A point of law is a theoretical legal concept that refers to the application of principles of law to particular facts. Certified Copy -- A copy of a document or record that is certified by the official custodian of the original as a true copy. (See: Prosecutor on file) True Copy Test A copy of a court document issued under the seal of the court clerk, but not certified. This answer is being given for general informational purposes only and is not protected by the attorney-client privilege since this is a public forum. Merged -- The absorption of a lesser included offense into a more serious offense. Conviction -- The determination of guilt based on a plea, a jury verdict, or a finding of a judge. Jointly and Severally -- Acting together and separately; anyone so liable can sue or be sued with or without others joining in the action. Most often asked questions related to bitcoin! When reading a case you should be noting various pieces of information, in particular: the case name; the citation; the court deciding the case; what was the issue in the case; what decision did the court reach in the case; and how did the court arrive at its decision. 13.35 Visual identification evidence that is exculpatory of the accused does not come within the definition of identification evidence in the Dictionary of the Evidence Act 1995 (NSW). Public Record -- A record maintained in a government office, such as a court record, available for inspection by the general public. (see De Novo). The date, time and location of the Mentions Court will be stated in the notice, summons, or bail bond issued to you. However, decisions could be made at such hearings that alter the case's trajectory. Non-issue. Third Party Claim -- A defendant may cause a summons and complaint to be served upon a person not a party to the action who is or may be liable to the defendant for all or part of a plaintiffs claim against the defendant. and Miscellaneous (?mc?). Recall -- Cancellation by the court of a warrant before its execution by the arrest of the defendant. Upon entry of a dismissal, except a dismissal without prejudice, the matter has effectively ended. Civil cases involve conflicts between people or institutions such as businesses. Surety -- One who makes himself responsible for the defendants obligation to appear in court and agrees to pay money or do other acts in the event that the defendant does not appear. Respondent -- The alleged abuser in a domestic violence case. Police officers usually make arrests based only on whether they have good reason (probable cause) to believe a crime has been committed. 1. in a criminal action, failure to appear may result in a bench warrant being issued for the persons arrest. Settling such points is half of the equation in conducting litigation ? Sen. Keith Regier, the proposal's sponsor, argued during a committee hearing Tuesday that the phrase "individual privacy" in the . Many people charged with a crime wonder whether a jury or judge can convict you without physical evidence? Waive/Waiver -- Giving up a legal right voluntarily, intentionally, and with full knowledge of the consequences. . Stet A conditional stay of any subsequent proceedings in a case. Office of Administration. A senior police officer of superintendent rank or above, can decide that you need to be kept in the police station for longer than 24 hours. Order -- A ruling of the court, on a motion, objection, or other matter relating to a preliminary point or some step in the proceedings. In law, a question of law, also known as a point of law, is a question that must be answered by applying relevant legal principles to interpretation of the law. Case Law -- Decisions of federal and state courts interpreting and applying laws in specific fact situations; opinions are reported in various volumes. Another, more macabre, reason is that someone has died, gotten seriously injured, or fallen gravely ill. Case types assigned by the Court include Civil (?cv? Petty Offense -- An offense the penalty for which does not exceed imprisonment for a period of three months or a fine of five hundred dollars. Limited Jurisdiction -- the authority over only particular types of cases, or cases under a prescribed amount in controversy, or seeking only certain types of relief, the District Court is a court of limited jurisdiction. Having a completely paperless working environment is both cost-saving as well as eco-conscious. Hunter Biden asked a judge to deny his 4-year-old daughter from taking his surname claiming it's a lightning rod for criticism and would rob the child of a "peaceful existence.". Indictment The procedure by which the accused is brought before the court to invoke the criminal charge in the indictment or denunciation. Voir Dire (Trans: to speak the truth) -- the preliminary examination of a prospective juror, or witness, to determine whether the person is competent, impartial, and unprejudiced. (Compare Confession). Appeal Bond -- A type of bond set by the court and filed by the appellant until the cause can be passed upon and disposed of by the superior court. mdff21 said: They are the abbreviations for what happened. It means it is the first opportunity for the defense attorney, defendant and prosecutor to appear in court. OA. Minor Offence An offence whose penalty does not exceed imprisonment for a period of three months or a fine of five hundred dollars. Nolle Prosequi (Nol Pros) (Trans: to be unwilling to proceed) -- A formal motion in a case by the States Attorney, indicating that the charges will not be prosecuted. Purge -- To cleanse or clear; eliminate inactive records from court files; with respect to a civil contempt, to curve the