slander, which is spoken).

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Did You Know?    
 
 
Mediation is a process that involves a mediator

Neutral third party who helps the disputing parties achieve a resolution that satisfies both of them. The mediator's primary function is to create constructive communication between parties and provide a forum where disputants can create a mutually satisfactory agreement. Mediators do not impose decisions; instead, they help people craft solutions that will work for them.

 


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Latest news about legal cases in Sioux Falls and nationwide:

Highlights: FY07 Homeland Security Appropriation Bill
The House bill provides $32.08 billion for the Department of Homeland Security (DHS) in fiscal year 2007, $1.8 billion above the fiscal year 2006 e...
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Judiciary Calls for Funding to Maintain Course
The federal courts have asked Congress to provide a fiscal year 2007 appropriation sufficient to build on the gains achieved in FY 2006, or risk re...
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Legal Terms

 


Today's Terms

Prejudicial evidence

Definition:
Evidence which might unfairly sway the judge or jury to one side or the other. For example, photographs of a gory murder scene might inflame a jury without providing useful evidence. May be excluded in criminal cases if prejudicial effect outweighs probative value.

Attorney of record

Definition:
Attorney whose name appears in the permanent records or files of a case.

Termination of parental rights

Definition:
A judicial proceeding freeing a child from all custody and control by parents, so the child can be adopted by others.

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