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Legal Terms.

Mens rea.
(menz ray-ah) n. Latin for a "guilty mind," or criminal intent in committing the act.

Appearance.
n. the act of a party or an attorney showing up in court.

Conservator.
n. a guardian and protector appointed by a judge to protect and manage the
financial affairs and/or the person's daily life due to physical or mental limitations or
old age.

case law.
n. reported decisions of appeals courts and other courts which make new
interpretations of the law and, therefore, can be cited as precedents.

criminal law.
n. those statutes dealing with crimes against the public and members of the public,
with penalties and all the procedures connected with charging, trying, sentencing
and imprisoning defendants convicted of crimes.

Damages.
n. the amount of money which a plaintiff (the person suing) may be awarded in a
lawsuit.

Deed.
n. the written document which transfers title (ownership) or an interest in real
property to another person.
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Disability.
n. a condition which prevents one from performing all usual physical or mental
functions.

Enjoyment.
n. 1) to exercise a right. 2) pleasure. 3) the use of funds or occupancy of property.
Sometimes this is used in the phrase "quiet enjoyment" which means one is
entitled to be free of noise or interference.

Chattel.
n. an item of personal property which is movable, as distin-guished from real
property (land and improvements).

Accessory
n. a second-string player who helps in the commission of a crime by driving the
getaway car, providing the weapons, assisting in the planning, providing an alibi, or
hiding the principal offender after the crime. Usually the accessory is not
immediately present during the crime, but must be aware that the crime is going to
be committed or has been committed. Usually an accessory's punishment is less
than that of the main perpetrator, but a tough jury or judge may find the accessory
just as responsible.

Action.
n. a lawsuit in which one party (or parties) sues another.

Assignment.
n. the act of transferring an interest in property or some right (such as contract
benefits) to another. It is used commonly by lawyers, accountants, business
people, title companies and others dealing with property.
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Bachelor of Laws.
n. the degree in law from a law school, abbreviated to LLB, which means that the
recipient has successfully completed three years of law studies in addition to at
least three undergraduate years on any subject. Since the early 1960s most
accredited law schools grant a Juris Doctor (JD) degree instead of the LLB. Law
schools which made the switch allowed the prior holders of the LLB to claim the JD
retroactively.

Bias.
n. the predisposition of a judge, arbitrator, prospective juror, or anyone making a
judicial decision, against or in favor of one of the parties or a class of persons.

Bill.
n. 1) what is commonly called a "check" by which the signer requires the bank to
pay a third party a sum of money. This is a holdover from the days when a person
would draw up a "bill of exchange." 2) a statement of what is owed. 3) any paper
money. 4) a legislative proposal for enactment of a law. It is called a bill until it is
passed and signed, at which time it is a law (statute) and is no longer referred to as
a bill. 5) an old-fashioned term for various filed documents in lawsuits or criminal
prosecutions, which is falling into disuse.

Binder.
n. a written statement of the key terms of an agreement, in particular insurance
policies, so that the insured as well as lenders can be assured there is valid and
adequate insurance coverage.

Bona fide.
adj. Latin for "good faith," it signifies honesty, the "real thing" and, in the case of a
party claiming title as bona fide purchaser or holder, it indicates innocence or lack
of knowledge of any fact that would cast doubt on the right to hold title.
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Bond.
written guaranty or pledge which is purchased from a bonding company (usually an
insurance firm) or by an individual as security (called a "bondsman") to guarantee
some form of performance, including showing up in court ("bail bond"), properly
complete construction or other contract terms ("performance bond"), that the
bonded party will not steal or mismanage funds, that a purchased article is the real
thing, or that title is good. If there is a failure then the bonding company will make
good up to the amount of the bond.

Bondsman.
n. 1) someone who sells bail bonds. 2) a surety (guarantor or insurance company,
who/which provides bonds for performance.

Complainant.
n. a person or entity who begins a lawsuit by filing a complaint and is usually called
the plaintiff, or in some cases the petitioner.

Convict.
1) v. to find guilty of a crime after a trial. 2) n. a person who has been convicted of
a felony and sent to prison.

Criminal.
1) n. a popular term for anyone who has committed a crime, whether convicted of
the offense or not. More properly it should apply only to those actually convicted of
a crime. Repeat offenders are sometimes called habitual criminals. 2) adj.
describing certain acts or people involved in or relating to a crime. Examples of
uses include "criminal taking," "criminal conspiracy," a "criminal gang."
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Acquittal
A jury verdict that a criminal defendant is not guilty, or the finding of a judge that
the evidence is insufficient to support a conviction.

Active judge
A judge in the full-time service of the court. Compare to senior judge

Deposition
An oral statement made before an officer authorized by law to administer oaths.
Such statements are often taken to examine potential witnesses, to obtain
discovery, or to be used later in trial. See discovery.

Dischargeable debt
A debt for which the Bankruptcy Code allows the debtor's personal liability to be
eliminated.

Federal public defender.


An attorney employed by the federal courts on a full-time basis to provide legal
defense to defendants who are unable to afford counsel. The judiciary administers
the federal defender program pursuant to the Criminal Justice Act.

Federal question jurisdiction.


Jurisdiction given to federal courts in cases involving the interpretation and
application of the U.S. Constitution, acts of Congress, and treaties.

impeachment.
1. The process of calling a witness's testimony into doubt. For example, if the
attorney can show that the witness may have fabricated portions of his testimony,
the witness is said to be "impeached;" 2. The constitutional process whereby the
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House of Representatives may "impeach" (accuse of misconduct) high officers of


the federal government, who are then tried by the Senate.

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