Legal Terms and Definitions

Glossary of Legal Terms

Restitution A party is said to "rest" or "rest his case" when he/she has presented all the evidence he/she intends to offer. Of counsel A phrase commonly applied to counsel employed to assist in the preparation or management of the case, or its presentation on appeal, but who is not the principal attorney for the party. Eminent domain The power to take private property for public use by the state and municipalities. Discovery The process through which parties to an action are allowed to obtain relevant information known to other parties or nonparties before trial Stipulation A certain time allowed by statute in which litigation must be brought. In criminal cases, prosecution is barred if not brought within the statute of limitations. Referral Follows cross-examination, and is conducted by the party who first examined the witness. Hearing de novo A full new hearing. Circumstantial evidence All evidence of an indirect nature. Testimony not based on actual personal knowledge or observation of the facts in controversy.

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