A sobriety test is a test given to measure the sobriety of a suspect.
Many of the tests are subject to attack by an experienced DUI lawyer.
The standard tests are not one hundred percent reliable.
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
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
Evidence Information presented in testimony or in documents that is used to persuade the fact finder judge or jury to decide the case in favor of one side or the other.
Exclusionary rule Doctrine that says evidence obtained in violation of a criminal defendant's constitutional or statutory rights is not admissible at trial.
Exculpatory evidence Evidence indicating that a defendant did not commit the crime jack i. hyatt,
Count An allegation in an indictment or information, charging a defendant with a crime. An indictment or information may contain allegations that the defendant committed more than one crime. Each allegation is referred to as a count.
Court Reporter - Ccertified person who maintains the record of court proceedings.
Court Rules –Procedures adopted by a court which govern the litigation process. Court rules often control the format and style of documents submitted to the court.
Criminal Contempt - Criminal contempt is an act of disrespect of the court or an obstruction of the administration of justice or tending to bring the court into disrepute. Criminal contempt can be either direct or indirect. Direct contempt involves contemptuous behavior in the presence of the judge that interferes with the course of a judicial proceeding; it is punishable without a hearing by fine or imprisonment. Indirect contempt involves willful disobedience of court orders away from the court, which tend to impede justice. For example, refusal to carry out lawful court orders, preventing service of process, withholding evidence, and bribing a witness are all indirect criminal contempt. The person charged with indirect contempt is entitled to notice and a hearing.
Decision - Judgment reached or given by a court of law.
Declaratory Judgment - Judgment of the court explaining the existing law expressing the opinion of the court as to the rights of the parties, but without awarding relief or provide enforcement.
Decree - Order of the court. A final decree is one that fully disposes of the litigation, while an interlocutory decree is a preliminary order that often disposes of only part of a lawsuit.
Defamation – Injury to a person’s reputation. Libel is written defamation and while slander is spoken words.
Default - Failure to respond to a lawsuit within the specified time.
Cross-Claim - Claim against each other by codefendants or coplaintiffs in a civil case and not against persons on the opposite side of the lawsuit.
Precedent - Previously decided case that guides the decision of future cases; source of common law.
Preponderance of the evidence - Evidence that is of greater weight or more convincing than certain evidence that is offered by the opposing party. Amount of evidence that must be presented to prevail in most civil actions.
Presentment - Declaration by a grand jury that either makes a neutral report or notes misdeeds by officials charged with specified public duties. The presentment ordinarily does not include formal criminal charges.
Prima Facie – Presumably. Fact presumed to be true unless disproved by some evidence to the contrary. Prima facie evidence will prevail until contradicted and overcome by other evidence. A prima facie case is one in which the plaintiff has presented sufficient evidence to require a party to proceed with his or her case. In other words, the plaintiff will prevail if the defendant does not rebut the plaintiff’s case.
Cross-Examination - Questioning of a witness produced by the other side.
Cumulative Sentences - Sentences for two or more crimes to run one after the other rather than simultaneously.
Custody - Detaining of a person to assure his or her appearance at any hearing; the jailing or imprisonment of a person convicted of a crime.
Damages - Money awarded by a court to a person injured by the conduct of another person.
Debtor A person who has filed a petition for relief under the Bankruptcy Code.
Defendant An individual or business against whom a lawsuit is filed.
Debtor's plan A debtor's detailed description of how the debtor proposes to pay creditors' claims over a fixed period of time.
Declaratory judgment A judge's statement about someone's rights. For example, a plaintiff may seek a declaratory judgment that a particular statute, as written, violates some constitutional right.
De facto tin, meaning in fact or actually. Something that exists in fact but not as a matter of law.
Default judgment A judgment awarding a plaintiff the relief sought in the complaint because the defendant has failed to appear in court or otherwise respond to the complaint.
Defendant In a civil case, the person or organization against whom the plaintiff brings suit; in a criminal case, the person accused of the crime.
Creditor A person to whom or business to which the debtor owes money or that claims to be owed money by the debtor, jack hyatt,.
Credit counseling Generally refers to two events in individual bankruptcy cases: 1 the individual or group briefing from a nonprofit budget and credit counseling agency that individual debtors must attend prior to filing under any chapter of the Bankruptcy Code; and 2 the instructional course in personal financial management in chapters seven and thirteen that an individual debtor must complete before a discharge is entered. There are exceptions to both requirements for certain categories of debtors, exigent circumstances, or if the U.S. trustee or bankruptcy administrator have determined that there are insufficient approved credit counseling agencies available to provide the necessary counseling.
Magistrate judge A judicial officer of a district court who conducts initial proceedings in criminal cases, decides criminal misdemeanor cases, conducts many pretrial civil and criminal matters on behalf of district judges, and decides civil cases with the consent of the parties.
Means test Section 707 b 2 of the Bankruptcy Code applies a means test to see if an individual debtor's chapter 7 filing is presumed to be an abuse of Special condition the court imposes to require an individual to undergo evaluation and treatment for a mental disorder. Treatment may include psychiatric, psychological, and sex offense-specific evaluations, inpatient or outpatient counseling, and medication.
Misdemeanor An offense punishable by one year of imprisonment or less. See also felony.
Mistrial An invalid trial, caused by fundamental error. When a mistrial is declared, the trial must start again with the selection of a new jury.
Moot Not subject to a court ruling because the controversy has not actually arisen, or has ended. P>Damages Money that a defendant pays a plaintiff in a civil case if the plaintiff has won. Damages may be compensatory for loss or injury or punitive to punish and deter future misconduct .
Motion A request by a litigant to a judge for a decision on an issue relating to the
Order - A mandate, command, or direction authoritatively given. Direction of a court or judge made in writing.
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