The Law Dictionary for Everyone
In a legal context, the term peremptory refers to a decisive challenge with no opportunity given for debate, denial, or refusal. A peremptory challenge may be used by either party to a legal action in the jury-selection phase, to dismiss a potential juror without stating a reason. Other peremptory orders may be made by the court, such as setting a […]
Read moreThe Latin term nunc pro tunc translates literally to “now for then.” This term is commonly used in the U.S. legal system to signify that a court ruling or order applies retroactively to a ruling made at an earlier date. The most common use of nunc pro tunc is to correct clerical errors, or accidental omissions made by the court […]
Read moreDismissed with prejudice means that a civil lawsuit has been dismissed based on merits of the case after a judgement has been issued. When a case is dismissed with prejudice, the plaintiff is barred from filing a lawsuit on the same issue at a later date. To explore this concept, consider the dismissed with prejudice definition. Definition of Dismissed with […]
Read moreA preliminary hearing takes place during the criminal court process soon after the defendant has been criminally arraigned. During the preliminary hearing, a judge determines whether there is enough evidence to order the defendant to stand trial. The judge makes this decision based on a probable cause standard, meaning whether the prosecutor presents enough evidence to convince reasonable people on […]
Read moreBefore a trial can begin, a jury of the defendant’s peers must be selected. A pool of prospective jurors is called to the courthouse on a specified date and time, where they are questioned by the attorneys representing the parties, as well as the judge. The purpose of this questioning is to choose jurors who are unlikely to have already […]
Read moreInjunctive relief, also known as an “injunction,” is a legal remedy that may be sought in a civil lawsuit, in addition to, or in place of, monetary damages. Rather than offering money as payment for a wrong in a civil action, injunctive relief is a court order for the defendant to stop a specified act or behavior. To explore this […]
Read moreThe legal term demurrer refers to a written response to a civil lawsuit which asks the judge to dismiss the case as, even if the facts complained of by the Plaintiff in the lawsuit were true, there is no legal basis for a lawsuit. A demurrer requires that a hearing be held so that both sides to the dispute may […]
Read moreTort law refers to the set of laws that provides remedies to individuals who have suffered harm by the unreasonable acts of another. The law of tort is based on the idea that people are liable for the consequences of their actions, whether intentional or accidental, if they cause harm to another person or entity. Torts are the civil wrongs […]
Read moreA witness is a person who testifies under oath at a trial, or in a deposition, regarding experiences of which he or she has personal knowledge. A witness gives a supervised recital of things he or she experienced, whether by sight, hearing, smell, or other sensory perception. A witness may voluntarily offer such information in a legal matter, or may […]
Read moreWhile most people associate the term warrant with a legal document that allows police to search a specified place, the term actually has a more general meaning. A warrant is a written authorization, issued by a judge or magistrate, that permits a specified act that would otherwise be illegal, as it would otherwise violate a citizen’s rights. The warrant, sometimes […]
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