(Also known as Examination in Aid of Enforcement of Judgment; formally known as Supplementary Proceeding in aid of enforcement of judgment.). Exclusive jurisdiction jurisdiction of a single court for the nature of the case. The defendant is also advised of right to counsel, referred to the Public Defender, if eligible, and informed that further appearance in court without counsel is deemed to be a waiver of counsel. . Preliminary Hearing -- A hearing held in the District Court, unless waived by defendant, to determine whether there is probable cause to believe the defendant committed the offense(s); available when offense(s) charged are not within the exclusive jurisdiction of the District Court. Appellate Court -- A court having jurisdiction to review the judgment or order of a lower court. Pretrial Release -- The release by a judicial officer of a defendant, prior to trial, under conditions that the judicial officer feels will reasonably assure the defendants appearance as required. Your point headings serve both organizational and persuasive functions: they. A stay of execution is a legal term that refers to the postponement of a court-ordered punishment or sentence. Not included are investigatory files, police work-product records used solely for police investigation purposes, or records pertaining to nonincarcerable violations of the vehicle laws of the State or of any other traffic law, ordinance, or regulation. Subpoena Duces Tecum -- (Trans: bring it with him) -- A writ commanding a witness to appear and produce documents or papers in court that are relevant to a case. Detinue -- An action for the value of goods. Extradition -- The surrender by one state to another of an individual accused or convicted of an offense outside its own territory and within the territorial jurisdiction of the other which, being competent to try and punish him, demands the surrender. Settling such points is half of the equation in conducting litigation ? If you do not have the disposition sheet, contact your lawyer or go to the Clerk's office and look at the file. A party who fails to comply with a court order in civil proceedings. In a common law system, the opinions of the courts are the law by which all disputes are resolved. (See: Prosecutor on file) Appeal Review of a case in a higher court. Non-issue. Search -- A written order by a judge directed to a peace officer and commanding him to search for and seize property as described therein. To be spoken to: This describes a matter which is returning for another administrative appearance to update the court on where the matter is going, how it is progressing, and what is preventing it from being resolved by a plea, withdrawal, or trial. Pardon -- Relief from a conviction (full pardon) or from any further punishment imposed by a conviction (particular pardon) granted by an executive official (governor or president). Cross-examination -- Examination of one partys witness by the other party. Hicks Waiver -- Waiver of the defendants right to a speedy trial, which is 180 days from the defendants initial appearance, in person or by attorney. Lawyer A person who is admitted to court and provides legal advice. (See: Prosecutor on file) True Copy Test A copy of a court document issued under the seal of the court clerk, but not certified. Stet A conditional stay of any subsequent proceedings in a case. prepare their case before trial. The court must impose a fine in all cases, unless the defendant can establish that he or she is unable to pay a fine and is not likely to become able to pay any fine. Appellant -- The party who takes an appeal from one court to another. Clerk -- An officer of the court who maintains case files, makes docket entries, issues process, and generally serves as the ministerial arm of the court. Statute -- An act of the General Assembly declaring, commanding, or prohibiting something. Examination in Aid of Enforcement of Judgment -- A request by plaintiff (judgment creditor) to discover the assets of a defendant (judgment debtor) after entry of judgment. Arrest -- A written order by a judicial officer directed to a peace officer and commanding him to arrest the body of a person named in it who is accused of an offense. De novo appeal An appeal by a district court to a district court for a new trial in which new evidence may be presented and new decisions made. Prosecuting Attorney or Prosecutor -- A public officer whose duty is the prosecution of criminal proceedings on behalf of the citizens of the state; most often refers to a States Attorney or Assistant States Attorney but, for some crimes, can be the State Prosecutor or Attorney General. Prayer for a Jury Trial -- Request of a defendant in certain cases to be tried by a jury. 12 of the Revised Rules states that a motion to dismiss is a prohibited pleading except when it raises any of the following grounds: (1) the courts lack of jurisdiction over the subject matter of the claim; (2) the pendency of another action between the same parties for the same cause; and (3) the cause of action is . Moot -- Issue previously decided or settled. An important witness in criminal proceedings. Change of Venue -- The transfer or removal of a civil or criminal case from one judicial district to another. The . Res Gestae -- Things done; rule under which a remark made spontaneously and concurrently with an incident carries an inherent degree of credibility and is admissible because of its spontaneous