DUI is a charge in which the suspect is charged with drving under the influence. In Maryland, in order for suspect to be charged with drving under the influence, there must be a breath result of .08 or over is a breath test is used.
Precedent court decision in an earlier case with facts and legal issues similar to a dispute currently before a court. Judges will generally follow precedent - meaning that they use the principles established in earlier cases to decide new cases that have similar facts and raise similar legal issues. A judge will disregard precedent if a party can show that the earlier case was wrongly decided, or that it differed in some significant way from the current case.
In forma pauperis In the manner of a pauper.Permission given by the court to a person to file a case without payment of the required court fees because the person cannot pay them.
Information formal accusation by a government attorney that the defendant committed a misdemeanor. See also indictment.
Injunction court order preventing one or more named parties from taking some action. A preliminary injunction often is issued to allow fact-finding, so a judge can determine whether a permanent injunction is justified
Opinion - judge's written explanation of a decision of the court or of a majority of judges. A dissenting opinion disagrees with 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
Official reports - publication of cumulated court decisions of state or federal courts in advance sheets and bound volumes as provided by statutory authority
Occupational Safety and Health Review Commission - The agency established by OSHA to adjudicate enforcement actions under the Act
On a person's own recognizance - Release of a person from custody without the payment of any bail or posting of bond, upon the promise to return to court
Preferential debt payment debt payment made to a creditor in the ninety nday period before a debtor files bankruptcy or within one year if the creditor was an insider that gives the creditor more than the creditor would receive in the debtor's chapter seven case.
Pro per slang expression sometimes used to refer to a pro se litigant. It is a corruption of the Latin phrase in propria persona.
Property of the estate All legal or equitable interests of the debtor in property as of the commencement of the case.
Consent Judgment - A judgment to which the terms and provisions of the judgment are agreed on by the parties and submitted to the court for its approval and sanction.
Default Judgment - judgment rendered because of the defendant’s failure to answer or appear.
Judgment Notwithstanding the Verdict – Judgment entered by order of the court for one individual despite the jury’s verdict in favor of the other individual. A judgment notwithstanding the verdict may only arise after a motion for a directed verdict.
Judgment on the Pleadings – Judgment based on the pleadings alone. Judgment on the pleadings is used when there is no dispute as to the facts of the case and one individual is entitled to a judgment as a matter of law.
Opening Statement - first statement made by lawyers for each side, outlining the facts each intends to establish during the trial.
Opinion - judge’s written explanation of the decision of the court or of the 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 different reasoning. A per curiam opinion is an unsigned opinion of the court.
Juror Disqualified - Juror who is excused from a trial.
Jury - Persons selected according to law and sworn to inquire into and declare a verdict on matters of fact.
Jury Array - whole body of potential jurors summoned to court from which a jury will be selected.
Judgment and Sentence - official document of a judge’s disposition of a case committing a defendant to prison.
Judicial Review - authority of a court to correct the official actions of other branches of government.
Jurat - Certificate of officer or person who administered an oath.
Jurisdiction - court’s legal power to hear and resolve specific disputes. Jurisdiction is usually composed of personal jurisdiction over persons and subject matter jurisdiction over types of cases.
Jurisprudence - study of the structure of the legal system. And the law.
Non-jury trial - case tried by the judge.
No Probable Cause – finding that Insufficient grounds exist to hold the person who was arrested.
Notice - Formal notification to a party that has been sued that a civil lawsuit has been filed.
Kangaroo Court - Trial in which a party's rights are totally disregarded and in which the result is a foregone conclusion.
Knowingly and Willfully – Voluntarily.
Negligence - Failure to exercise the degree of care that a reasonable party would exercise under the same set of circumstances.
Law - Rules that govern individual and group conduct in a society.
Law Clerks - Persons who assist judges in legal research.
Summary Judgment - Judgment given on the basis of pleadings, affidavits, and exhibits presented for the record without any need for a trial. As with Judgment on the Pleadings, it is used when there is no dispute as to the facts of the case and one individual is entitled to a judgment as a matter of law.
Objection - An objection is either sustained, allowed, or overruled by the judge. by which one individual tries to prevent the introduction of evidence or the use of a procedure at a hearing.
Nuisance –Unwarranted, unreasonable, or unlawful use of one’s property that annoys, disturbs, or inconveniences another in the use of his or her property.
Nunc Pro Tunc – retroactive order.
Nuncupative Will - unwritten oral will.
Oaths - Sworn promises required in court, usually administered by the in-court clerk.
Jury List - List of jurors empanelled to try a cause or containing the names of all the jurors summoned to attend court.
Jury Polling - procedure by which each individual juror is asked to affirm his or her verdict in open court at the conclusion of a trial.
Jury Trial - trial in which the jury judges the facts and the judge rules on the law.
Justiciable - Issues and claims that can be properly examined in court.
Juvenile - Person under 18 years of age.
Pro se Representing oneself. Serving as one's own lawyer.
Prosecute To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
Pro tem Temporary.
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 might be set for oral argument
Order - A mandate, command, or direction authoritatively given. Direction of a court or judge made in writing.
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