Legal Terminology L-O Flashcards
landmark/benchmark decision
particularly important holding/ruling that affects large segments of society; establishes or changes important new legal principles
lay witness
non-expert witness that cannot give opinions, only facts as they saw/experienced them
lien
legal right or claim on specific property which attaches to the property until the debt is satisfied
limited jurisdiction
a court may consider only certain matters
mechanic’s lien
statutory claim created to ensure payment to contractors and suppliers on construction projects
minutes
chronological record/recap of court proceedings
mistrial
the throwing out of a case due to an inability of the jury to reach a verdict or when certain technical violations of court rules are deemed to be of such significance as to threaten a possible miscarriage of justice
mitigating circumstances
considerations that decrease a sentence imposed in criminal cases under sentencing guidelines
motion
application made for some action to be taken or ruling made by a court
motion in limine
motion filed by a party to a lawsuit which asks the court for an order/ruling limiting/preventing certain evidence from being presented by the other side at the trial of the case
motion to compel
motion requiring a party to comply with some court ruling
nonjusticiable
an issue a court simply cannot entertain
nonsuit
an action which is insufficient on its face to permit trial
oath
a witness’s formal promise to tell the truth while testifying
official record
the transcript of court proceedings exhibits and all physical evidence
on all fours
cases or court decisions whose underlying facts are similar
opening statement
introductory remarks made by an attorney at the start of trial
opinion testimony
testimony provided by expert witnesses who have special expertise and are qualified to consider hypothetical situations to aid the court’s understanding
original jurisdiction
no court, other than the specific one holding original jurisdiction, may initially consider the matter in question
own recognizance
a defendant in a criminal case who is released from custody not by posting bond but on his simple promise to appear in court as required
