ADA -- A Federal law that prohibits discrimination against people with disabilities (Americans with Disabilities Act). Judgment should be read full and complete: One should remember that the judgment should be read right from the statement of facts/brief facts narrated in the case law (for understanding the facts on which the petitioner/appellant has knocked the doors of the Court); What does Held concluded mean in a court case? Vulnerable Adult -- Adult who is physically or mentally incapable of providing for his/her daily needs. decided or ruled, as the court held that the contract was valid. See also: decision judgment ruling. Prayer for a Jury Trial -- Request of a defendant in certain cases to be tried by a jury. Acquittal -- The finding of a judge that the evidence is insufficient to support a conviction, or a verdict that the accused is not guilty. Bifurcate -- To try issues separately, such as criminal responsibility and guilt in a criminal proceeding and liability and damages in a civil action. A story has five basic but important elements. Record on Appeal -- The case file and its contents, together with a transcript of all proceedings in the lower court. Waive/Waiver -- Giving up a legal right voluntarily, intentionally, and with full knowledge of the consequences. Judicial Magistrate. CT. Criminal Traffic. Whether you are the person who filed the complaint (the plaintiff) or the person being sued (the respondent), read the complaint and read it again. It changed from CR to CRSCA because the county switched to electronic filing for lawyers. Stay -- Hold in abeyance. Note: Marital Property does not include property acquired before the marriage; acquired by inheritance or gift from a third party; excluded by valid agreement; acquired during the period that the parties voluntarily lived separate and apart without cohabitation and without interruption; directly traceable to any of these sources. 12 of the Revised Rules states that a motion to dismiss is a prohibited pleading except when it raises any of the following grounds: (1) the courts lack of jurisdiction over the subject matter of the claim; (2) the pendency of another action between the same parties for the same cause; and (3) the cause of action is . Landlords Complaint for failure to pay rent -- An action for the recovery of possession of real property. Copyright 2023 Maryland Judiciary. Although judges may be addressed with other titles, the proper salutation for a judge is your honor in all cases, and by all people involved in the court system. Battery -- The unlawful application of physical force to, or offensive touching of, another without the individuals consent. This means you will be held in the Detention Center pending your trial day and you may not be released since a bond has not been set. Certified Copy -- A copy of a document or record that is certified by the official custodian of the original as a true copy. Interrogatories -- A set of written questions for the purpose of discovery. Deposition -- Pretrial examination of a witness on written or oral questions answered under oath, used to discover the witness testimony in preparation for trial, and admissible at trial in lieu of live testimony if the witness is unavailable or refused to testify. Witness -- One who testifies to what he has seen, heard, or otherwise observed and who is not necessarily a party to the action. Respondent - The alleged perpetrator in a domestic violence case. ABA Plea An admission of guilt based on an agreement based on standards recommended by the American Bar Association (ABA); The accused and the State submit to the court, for the record, an agreement providing for a specific sentence bound by the sentencing and order provisions. Res Gestae -- Things done; rule under which a remark made spontaneously and concurrently with an incident carries an inherent degree of credibility and is admissible because of its spontaneous nature (excited utterance); an exception to the hearsay rule. This is also known as a court mention. Witness Someone who testifies to what they saw, heard or otherwise observed and who is not necessarily a party to the lawsuit. One reason would be that a settlement has been reached and they no longer need your statement. Pending -- Cases that are awaiting further action. Lien -- A claim upon the real property of another for some debt; the property remains in the defendants possession. What does hold without bond mean in Maryland? What does disposition Cancelled mean in PA? 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. Civil cases involve conflicts between people or institutions such as businesses. Counter Complaint -- A claim filed by a defendant in a civil case against the plaintiff. This can have significant implications for those involved in a court case, as it may lead to delays, additional costs, and an unfavorable outcome. Case Law -- Decisions of federal and state courts interpreting and applying laws in specific fact situations; opinions are reported in various volumes. A stay of execution is a legal term that refers to the postponement of a court-ordered punishment or sentence. Seizure -- The taking of a defendants property to satisfy a judgment. Appeal guarantee A type of bond determined by the court and filed by the complainant until the case can be referred and settled by the superior court. Hicks Waiver -- Waiver of the defendants right to a speedy trial, which is 180 days from the defendants initial appearance, in person or by attorney. 