Arising from a wrong, breach of duty. See TORT.
"In the place of the parent," refers to actions of a custodian, guardian, or other person acting in the parent's place.
In courts, it refers to persons who present his or her own case without lawyers. See PRO PER and PRO SE.
A procedural term used to designate proceedings or actions instituted against the thing in contrast to actions instituted in personam or against the person.
Among other things.
A gift made during the giver's life.
Another name for a living trust.
A motion requesting that the court not allow certain evidence that might prejudice the jury.
A pending suit.
The place of the offense.
A writ issued by a court ordering a public official to perform an act.
On behalf of only one party, without notice to any other party. For example, a request for a search warrant is an ex parte proceeding, since the person subject to the search is not notified of the proceeding and is not present at the hearing.
The “guilty mind” necessary to establish criminal responsibility.
The name of an order in writing, issuing from a court and directing the sheriff or other officer to convey a person to a prison, asylum, or reformatory, and directing the jailer or other appropriate official to receive and safely keep the person until his or her fate shall be determined by due course of law.
A written motion which is usually made before or after the beginning of a jury trial for a protective order against prejudicial questions and statements.
A writ which forbids the person to whom it is addressed to leave the country, the state, or the jurisdiction of the court.
Decision by a prosecutor not to go forward with charging a crime. It translates, “I do not choose to prosecute.” Also loosely called nolle pros.
A plea of no contest. In many jurisdictions, it is an expression that the matter will not be contested, but without an admission of guilt. In other jurisdictions, it is an admission of the charges and is equivalent to a guilty plea.
Not of sound mind; insane.
Translated: "not to be found"; a sheriff's return of process when service is not made because the person to be served was not found.
Notwithstanding the verdict. A verdict entered by the judge contrary to a jury's verdict. NUNC PRO TUNC -A legal phrase applied to acts which are allowed after the time when they should be done, with a retroactive effect. PARENS PATRIAE The doctrine under which the court protects the interests of a juvenile.
An unsigned opinion of the court.
The legal procedure in which only one side is represented. It differs from adversary system or adversary proceeding.
A case that is sufficient and has the minimum amount of evidence necessary to allow it to continue in the judicial process.
After the fact. The Constitution prohibits the enactment of ex post facto laws. These are laws that permit conviction and punishment for a lawful act performed before the law was changed and the act made illegal.
A person appointed by a court to look after the interests of an infant, child, or incompetent during court proceedings.
A writ which commands that a party be brought before a court or judge and to protect him or her from unlawful imprisonment or custody.
A full new hearing.
In chambers, or in private. A hearing in camera takes place in the judge's office outside of the presence of the jury and the public.
"In the manner of a pauper." Permission given to a person to sue without payment of court fees on claim of indigence or poverty.