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Most Popular Legal Definitions
magistrate
a public civil officer involved with legal determination or under the purview of
one of the three branches of government
injunction
A court order that prohibits a party from doing
something (restrictive injunction) or compels them to do something (mandatory
injunction).
beneficial interest
the right of a party to some profit,
distribution, or benefit from a contract or trust
clear and convincing evidence
Evidence that proves a matter by the "preponderance of evidence" required in
civil cases and beyond the "reasonable doubt" needed to convict in a criminal
case.
collision
accidental contact between two or more vehicles or ships which cause damage
beyond a reasonable doubt
part of jury's instructions in all criminal
trials; in which the jurors are told that they can only find the defendant
guilty if they are convinced "beyond a reasonable doubt" of his or her guilt;
sometimes referred to as "to a moral certainty," the phrase is fraught with
uncertainty as to meaning, however; criminal justice experts have concluded that
it would mean being 99% sure; in civil court to find someone liable they would
have to only take greater than 50% fault
attorney of record
attorney who has appeared in court and/or signed pleadings or other forms on
behalf of a client; the lawyer remains the attorney of record until some other
attorney or the client substitutes for him/her, he/she is allowed by the court
to withdraw, or after the case is closed; sometimes lawyers find themselves
still on the record in cases (such as divorces) which they believe have long
since been completed
bribery
the crime of giving or taking money or some other valuable item in order to
influence a person, usually a public official, in the performance of their
duties
verdict
the decision of a jury after a trial, which must be accepted by the trial judge
to be final.
code
a system of rules set-forth by an appropriate body or power