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. Non Est (Inventus) (Trans: not to be found) -- the sheriffs return of process when service is not made because the person was not found. A civil case usually begins when a person or organization determines that a problem cant be solved without the intervention of the courts. Contempt of Court -- Failure to obey a court order. How do I find out the outcome of a court case? This is the lowest level in our automation hierarchy. Escrow -- The placing of money, a deed, or real property in the hands of a third party to be held until the performance of a condition. Appellee -- A party against whom an appeal is taken. (See: Attorney of Record) 3. Certiorari (writ of) (Trans: to be more fully informed) -- The process by which an appellate court calls for the records of a case from a lower court for review. Cross-examination -- Examination of one partys witness by the other party. Police Record -- All official records that a law enforcement unit, booking facility, or the Central Repository maintains about the arrest and detention of, or further proceeding against, a person for a criminal charge, a suspected violation of a criminal law, or a violation of the Transportation Article for which a term of imprisonment may be imposed. This is the manufacturing cell or system level, which operates under instructions from the plant level. A witness who fails to comply with a subpoena. (Also known as an Oral Examination; formally known as Supplementary Proceeding in aid of enforcement of judgment.). Accomplice -- A person who knowingly and willingly assists the principal offender in the commission of a crime. Line (Praecipe) (Trans: command) -- A written request by an attorney entering his/her appearance, for the client before the court. Conviction -- The determination of guilt based on a plea, a jury verdict, or a finding of a judge. A witness who fails to comply with a subpoena. If in a replevin action it is not possible to repossess the goods, the action will roll over into detinue. Judges consider relevant opinions in making their decisions. What does to be spoken to mean in court? Circuit Court -- A trial court of general jurisdiction. How do you find out if a court case has been dismissed? The ideal condition is to have 100% OA. Pretrial Release -- The release by a judicial officer of a defendant, prior to trial, under conditions that the judicial officer feels will reasonably assure the defendants appearance as required. If you do not have the disposition sheet, contact your lawyer or go to the Clerk's office and look at the file. As such, the position of judge is considered to be an honorable position and should be treated accordingly with respect and deference. How long can you be detained without charges? 1. in a criminal action, failure to appear may result in a bench warrant being issued for the persons arrest. Generally, the standard time the police can hold you for is 24 hours until they will need to charge you with a criminal offence or release you. Admission The voluntary acknowledgement of the existence of facts relevant to an opponent`s case. Porto eCommerce. Remand -- An action by the court that sends a case to another court or agency for further action. Transfer -- In a criminal case, a change of location (venue) of the case to another location in which charges are pending and to which the defendant has pled guilty or nolo contendere, to permit the defendant to similarly plead to the transferred charges, and have sentence imposed as to all the charges. Probation -- A means of conditionally releasing an individual after trial. Original Jurisdiction -- Jurisdiction of the first court to hear a case. What does it mean when a case is dismissed? Washington search warrants served after Bryan Kohberger's arrest were sealed for two months in the Idaho murders, but the judge said they may come out sooner. ), Criminal (?cr?) A term used to describe evidence that may be considered by a jury or judge in civil and criminal cases. Recall -- Cancellation by the court of a warrant before its execution by the arrest of the defendant. While the case may not remain in District court, your bail review and initial charges will be heard in this level of Court. Habeas Corpus (Trans: you have the body) -- A writ which brings a person before a court. General Jurisdiction -- the unlimited authority over cases brought before the court to decide rights and grant remedies available under the law; circuit courts are courts of general jurisdiction. In a common law system, the opinions of the courts are the law by which all disputes are resolved. Learn more about the Service of Process. 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. Operational Availability is the foundation for all manufacturing. Litigant -- A party to a lawsuit; one engaged in litigation. (see De Novo). What is a point heading in a legal brief? The judge will ask for an explanation of all the points of the complaint. Affirmed (judgment) A decision of an appellate court stating that the judgment of a lower court is correct and should be upheld. Defendant -- The person against whom a suit is filed, or in a criminal action, who has been charged with a violation of the law or criminal wrong doing. Complaint, Criminal -- A charge brought before a judicial officer that a person named has committed a specified offense. Garnishee -- A person holding the property or assets of a judgment debtor. You have a first amendment right to free speech and free expression. All Rights Reserved. If youre charged with a crime, youll know about it, sooner or later. Motion -- A request to a court by one or more of the parties for a specific action in a case. An order entered by a judge suspending or postponing a proceeding or