Legal Terms and Definitions

Glossary of Legal Terms

Case law The law made by courts interpreting cases and laws as opposed to law made by legislatures. In the American system, the primary sources of law are 1) constitutions, 2) statutes/regulations, and 3) case law. Malicious prosecution A merit less (civil or criminal) action instituted solely to harass the defendant. Such misuse of the judicial process may be the basis for an action against the original plaintiff/prosecutor. Et seq An abbreviation for et sequentes, or et sequentia, "and the following," ordinarily used in referring to a section of statutes. Order to show cause Court order requiring a party to appear and show cause why the court should not take a particular course of action. If the party fails to appear or to give sufficient reasons why the court should take no action, the court will take the action. In criminal cases, the defendant must show why probation should not be revoked. Prejudicial evidence 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. Recognizance The continued, habitual or compulsive commission of law violations after first having been convicted of prior offenses. Certification Generally used to refer to the process of transferring a minor's case from the Juvenile Court to the adult court for trial. Usually reserved for capital or first-degree felonies or for chronic offenders. Contract An oral or written agreement between two or more parties, which is enforceable by law.

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	Did You Know?
	Mediation may not be the most appropriate avenue for resolution in all cases. For example, it may not be appropriate in cases where: A definitive or authoritative resolution of the matter is required; The matter involves or may bear upon significant questions of Government policy that require additional procedures before a final resolution may be made; Maintaining established policies that apply to many people is especially important; The matter significantly affects persons or groups who are not parties to the process; A full public record of the proceeding is important; or The agency must maintain continuing jurisdiction over the matter with authority to alter the disposition of the matter in light of changed circumstances.