Non-appearance: Occurs when a defendant fails to appear in court proceedings, as indicated by the date and time of the summons. This usually leads to failure (see above). n. any trial before a judge or other judge (for example, a hearing officer or judicial commissioner) without a jury, in which evidence and/or arguments are presented to resolve a question of fact or both questions of fact and law. While technically a trial with a judge sitting without a jury fits the definition, a hearing generally refers to short sessions that deal with a particular issue at some point before the trial itself, or to specialized procedures such as administrative hearings. In criminal law, a “preliminary hearing” is held before a judge to determine whether the prosecutor has presented sufficient evidence that the accused committed a crime to bring him or her to justice. Usury – The collection or collection of an unreasonably high or illegal interest rate on borrowed money. An order of the United States The Supreme Court orders the lower court to provide records of a case it will hear on appeal. Evidence presented by a witness who has not seen or heard of the incident in question, but has heard about it from someone else.
With few exceptions, hearsay is generally not admissible as evidence in the Real Estate trial (see also Real Estate) – Legal ownership of land and buildings (as opposed to ownership of movable property such as cars or money). Mechanic`s Privilege – A legal claim on real estate to secure a debt for work done on that property or materials delivered to that property and not paid. Legal advice: A recommendation of a particular course of action that a person should take in an actual or potential legal proceeding. Mitigation – A legal principle that requires an aggrieved party to take steps to avoid aggravating the harm caused by a defendant. Administrative Complaint – Review by a trial court of a decision by a state or local agency or commission to review legal or procedural errors. Negligence – Legal injustice caused by a party`s failure to take reasonable steps to avoid harming another person. Variance – A legal exemption from a zoning requirement granted by a zoning committee or other government agency to address special or unique circumstances faced by a property owner. A landlord with a zoning or deviation problem should contact a real estate attorney. Terminate the claim; Also Quitclaim Deed – Legally transferring all property rights that a person has over the land, without specifying what those rights are or guaranteeing that these rights exist. An act of waiver has a different legal language than a warranty and offers the recipient less protection against claims by others. A person who is concerned about an act of receipt should contact a real estate attorney.
Written statement from a judge on the court`s decision. Since a case may be heard by three or more judges of the Court of Appeal, opinion may take various forms in appeal decisions. If all the judges agree fully on the outcome, one judge writes the opinion for all. If not all judges agree, the formal decision is based on the opinion of the majority, and a member of the majority will write the opinion. Judges who disagreed with the majority may formulate separate dissenting or concurring opinions to express their views. A dissenting opinion disagrees with the majority opinion because of the reasoning and/or legal principles used by the majority to decide the case. A concurring opinion agrees with the majority opinion`s decision, but offers further comments or clarifications, or even a completely different reason for reaching the same conclusion. Only the majority opinion can serve as a binding precedent in future cases.
See also previous. Appearance: to attend a scheduled hearing, either in person, by mail, online, by telephone or by webcam. Mayor`s Court – A low-level court in a city, usually to hear and decide traffic cases. Deletion – A legal proceeding to remove a previous criminal conviction from an individual`s permanent record. Ohio has a law that sets out the requirements for expansion. Hearing – A court case in which lawyers or parties present legal evidence or arguments, or both, so that a court has enough information to make a decision. An action brought by a plaintiff against a defendant based on a claim that the defendant failed to comply with a legal obligation that caused harm to the plaintiff. Living Will – A legal document that gives your family and/or doctors instructions about your preferences in case you can`t make health decisions for yourself.
The legal system that originated in England and is now used in the United States is based on the articulation of legal principles in a historical succession of judicial decisions. Common law principles can be changed by statute. Probation (community control) – The legal supervision of a criminal accused after a conviction, in which the defendant does not go to jail or jail, but is allowed to remain free under strict conditions of behavior. Pro se – Representing oneself in court without a lawyer. Some courts, such as Small Claims Court, encourage parties to present their arguments. Anyone who has a case in municipal courts, general grievances, family relations, or federal courts should seek the services of a lawyer because of the risk of committing a legal error that harms their case. French, which means “on the bench”. All the judges of a court of appeal sit together to hear a case, contrary to the usual decision of the three-judge chambers. In the Ninth Judicial Circuit, a bench jury consists of 11 randomly selected judges. Court of Record – A court with sufficient authority and stature to make legal and binding decisions.
A court proceeding in which a question of law or fact is heard and evidence is presented to decide the issue. Remedy – A legal correction to a problem, such as a judgment ordering a party to pay another amount of money, or an order ordering a party to do or not do certain things. Lawyer – A person with special training in law and judicial procedure who is authorized to represent others in legal proceedings, prepare legal documents, and provide legal advice. ABSOLUTE DIVORCE: the definitive dissolution of a marriage. Both parties are legally free to remarry. In criminal law, the constitutional guarantee that an accused receives a fair and impartial trial. In civil law, the legal rights of a person who is confronted with an adverse act that threatens liberty or property. Small Claims Court – A specialized court, part of the district court, to hear and decide cases under $6,000 where parties can represent themselves.
Agency representative: an employee of the municipal agency that drafted the summons or notice. That person shall provide the Agency`s evidence and legal arguments to the Hearing Officer. This person may or may not be the official who wrote the subpoena/notice. Seizure – A post-judgment court case in which property (cars, bank accounts, personal property, etc.) is seized by government officials in payment of a debt. Recourse – A legal principle that allows a person (usually an insurance company) who pays money or benefits to an aggrieved party to recover some or all of these payments when the offender who caused the damage pays a settlement or judgment. Alternative Dispute Resolution (ADR) – The use of legal methods other than litigation to resolve disputes or court proceedings. These methods include mediation, arbitration and summary jury trials. A juror chosen in the same way as a regular juror who hears all the evidence but does not assist in deciding the case unless asked to replace a regular juror. In addition to this dictionary, the Ohio Supreme Court now has an online dictionary of legal terms. You can access this dictionary by clicking here.
Affidavit – A document that establishes certain facts and has been signed under oath by the person who swears the accuracy of the facts. There may be legal penalties for making a false affidavit. Assignment – Legally transferring property or other rights to another person or entity. For example, a mortgage can be assigned from one bank to another. AUDIENCE, CRIM. The questioning of a prisoner accused of a felony or misdemeanour and witnesses for the prosecutor. 2. The judge shall carefully examine all or so many of the witnesses against him that he is satisfied that there are sufficient grounds to convict the prisoner and that the case should be investigated in court and that the prisoner should be brought to trial. If, after the questioning of all these witnesses, the alleged offence is not established or if it is established that the accused is not a criminal, the judge is obliged to release the prisoner.
(3) If the judge is unable to close the hearing due to lack of time or the absence of a witness, the judge may postpone the hearing to another day and, in the case of bail offences, either withdraw the detainee`s bail for his appearance on that day or require him to attend a new hearing.