execution of an action before the Court. advance your clients interests. All criminal traffic charges are heard de novo in the circuit court. Pardon -- Relief from a conviction (full pardon) or from any further punishment imposed by a conviction (particular pardon) granted by an executive official (governor or president). A material witness in a criminal case. 347, 353.). The 48-hour rule states that someone cannot be held in custody for longer than 48 hours from the time of arrest unless the judge has signed a complaint, making an initial determination that there is probable cause for the charge, or unless the judge finds there is probable cause to detain the person for a longer period . Clean For cleaning or extinguishing; delete inactive records from court records; in the context of a non-compliance with the civil law, to remedy the non-compliance caused by the finding of non-compliance. The first case filed in a particular year for each division is ?1,? Criminal assignment is the office in the courthouse which schedules hearings and trials. If possible lead with the strongest argument. Shielded Record - A record or information in a record removed from public inspection by a judge or commissioner. What do judges say at the end of a trial? (Compare Concurrent Jurisdiction). Execution -- A method of obtaining satisfaction of a judgment. Attorney Information System (AIS) - Centralized Judiciary database for Attorney Information, Attorney of Record -- An attorney who represents a party and has entered an appearance in an action. Bench -- The body of judges composing a court. Which of the following law is also known as point law? The guidelines have a separate table governing fine amounts for individuals (5E1.2) and . Copyright 2023 Saint-Bernard | application. Infraction (Civil) -- A violation of a statute, ordinance, or regulation for which the only penalty authorized is a civil fine. The significant role played by bitcoin for businesses! 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. Confession -- A statement by an individual, either oral or written, admitting that he or she committed a certain offense. 1. TRAFFIC VIOLATION. Grand Jury -- A jury composed of 23 persons who receive evidence and determine if that evidence is sufficient for a criminal indictment. Court -- Judge or body of judges whose task is to hear cases and administer justice. Affirm -- Alternate procedure to swearing under an oath. Custodia Legis -- In the custody of the law; property that has been lawfully taken, by authority of legal process, and remains in the possession of a public officer or an officer of a court empowered by law to hold the property. Abated by Death -- The disposition of a charge due to death of the defendant. Short for office automation, OA is the computer hardware and software that creates, stores, edits, and processes office information to accomplish tasks. Can you be charged with a crime without knowing? BetterCloud. Common Law -- That body of law that was originated in England and was brought to the United States. Not included are investigatory files, police work-product records used solely for police investigation purposes, or records pertaining to nonincarcerable violations of the vehicle laws of the State or of any other traffic law, ordinance, or regulation. 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. Satisfaction -- An entry made on the record by a plaintiff that states that he/she has been paid and the judgment satisfied. If you thought you received a PBJ, check your disposition documents. 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. Minor Offence An offence whose penalty does not exceed imprisonment for a period of three months or a fine of five hundred dollars. If your case is pending in Tarrant County, Texas, CN means consultation docket. The defendant is also advised of right to counsel, referred to the Public Defender, if eligible, and informed that further appearance in court without counsel is deemed to be a waiver of counsel. What are the pros and cons of automation? Attachment -- The process of apprehending a person (as in a body attachment) or seizing property to satisfy a judgment. 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. That means you can tell a cop exactly whats on your mind and, provided you do it in a civil manner and do not cause a public disturbance, it should be a protected form of expression. Office of Federal Procurement Policy. Accused -- The person against whom an accusation is made. Enterprise level. Learn more about the Service of Process. The Clerk's Office maintains a docket sheet for each civil and criminal case filed with the court. Office of Administration. This usually happens if the judge decides there is some legal reason the case cannot go forward to trial. Detinue -- An action for the value of goods. A keypoint is a specific time in the recording when the case was called. prepare their case before trial. Organized documents help you stay calm in court. Transcript The official typed record of hearings, including verbatim witness testimony, lawyers` statements, judge`s decisions, etc., created by the court reporter from stenographic notes or electronic records during the trial. Appellate Jurisdiction -- the authority that a higher court has to review cases decided in a lower court; the Supreme Court of Maryland, Appellate Court of Maryland, and circuit courts have appellate jurisdiction. , as the court purposes only and is not protected by the court a... Warrant being issued for the persons arrest a particular year for each civil and case! 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