Legal Terms and Definitions

Glossary of Legal Terms

Impeachment of witness An attack on the credibility of a witness. Extraordinary writ A writ, often issued by an appellate court, making available remedies not regularly within the powers of lower courts. They include writs of habeas corpus, mandamus, prohibition and quo warranto. Defamation The making of false, derogatory statements about a person's character, morals, abilities, business practices or financial status. (Includes libel, which is written, and slander, which is spoken). Unlawful detainer A detention of real estate without the consent of the owner or other person entitled to its possession. Forcible entry and detainer Ordinarily refers to a summary proceeding for restoring possession of land to one who has been wrongfully deprived of possession Not guilty by reason of insanity The jury or the judge must determine that the defendant, because of mental disease or defect, could not form the intent required to commit the offense. Deposition The taking of testimony of a witness under oath outside of court, usually transcribed in writing by a court reporter, or less frequently, recorded on videotape. Nominal party One, who is joined as a party or defendant merely because the technical rules of pleading require his presence in the record,

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	Mediation may not be the most appropriate avenue for resolution in all cases. For example, it may not be appropriate in cases where: A definitive or authoritative resolution of the matter is required; The matter involves or may bear upon significant questions of Government policy that require additional procedures before a final resolution may be made; Maintaining established policies that apply to many people is especially important; The matter significantly affects persons or groups who are not parties to the process; A full public record of the proceeding is important; or The agency must maintain continuing jurisdiction over the matter with authority to alter the disposition of the matter in light of changed circumstances.