Jury Trial: Often referred to as "trial by jury," this is a trial in which a jury hears the facts of a case and renders a verdict based on the facts presented to them. Justice s : The term used for judges of the Supreme Court. Libel: Harmful remarks, made in writing, that might injure a person's reputation could also be in a picture, sign, etc.
Slander refers to the same type of remarks that are made verbally. In both cases, the remarks must be false and the person who makes the oral or written remarks must know those remarks are untrue. Litigants: Parties to a case; the persons involved in a lawsuit. Litigation: To contest in a legal proceeding; a case is tried in court. Lower court: The county or city court where a case starts. The proper name for this is the" trial court.follow url
Appealable Orders and Judgments in Civil Cases- FAQs
Majority opinion: An opinion that is signed by more than half of the judges considering a case. Sometimes it is called the "main opinion. Mandamus: A command. A party may file a Petition for Writ of Mandamus asking the Indiana Supreme Court to order a judge or trial court to do something. Mandate of Funds: The Supreme Court reviews an order by a special judge that requires the county commissioners to fund court operations or other court related functions. Mandate of funds are typically ordered when a county executive branch does not provide adequate funding to its local judicial branch.
Mediation: A way to settle a dispute instead of going to trial in which an impartial party called a mediator helps the parties reach a compromise or common ground. Medical malpractice: A case involving a doctor's alleged failure to provide care at an acceptable level.
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Memorandum Decision: The written decision of the court including the reasons for the decision and the facts on which the decision was based. This type of decision is binding on the parties involved; however, it cannot be cited as authority in other cases. Motion: The procedure by which a party asks the appellate court to do something or to permit one of the parties to do something. For example, a party may ask the court for an extension of time to prepare a brief. Movant: The party asking the court for something.
This is usually done in the form of a motion to the Court. Non-Majority Opinion: An opinion attached to a majority opinion or dispositive order and may be concurring or dissenting. Not Liable: Where a person is not responsible or legally obligated. Notice of Appeal: A document that initiates an appeal and is filed with the Clerk of the appellate courts and served on the trial court and opposing parties within 30 days after the final judgment is noted in the Chronological Case Summary. Opinion: A court's written discussion of the legal issues raised by a court case and the court's decision about those issues.
Memorandum decisions, also known as "not for publication" decisions, may be published online but do not establish precedent. There are different types of opinions issued by the court, see also concurring , dissenting and majority opinion. Oral argument: The presentation of information before an appellate court that states a party 's position and the reasoning behind it. Either the appellants or the appellees may request to make oral arguments before the court.
The court does not have to agree to hear oral arguments; they may feel that the written record is sufficient. On the other hand, they may request that the representatives of each party present oral arguments. Original Action: A request by a party asking the Supreme Court to order a lower state court to perform an act required by law or to stop acting in a way the law does not allow.
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Ordinances: Laws passed by the legislative body of a municipal city corporation; ie. Pauper Status: A party without the financial resources to pay all of the court fees and costs, and to whom the court grants permission to proceed without paying all the fees and costs. See also Indigent. Peremptory Challenge: A request by an attorney for either side to disqualify a juror; the attorney does not have to give a reason for his request.
The number of peremptory challenges varies depending on the kind of case.
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Attorneys are also allowed to request that a juror be dismissed for cause. Petition for a Writ of Certiorari: A document filed to request that the United States Supreme Court review a decision made by a state supreme court or a U. Court of Appeals. Petition for Rehearing: A document filed that points out errors in an appellate court opinion and requests that the same court that issued the opinion reconsider its decision.
Petition to Transfer: A document file to request that the court accept jurisdiction over a case. Plaintiff: The party who starts a lawsuit, or in criminal cases , the prosecutor acting on behalf of the State of Indiana.
Plea: Defendant's response to a criminal charge for example: " guilty " or "not guilty". Plea Bargaining: Negotiations between a defense attorney and a prosecutor in which a guilty plea is exchanged for either a lesser charge or a lesser sentence. Post-Conviction Relief: The procedure where a defendant in a criminal case can argue that the conviction or sentence was made in violation of the Constitution, that the court which sentenced him was without the authority to do so, or that the sentence imposed exceeds the maximum sentence in the statute, among other things.
A Petition for Post-Conviction Relief is filed in the trial court and the final judgment can be appealed to the appropriate appellate court. Probate Court: A trial court that handles cases involving the administration of the estates of people who have passed away, guardianships, and mental health hearings. Pro se : A Latin term to describe a person, not represented by an attorney, who is representing himself or herself in a case.
Prosecution: In criminal cases , it is the state government that initiates the case; they are referred to as the prosecution. In a civil case the person who initiates the case is called the plaintiff. Prosecutor: The public official elected in each county to conduct criminal prosecutions on behalf of the state or people. Public Defender: An attorney appointed by and paid by the government to represent people accused of crimes who cannot afford to hire their own lawyers.
Last Judgment - Wikipedia
Punitive damages: Punitive damages are awarded in addition to actual damages when the intent is to punish the guilty or liable party for an action. They are generally awarded when it has been determined that the defendant acted with recklessness, malice, or deceit. Question of Fact: A question that depends on an examination of factual matters. Such questions are usually decided by a jury , and are generally NOT considered on appeal. Question of Law: A question that depends on an examination of law rather than fact.
Such questions are decided by a judge rather than by a jury , and are often examined on appeal. Remand: To return a case from an appellate court back to the lower court that made the first decision in order to correct an error or modify the decision. Remit: The court's reduction of the damages awarded in a jury trial.
Reply Brief: In an appeal , a second brief filed by the appellant in response to the legal arguments made in the brief of the appellee. Relator: The party in whose behalf writs are filed, issued, or ordered. Reverse: To set aside or cancel a judgment or decision by making a contrary decision.
Paragraph a , as originally adopted, made no change in the prior rule except to permit the petition to be duplicated in the same manner as a brief see Rule instead of always being printed.
The petition is to be filed within 30 days, subject to an extension of time under paragraph e. Paragraph a was amended in by adding subparagraph 2 , denominating as subparagraph 1 what was formerly entire paragraph a , and making appropriate changes in the headings. Subparagraph 2 , together with Rule b 2 v , also added in , abrogates the ruling in Keen v.
Davis , Ill. Revised Rule b 2 v makes it clear that the absence of a final judgment is not a bar to review of all the rulings of the trial court on the post-trial motions. See the Committee Comments to that rule. In , paragraph a 1 was amended by adding subparagraphs i , ii , iii , and iv , expanding the instances in which appeals could be sought in the appellate court. Also in , subparagraph a 2 was amended to make it clear that post-trial motions are before the reviewing court without the necessity of filing a cross-appeal only when the appellate court has granted a petition for leave to appeal an order granting a new trial.
In , paragraph a 1 ii was amended to permit a party to seek leave to appeal from a circuit court order allowing or denying a motion to transfer a case to another county within Illinois on the grounds of forum non conveniens. See Torres v. Walsh , 97 Ill. Paragraph b was amended in to reflect changes in Rule that eliminated the requirement that a praecipe for record be filed.
Paragraph c provides that there shall be no reply except by leave. Paragraph e is a general provision for extensions of time and does not change the practice in existence at the time of the adoption of the rule.