Legal Terms and Definitions

Glossary of Legal Terms

Testate One who has died leaving a will or one who has made a will. Conditional release A release from custody, which imposes regulations on the activities and associations of the defendant. If a defendant fails to meet the conditions, the release is revoked. Bench trial Trial without a jury in which the judge decides the case Adversary system The system of trial practice in the United States and some other countries in which each of the opposing, or adversary, parties has the opportunity to present and establish opposing contentions before the court Subpoena duces tecum 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. Precedent A rule of law that is established by an appellate court in an earlier case serves as binding precedent in all subsequent similar cases. Counterclaim A claim presented by a defendant in a civil proceeding in opposition to the claim of a plaintiff. Citation An order of the court requiring the appearance of a defendant on a particular day to answer to a particular charge.

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	Did You Know?
	Mediation is a process that involves a mediator Neutral third party who helps the disputing parties achieve a resolution that satisfies both of them. The mediator's primary function is to create constructive communication between parties and provide a forum where disputants can create a mutually satisfactory agreement. Mediators do not impose decisions; instead, they help people craft solutions that will work for them.