An appeal is a proceeding in which one party seeks to overturn a decision court by having the proceeding either re-tried or removed to a higher court.
Many appeals are not successful because the object of an appeal is to prove a material mistake in a lower court.
Opening statement - initial address made by attorneys for each side of a case, introducing the facts each intends to establish during the trial
Opinion - judge's written explanation of a decision of the court or of a majority of judges. A dissenting opinion opposes the majority opinion because of the reasoning and/or the principles of law on which the decision is based. A concurring opinion agrees with the decision of the court but offers further comment
Occupational Safety and Health Review Commission - The agency to judge enforcement actions under the Act
Official reports - publication of cumulative court decisions of state or federal courts.
Permanent Injunction - court order forbidding some actionfor some action to be taken or for an indefinite period.
Fiduciary - person having a legal relationship of trust and confidence to another and having a duty to act primarily for the other’s benefit: i.e., a guardian, trustee or executor.
Pre-Sentence Report - study designed to assist the judge in passing sentence on a convicted defendant. Such reports should contain at least the following: complete description of the situation surrounding the criminal activity; offender's educational background; offender's employment background; offender's social history; residence history of the offender; offender's medical history; information about environment to which the offender will return; information about any resources available to assist the offender; probation officer's view of the offender's motivations and ambitions; full description of the offender's criminal record.
Extradition - Surrender by one state to another of a person accused or convicted of an offense outside its own territory and within territorial jurisdiction of the other, with the other state which is competent to try him her, demanding his her surrender.
Extrinsic - Foreign, from outside sources.
Family Allowance - small amount of money set aside from the estate of the deceased. Its purpose is to provide for the surviving family members during the administration of the estate.
Felony – crime that allows a defendant to be imprisoned for more than one year upon being found guilty.
Instructions - Judge’s explanation to the jury of the questions it must answer and the applicable law governing the case before deliberations
Intangible assets - Nonphysical items that have value, such as stock certificates, bonds, bank accounts, and pension benefits. Intangible assets must be taken into account in estate planning and divorce.
First Appearance - Initial appearance of an arrested person in front of a judge to determine whether or not there is probable cause for his her arrest. Generally, the person comes before a judge within hours of the arrest.
Foundation - Preliminary questions to a witness regarding admissibility of evidence; laying a foundation for admissibility.
Fraud - Intentional deception to deprive another person of property or to injure that person in some way.
Fruit of the Crime - Property acquired by means and in consequence of the commission of a crime, and sometimes constituting the subject matter of the crime.
Fruit of the Poisonous Tree – Evidence obtained through an illegal search or interrogation.
Injunction - Writ prohibiting a specific action from being carried out by a person or group. A preliminary injunction is granted provisionally, until a full hearing can be held to determine if it should be made permanent. jack hyatt,
Inspectorial Search - entry into and examination of premises or vehicles by an inspector to identify and correct conditions dangerous to health or safety.
Personal Jurisdiction - Power of a court over the defendant's person and which a court must have before it can enter a judgment affecting the defendant's rights.
Per Se Law - In Mzryland's Motor Vehicle Code the per se offense is driving with a blood alcohol level of .08 or greater, as established through a valid testing procedure. No proof is required to show that the defendant was under the influence since the law concludes that driving with a blood alcohol content BAC of .08 or greater is driving while intoxicated. DWI can be proved by other evidence even if a defendant’s BAC is less than .08.
Personal Property - Tangible physical property such as clothing, cars, jewelry and furniture and intangible personal property such as bank accounts . This does not include real property such as land or rights in land.
Initial Appearance - proceeding at which a judge determines if there is sufficient evidence against a person to hold him or her for trial. The Constitution bans secret accusations, so initial appearances are public unless the defendant asks otherwise; the accused must be present, though he she usually does not offer evidence. Also called first appearance.
Interlocutory - Provisional, temporary, not final, provisional. An interlocutory order or an interlocutory appeal concerns only one part of the issues raised in a lawsuit.
On a person's own recognizance - Release of a person from custody without the payment of any bail or posting of bond, on a promise to return to court
File - To consign a paper to the official custody of the clerk of court court administrator to enter into the files or records of a case.
Filed in Open Court - Court documents entered into the file in court during legal proceedings.
Final Order – order that ends the lawsuit between the parties, resolves the merits of the case, and leaves nothing to be done but enforcement.
Finding - Formal conclusion by a judge or regulatory agency as to issues of fact. Also, a conclusion by a jury regarding a fact.
Oral argument - Presentation of a case before a court by spoken argument; usually with respect to a presentation of a case to an appellate court where a time limit is usually set for oral argument
Order - mandate, command, or direction authoritatively given. Direction of a court or judge made in writing.
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