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August 24, 2010
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Legal Terms and Definitions

 


Glossary of Legal Terms

 

Competency
A witness's ability to observe, recall and recount under oath what happened. Criminal defendants must also be competent to stand trial; they must understand the nature of the proceedings and have the ability to assist their lawyers.

Quid pro quo
To overthrow; vacate; to annul or void a summons, indictment, bindover order or subpoena.

Bench trial
Trial without a jury in which the judge decides the case

Embezzlement
The fraudulent appropriation by a person to his own use or benefit of property or money entrusted to him by another.

Willful
A "willful" act is one done intentionally, as distinguished from an act done carelessly or inadvertently.

Extradition
The surrender by one state to another of an individual accused or convicted of an offense outside its own territory, and within the territorial jurisdiction of the other.

Decree
A decision or order of the court. A final decree is one, which fully and finally disposes of the litigation. An interlocutory decree is a preliminary decree, which is not final.

presentment
In felony cases, the first appearance before a judge at which the defendant is formally notified of the charges and a date is set for a preliminary hearing. No plea is entered at this stage. If, after the preliminary hearing, the case is bound over to the District Court, the defendant will enter a plea during arraignment in District Court. (Presentment is often incorrectly called arraignment.)

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Latest news about legal cases in Anchorage and nationwide:

Hacker Pleads Guilty to Illegally Accessing NY Times Network
DAVID N. KELLEY, the United States Attorney for the Southern District of New York, and PASQUALE D’AMURO, the Assistant Director in Charge of the Ne...
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Current State of Confidentiality Law
One expert has described the current law governing the confidentiality of health care information as a “crazy quilt of Federal and state constituti...
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Highlights: FY07 Homeland Security Appropriation Bill
The House bill provides $32.08 billion for the Department of Homeland Security (DHS) in fiscal year 2007, $1.8 billion above the fiscal year 2006 e...
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Legal Terms

 


Today's Terms

Subpoena duces tecum

Definition:
An official order to appear in court (or at a deposition) at a specific time. Failure to obey a subpoena to appear in court is punishable as a contempt of court.

Competency

Definition:
A witness's ability to observe, recall and recount under oath what happened. Criminal defendants must also be competent to stand trial; they must understand the nature of the proceedings and have the ability to assist their lawyers.

Mistrial

Definition:
A trial, which is void because of some error.

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