Legal Terms and Definitions

Glossary of Legal Terms

Due process The guarantee of due process requires that no person be deprived of life, liberty, or property without a fair and adequate process. In criminal proceedings (as well as juvenile) this guarantee includes the fundamental aspects of a fair trial, including the right to adequate notice in advance of the trial, the right to counsel, the right to confront and cross-examine witnesses, the right to refuse self-incriminating testimony, and the right to have all elements of the crime proven beyond a reasonable doubt Ex post facto After the fact, ordinarily used in reference to constitutional prohibition on ex post facto laws. For example, a person cannot be punished for conduct committed before a criminal law was enacted Domicile That place where a person has his true and permanent home. A person may have several residences, but only one domicile Restraining order Court-ordered payment to restore goods or money to the victim of a crime by the offender. Sentence An order issued by a judge or magistrate commanding a sheriff, constable, or other officer to search a specified location. 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). Court reporter A court official who records testimony and arguments, and transcribes it into a permanent record of all court proceedings. Dissent A term commonly used to denote the disagreement of one or more judges of a court of appeals with the decision of the majorityA term commonly used to denote the disagreement of one or more judges of a court of appeals with the decision of the majority

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	Did You Know?
	The mediation process may vary depending on the mediator. Generally, mediations commence with a general session with all parties, counsel and the mediator. At the general session, there will be a discussion of the case, the issues on appeal and other matters important to settlement. Then the mediator will meet separately with each party and their counsel in separate "caucuses." In these separate sessions, the mediator will seek to foster negotiations between the parties and develop agreement.