noncompliance that caused the contempt finding. Infraction (Civil) -- A violation of a statute, ordinance, or regulation for which the only penalty authorized is a civil fine. They make mistakes periodically. Habeas Corpus (Trans: you have the body) -- A writ which brings a person before a court. Exhibits -- Documents and other tangible things that are attached to a pleading or offered as evidence in a case, after being marked for identification. Nunc Pro Tunc -- Now for then; phrase used when an order is issued on one date but is effective as if issued on an earlier date when it should have been issued. Statement of Charges -- A charging document, other than a citation, filed in District Court by a peace officer or by a judicial officer. A party who fails to comply with a court order in a civil action. Mistrial -- A trial that has been terminated and declared void due to prejudicial error in the proceedings or other extraordinary circumstances. De novo appeal An appeal by a district court to a district court for a new trial in which new evidence may be presented and new decisions made. Mandate The judgment rendered on the decision of a court of appeal. The Montana legislature is considering a proposal that would interpret the state's constitutional right to privacy to mean that it does not protect the right to an abortion, a move that would echo others in several states to severely restrict or ban abortion. You have a first amendment right to free speech and free expression. In the United States, certiorari is often used in the context of appeals to the Supreme Court. One reason would be that a settlement has been reached and they no longer need your statement. The automation will not notify you or run automatically. (Compare Public, Sealed, or Shielded Records). Miranda Warning -- A requirement based on a United States Supreme Court decision that a person be advised of certain constitutional rights against self-incrimination at the time of arrest and before questioning. Pleadings -- The formal allegations by the parties of their respective claims and defenses for the judgment of the court; in criminal matters, this includes a charging document. In the United States, the right to remain silent is designed to protect a person who is undergoing police questioning or trial. decided or ruled, as the court held that the contract was valid. See also: decision judgment ruling. The . Capital Case -- A criminal case in which the allowable punishment includes death. We use cookies to ensure that we give you the best experience on our website. Accommodations - Assistance with special needs and interpreters. Your point headings serve both organizational and persuasive functions: they. By contrast, prosecutors can file formal charges only if they believe that they can prove a suspect guilty beyond a reasonable doubt. Docket entries are meant to be succinct summaries of information regarding the document that has been filed. Respondent The alleged perpetrator in a domestic violence case. A story has five basic but important elements. These tools help organizations collect, manage, and analyze securely to accomplish everyday tasks and processes. Oftentimes, the judge will advise the plaintiff of the problem with the case, Post Conviction -- A procedure by which a convicted defendant challenges the conviction and/or sentence on the basis of some alleged violation or error. advance your clients interests. Presentment Before Grand Jury -- Presentation of evidence, including testimony of witnesses, by the States Attorney to the grand jury to establish probable cause that the accused committed the alleged offense and to seek issuance of an indictment. Four different kinds of cryptocurrencies you should know. If it is an old case, or if you need confirmation of your cases status, you can look it up in the public records. Sua Sponte of her own free will; Often, when a judge does something without a party to a case asking him to. (Compare Removal). 1 attorney answer It just means that something happened in connection with his case on that date. Can you be charged with a crime without knowing? Tap Done. The Pros and Cons of Automation in The Workplace. (Also known as Reconsideration). This is the manufacturing cell or system level, which operates under instructions from the plant level. Bench -- The body of judges composing a court. Can remaining silent be used against you? Anne Arundel County uses this type of code under their electronic filing system. Intrastate Detainer -- An arrest warrant issued on a charging document in Maryland and lodged with a correctional institution in Maryland in which the defendant is already in custody for the same or another offense to ensure continued detention of the defendant until processed on the charges underlying the warrant. ATY, BON, BRT, CNS, CRP, DEF, INT, MAT, OFF, OTH, PRB, PYE, PYR, RTN, SPA, VCT, WTD, WTP. Pro Being Fully Digital. . Court Order -- A command or mandatory direction of a judge which is made during a case. Porto eCommerce. 