nature (excited utterance); an exception to the hearsay rule. Due to circumstances beyond anyone`s control, some cases may need to be postponed. Distress or Distraint -- Seizure; taking personal property out of the custody of a wrongdoer and into the custody of the party injured; for example, distress is a remedy for failure to pay rent. Shielded Record - A record or information in a record removed from public inspection by a judge or commissioner. Writ of Garnishment of Property -- An order of court commanding that a defendants assets be seized and the money paid to the plaintiff to satisfy a judgment. means an original application filed under sub-section (1) of section 19 of the Act; (h) order sheet means the daily recording of the proceedings in an O.A., S.A., application under section 31-A of the Act, Misc. Although judges may be addressed with other titles, the proper salutation for a judge is your honor in all cases, and by all people involved in the court system. Court Records -- All official records maintained by the clerk or other personnel pertaining to any criminal action or proceeding for expungement, including indices, docket entries charging documents, pleadings, memoranda, assignment schedules, disposition sheets, transcriptions of proceedings, electronic recordings, orders, judgments, and decrees. ), Criminal (?cr?) Part of a video titled How to Read a Case: And Understand What it Means YouTube, Which is better bmw x5 or range rover sport. Most often asked questions related to bitcoin! Tort (Trans: twisted) -- An injury or damage to person/or property for which the person who caused the injury is legally responsible. Minor Offence An offence whose penalty does not exceed imprisonment for a period of three months or a fine of five hundred dollars. Service -- Delivery of a writ, notice, injunction, etc., by an authorized person, to a person who is thereby officially notified of some action or proceeding in which the person is concerned. Bail -- A sum of money or other form of security given to the court in exchange for the release of the accused from custody and to guarantee that the accused will appear in court. How long can you be held in jail without being convicted? Burden of Proof -- The necessity of proving facts at issue in Maryland, the criminal burden of proof is beyond a reasonable doubt; the civil burden of proof is by a preponderance of the evidence, or sometimes by clear and convincing evidence.. Maryland Code, Criminal Procedure, Article, 10-107 defines two or more criminal or incarcerable traffic charges arising from the same incident, transaction, or set of facts as a "unit." Any charges for minor traffic violations that arise from the same incident, transaction, or set of facts are not part of the "unit." A lawsuit that has already commenced in court may need to be continued until a problem or scheduling conflict is resolved. . Garnishee -- A person holding the property or assets of a judgment debtor. Process -- Any written order issued by a court to secure compliance with its commands or to require action by any person and includes a summons, subpoena, an order of publication, or a commission of other writ. Appeal Bond -- A type of bond set by the court and filed by the appellant until the cause can be passed upon and disposed of by the superior court. Disposition -- Determination of the final arrangement or settlement of a case following judgment. When reading a case you should be noting various pieces of information, in particular: the case name; the citation; the court deciding the case; what was the issue in the case; what decision did the court reach in the case; and how did the court arrive at its decision. Return -- The act of a sheriff, constable, or other ministerial officer in delivering back to the court a writ, notice, or other paper which he was required to serve or execute with a brief account of his doings under the mandate, the time and mode of service or execution or his failure to accomplish it, as the case may be. Default -- The failure to appear, to defend, or to follow proper procedure in a lawsuit. Exclusive Jurisdiction -- Jurisdiction held by only one court over the type of case. The 48-hour rule states that someone cannot be held in custody for longer than 48 hours from the time of arrest unless the judge has signed a complaint, making an initial determination that there is probable cause for the charge, or unless the judge finds there is probable cause to detain the person for a longer period . Crime -- A positive or negative act in violation of penal law; an offense against the state classified either as a felony or misdemeanor. Presumption -- An inference of the truth or falsehood of a proposition or fact that stands until rebutted by evidence to the contrary. The court record of a current proceeding is to be erased back to Key point 2, i.e., all pleadings after that (higher key point dates). Transcript -- The official typed record of court proceedings, including the word for word testimony of witnesses, statements by attorneys, rulings by the judge, etc., prepared by the court reporter from stenographic notes or electronic recording made during the proceeding. So, in the case of O.A., the Bank is the Applicant & in case of S.A., the Bank is the Defendant. Opinion -- The statement of the courts decision in a case, setting out the reasons for the decision. They make mistakes periodically. Peace Officer -- A person charged with the duty