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REGISTER OF ACTIONS:
- The official permanent
record of all civil cases. This ledger has a separate page for
each case on which the clerk notes all documents filed with or
issued by the court.
- REINSTATED BAIL:
- Bail which has been forfeited,
exonerated, or reduced and which is now re-established in it's
- The waiving of a right,
claim or privilege, the relinquishment concession by the person
in whom a right, claim or privilege exists or to who it accrues,
to the person against whom it might have been released.
- The legal term for returning
the accused to custody to await further action.
- REMITTITUR OF RECORD:
- The transfer of the records
of a case from a court of appeals to the original trial court
for further action or other disposition as ordered by the appellate
- REQUEST FOR ADMISSION:
- A method of discovery
in which one party formally and in writing asks the opposing party
to admit the truth or certain facts relevant to a case.
- The thing.
- To calendar or set again.
- RES JUDICATA:
- A matter of thing previously
settled by judgment of a court.
- To abrogate, annul, void
or cancel a contract or writing.
- The party against whom
the appeal is taken.
- The act of restoring or
giving something back to it's original owner (see Writ).
- RESTRAINING ORDER:
- (Also temporary restraining
order or T.R.O.) An order which directs a defendant to stop doing
something until a formal hearing is held to determine whether
an injunction will be issued.
- The annulling or making
void a judgment due to some error in law or irregularity in the
- The act of revoking or
canceling something, e.g. revocation of probation wherein probation
is canceled and a term must be served or a fine paid.
- To annul or make void
by recalling or taking back; cancel, repeal, reverse.
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SUBPOENA DUCES TECUM:
- A subpoena which, in addition
to compelling the appearance of a witness, commands that specific
documents be produced at the time of appearance.
- To substitute one person
in place of another with reference to a lawful claim.
- The act of writing one's
name under a written instrument; the affixing one's signature
to a document, whether for the purpose of authenticating or attesting
it, of adopting it's terms as one's own expressions, or of binding
one's self by an engagement which it contains.
- Usually used where the
judge has heard the evidence, but has submitted the case for his
decision at a later date. Also termed as under advisement (usually
to research some legal questions).
- SUMMARY JUDGMENT:
- A court order directing
a bondsman or defendant to pay the full monetary amount of bail
when the original bond or document put up in lieu of money is
no longer valid.
- A notice to a defendant
that an action has been filed and that a judgment will be entered
should the defendant fail to answer the complaint within the statutory
- SUPPLEMENTARY PROCEEDINGS:
- Proceeding supplementary
to an execution, directed to the discovery of the debtor's property
and it's application to the debt for which the execution is issued.
- To stop or put an end
to someone's activities. To suppress evidence is to withhold it
from disclosure or publication.
- SURETY BOND:
- An insurance policy taken
out by the defendant with a national insurance company in which
the company agrees to pay to the county the amount of bail required
for the defendant's release should the defendant fail to make
- To postpone, stay or withhold
certain conditions for a temporary period of time.
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- A method of electronic
communication where the receiving terminal automatically types
out the message as it is received.
- TENANCY (JOINT):
- Joint tenants have one
and the same interest, accruing by one and the same conveyance,
commencing at one and the same time, and held by one and the same
undivided possession. The grand incident of joint tenancy is survivorship,
by which the entire tenancy on the decease of any joint tenant
remains to the survivors, and at length to the last survivor.
- The person who has custody
of or control over the funds or other items held in trust.
- TRUST FUND:
- Money, stocks, bonds or
securities held by or under the control of someone for the use
and benefit of another. Also money collected by the court (as
cash bail) and placed in the County Trust Fund until adjudication
of case or order from the court.
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- A promise or security
in any form; may be one sided. A promise made in the course of
legal proceedings to obtain some concession from the court.
- UNLAWFUL DETAINER:
- A person detains or continues
to hold some real property when it is no longer rightful. An unlawful
detainer is also the title of a summary civil action in which
a landlord seeks to evict a tenant who the landlord claims is
no longer entitled to live on the premises.
- URINE TEST:
- Chemical analysis of a
urine specimen to determine it's alcohol content or the presence
of some other drug.
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- Latin, meaning "to
come", to appear before the court. More commonly used to
describe the whole group of people called for jury duty from which
the jurors are selected.
- the geographical place
or county over which a court has jurisdiction.
- Word for word; in the
- The final decision of
guilt or innocence made by a jury. Verdicts must be unanimous
in criminal cases. Some states allow non-unanimous verdicts in
civil cases. A general verdict is one given in a civil case in
which the jury finds in favor of the plaintiff or in favor of
the defendant. A special verdict, in a civil case, is given by
the judge after considering the law as it applies to the case
and after the jury states it's conclusions on specific factual
issues. Directed verdict is a verdict ordered by the judge as
a matter of law when he rules that the party with the burden of
proof has failed to make out a prima facie case.
- An oral or written statement
that something is true, usually sworn to under oath.
- Delegated; acting on behalf
of or as representing another; substituted for another.
- VICE VERSA:
- Reversing the order; conversely.
- A breach of a right, duty
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