2. On motion of the States Attorney, the court may indefinitely postpone trial of a charge by marking the charge stet on the docket. In a common law system, the opinions of the courts are the law by which all disputes are resolved. Supplementary Proceedings -- Proceedings supplementary to an execution, directed to the discovery of a debtors property and the application of the property to the debt for which the execution is issued. Clemency: Also referred to as executive clemency, clemency is the power a president possesses in federal criminal cases to offer a legal reprieve to a person convicted of a crime. It is also used by the judge if he finds that the accused committed a criminal offense or a traffic infraction. Duis nec vestibulum magna, et dapibus lacus. The dictionary defines automation as the technique of making an apparatus, a process, or a system operate automatically. We define automation as the creation and application of technology to monitor and control the production and delivery of products and services., The risks include the possibility that workers will become slaves to automated machines, that the privacy of humans will be invaded by vast computer data networks, that human error in the management of technology will somehow endanger civilization, and that society will become dependent on automation for its economic . Bench -- Process issued by the court itself, or from the bench, for the attachment or arrest of a person. Bail A sum of money or other security given to the court in exchange for the defendant`s release and to secure the defendant`s appearance in court. Reconsideration -- (a change or alteration) An order changing the terms of a prior order of the Court. Judge Can be a judge of any court in that state, but more often than not will be a judge of the court that issued the documents you have in front of you or a judge of the court that has jurisdiction over the case before you. Misdemeanor -- A minor criminal offense (other than a felony or an infraction) punishable by a fine, imprisonment, or both. This is the highest level. Also the endorsement made by the officer upon the writ or other paper stating what he has done under it, the time and mode of service etc. Alias (Otherwise called) -- indicating one was called by one or the other of two names. Sealed Record -- A record closed by a court to further inspection by anyone unless ordered by the court. Nolo Contendere (Trans: I will not contest it.) -- The name of a plea in a criminal action having the same legal effect as a plea of guilty so far as regards all proceedings in the case and on which the defendant may be sentenced. Bail Bondsman -- The authorized agent of a surety insurer. Charging Document -- A written accusation alleging that a defendant has committed an offense, including a citation, an indictment, an information, and or a statement of charges. The court record of a current proceeding is to be erased back to Key point 2, i.e., all pleadings after that (higher key point dates). A witness who fails to comply with a subpoena. Execution -- A method of obtaining satisfaction of a judgment. What does JM mean in court? Subpoena Duces Tecum -- (Trans: bring it with him) -- A writ commanding a witness to appear and produce documents or papers in court that are relevant to a case. Court Records -- All official records maintained by the clerk or other personnel pertaining to any criminal action or proceeding for expungement, including indices, docket entries charging documents, pleadings, memoranda, assignment schedules, disposition sheets, transcriptions of proceedings, electronic recordings, orders, judgments, and decrees. Judges consider relevant opinions in making their decisions. Offense -- A violation of the criminal laws of this State or any political subdivision thereof. Merits -- Strict legal rights of the parties; a decision on the merits is one that reaches the right(s) of a party as distinguished from a disposition of the case on a ground not reaching the rights raised in the action; for example, in a criminal case double jeopardy does not apply if charges are nolle prossed before trial commences, and in a civil action res judicata does not apply if a previous action was dismissed on a preliminary motion raising a technicality such as improper service of process. Shielded Record -- A record or information in a record removed from public inspection by a judge or commissioner. Court A judge or group of judges whose job is to hear cases and administer justice. Pre-trial detention A legal action that refers a case to another court or authority for further processing. Removal -- Change of location (venue) of a case on the grounds that a party cannot receive a fair and impartial trial in the jurisdiction in which the action is pending. means an original application filed under sub-section (1) of section 19 of the Act; (h) order sheet means the daily recording of the proceedings in an O.A., S.A., application under section 31-A of the Act, Misc. Learn more about how to request the services of a court interpreter. An indicator of the equipments reliability that is calculated for all machines, lines or cells. De Novo Appeal (Trans: for new) -- An appeal from a District Court to a circuit court for a new trial at which new evidence may be presented and new determinations are made. If you thought you received a PBJ, check your disposition documents. Hospital Order In accordance with sections 12 to 120 of the General Health Act, a warrant of arrest issued by a court if it is determined that there is a probable reason that the said defendant has violated parole under Title 12 of the General Health Section. Accused -- The person against whom an accusation is made. A keypoint is a specific time in the recording when the case was called. A concentrated site or installation, the destruction or capture of which would seriously affect the war effort or the success of operations. Cell or system level. If the trial is postponed, you must make sure that the defendant is aware of the new hearing. The police should not keep you in the station for more than 24 hours without charging you. Do it well before the trial date. Levy -- A setting aside of the defendants property made by the sheriff or constable; this property is placed in custody of law. 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