to enforce and preserve the public peace. Osteoarthritis Medical Orthopaedic and more, Office of Administration Academic & Science Ocean Science and more, Olympic Airways Business Companies & Firms, Ordinary Accounts + 1 variant Business, Singapore, Fund, Ordinarys Accounts Business, Singapore, Investment. Enterprise level. This answer is being given for general informational purposes only and is not protected by the attorney-client privilege since this is a public forum. Which is better bmw x5 or range rover sport, Your arguments must make logical sense. Judges consider relevant opinions in making their decisions. Custody -- The detainment of a person by virtue of lawful process or authority; actual imprisonment. District Court -- Lowest State trial court; a court of limited jurisdiction. A story has five basic but important elements. An attorney can assist you with evaluating the prosecutions case, any defenses that you might have, and any plea offer that might be made, so that you can decide whether to plea bargain or go to trial. Writ -- A written order issued by a court and addressed to a sheriff or other person whose action the court desires to command to require performance of a specified act or to give authority to have the act done. Admission The voluntary acknowledgement of the existence of facts relevant to an opponent`s case. Mediation -- A form of alternative dispute resolution in which a trained neutral person, a mediator, helps people in a dispute to communicate with one another, understand each other, and if possible, reach agreements that meet the participants needs. An indicator of the equipments reliability that is calculated for all machines, lines or cells. Replevin (Trans: to make good, to satisfy) -- To recover the possession of goods or property unlawfully taken or detained. The law deals with two kinds of cases. How long can you be detained without charges? A case type represents work in your application that follows a life cycle, or path, to completion. If held pending trial, your lawyer can file a Writ of Habeas Corpus. Line (Praecipe) (Trans: command) -- A written request by an attorney entering his/her appearance, for the client before the court. Also contains an order of the judge who determined the courtroom or administrative proceeding. Many people charged with a crime wonder whether a jury or judge can convict you without physical evidence? Expungement -- The effective removal of police and/or court record from public inspection. (See: Counsel). Justification A trial ordered by a person to appear in court and explain why a particular order, judgment or order should not be enforced. Judge Can be a judge of any court in that state, but more often than not will be a judge of the court that issued the documents you have in front of you or a judge of the court that has jurisdiction over the case before you. Recall -- Cancellation by the court of a warrant before its execution by the arrest of the defendant. Nolle Prosequi (Nol Pros) (Trans: to be unwilling to proceed) -- A formal motion in a case by the States Attorney, indicating that the charges will not be prosecuted. Writ of Habeas Corpus -- A court order compelling a Warden/Sheriff to bring a prisoner before a court at a specific date and time, most frequently to determine whether the prisoner is being held lawfully. Interrogatories -- A set of written questions for the purpose of discovery. Alford Plea A special type of admission of guilt in which the accused does not admit guilt but admits that the state has sufficient evidence to convict; Usually done to avoid the threat of a higher sentence. Another, more macabre, reason is that someone has died, gotten seriously injured, or fallen gravely ill. Case types assigned by the Court include Civil (?cv? Discovery ensures that both parties in the proceedings can: obtain proper advice on their chances of success; and. Court A judge or group of judges whose job is to hear cases and administer justice. The Court does not dispute that, in some cases, . Hunter Biden asked a judge to deny his 4-year-old daughter from taking his surname claiming it's a lightning rod for criticism and would rob the child of a "peaceful existence.". Jury Trial Prayer -- A case that was originally filed in the District Court, but for which a trial by jury in the Circuit Court is requested. Restitution -- The act of making good or giving equivalent of any loss, damage, or injury. Duis nec vestibulum magna, et dapibus lacus. First Judges Case (1982) - SC held that consultation does not mean concurrence; Gave Primacy to Executive; Second Judges Case (1993) - Court reversed its earlier ruling by changing the meaning of consultation to concurrence. Pending -- Cases that are awaiting further action. Admission -- The voluntary acknowledgement of the existence of fact facts relevant to an adversarys case. Immunity from Prosecution -- Protection from prosecution in exchange for testimony that might not otherwise by forthcoming. Respondent - The alleged perpetrator in a domestic violence case. Enforcement -- Action taken to obtain compliance with a court order. What are the pros and cons of automation? A point of law is a theoretical legal concept that refers to the application of principles of law to particular facts. In summary, a hearing being vacated means that the court has determined that the original hearing was invalid and has reversed its decision. Satisfaction -- An entry made on the record by a plaintiff that states that he/she has been paid and the judgment satisfied. Presentence Investigation Report (PSI) -- A confidential report ordered by the judge and produced by the division of parole and probation prior to sentencing, to provide background information (job, finances, family status, community ties, etc.) Stet (Trans: to stand) -- A conditional stay of all further proceedings in a case. Tracking Number -- The assigned 12-digit number that identifies the defendant and incident throughout criminal proceedings; the number identifies the year (first 2 digits), the origin of the charging document (next 4 digits), and the place of the charge(s) within the sequence of changes issued that year (last 6 digits). Action -- All the steps by which a party seeks to enforce any right in a court or all the steps of a criminal prosecution. Any attorney may object to a question asked of a witness on the stand or the admission of an exhibit if s/he feels that it does not follow a rule of evidence. Capital Case -- A criminal case in which the allowable punishment includes death. Can someone be convicted without evidence? Sub Curia (Trans: under law) -- An action of the court ordering a matter to be held pending resolution due to a legal requirement (a procedure, rule or statutory requirement that prevented the finality of the matter). Judgment -- The final order of the court; in a criminal case, the conviction and sentence constitute the judgment, so there is no judgment until sentence is imposed. 1 attorney answer It just means that something happened in connection with his case on that date. Conviction -- The determination of guilt based on a plea, a jury verdict, or a finding of a judge. Waiver of Fees -- An action for an order permitting a person to obtain a good or service without having to pay the standard fee. The purpose of this bond is to assure that the appellant will prosecute his appeal and will appear in court. Bench Warrant -- A warrant issued by a judge for the arrest of a defendant for failure to appear in court as required. If you are a victim or witness in the case and have left the court before the trial has ended and would like to know the outcome of the case, you can contact the person who asked you to come to court. CN. 3. Lorem ipsum dolor sit amet, consectetur adipiscing elit. What does JM mean in court? The answer to that question is yes. What does TR mean in court? Typically defendants enter one of the following pleas: guilty, not guilty, or nolo contendere. CR in a case number means it is a criminal case. Release of Lien -- The cancellation of record of a Declaration of Trust or other recorded security instrument given to secure a bail bond that has been discharged. Bill of Particulars -- A demand by a defendant in writing, unless otherwise ordered by the court, seeking specific factual details about a civil complaint or criminal charge; in a criminal case, the purpose of the bill of particulars is to guard against the taking of an accused by surprise by limiting the scope of the proof. A praecipe is a legal writ issued either to the clerk of a court or to a person in whom the court has an interest. Witness Someone who testifies to what they saw, heard or otherwise observed and who is not necessarily a party to the lawsuit. The application guides you through a series of questions called an "interview." Dismissal -- Rules provide for both voluntary and involuntary dismissals. 3. Petty Offense -- An offense the penalty for which does not exceed imprisonment for a period of three months or a fine of five hundred dollars. Order - The decision of the court on an application, objection or other matter relating to a preliminary point or stage of the proceedings. Organized documents help you stay calm in court. Count -- A separate charge in a charging document or separate cause of action in a civil complaint. A claim by one party against a co-party. What is a point heading in a legal brief? Person -- Any individual, partnership, joint stock company, unincorporated association or society, municipal or other corporation, the State, its agencies or political subdivisions, or any other governmental entity. Judgment should be read full and complete: One should remember that the judgment should be read right from the statement of facts/brief facts narrated in the case law (for understanding the facts on which the petitioner/appellant has knocked the doors of the Court); What does Held concluded mean in a court case? Complaint, Criminal -- A charge brought before a judicial officer that a person named has committed a specified offense. Public Defender -- Counsel provided at public expense, primarily to defend indigent defendants in criminal cases. Probable Cause -- Information given to a judicial officer that is sufficient in itself to warrant the issuance of a charging document. Sentence -- The judgment of court after conviction awarding punishment. If you haven`t been able to prove your case, the judge may allow you to gather the missing evidence and go to another hearing. Venue -- The geographical division in which an action or prosecution may be brought for trial. Vestibulum ante justo, volutpat quis porta diam. Quash -- To set aside or to make void; with respect to process, such as a summons or subpoena, to void on motion of the person served. Abated by Death -- The disposition of a charge due to death of the defendant. 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