Legal Terms and Definitions

Glossary of Legal Terms

Conditional release A release from custody, which imposes regulations on the activities and associations of the defendant. If a defendant fails to meet the conditions, the release is revoked. Garnishment A court order to take part of a person's wages, before he gets them, and apply the amount taken to pay a debt owed to a creditor Fifth Amendment Among other rights, the Fifth Amendment to the U.S. Constitution guarantees that a person cannot be compelled to present self-incriminating testimony in a criminal (or juvenile) proceeding. Bail In criminal cases, a sum of money posted by or on behalf of a defendant to guarantee his appearance in court after being released from jail Malpractice A lawsuit brought against a professional person, such as a doctor, lawyer or engineer, for injury or loss caused by the defendant's negligence in providing professional services. Escrow Writing, deed, money, stock, or other property is given to a third person to hold until all conditions in a contract are fulfilled. Habeas corpus Latin phrase meaning "you have the body"; a civil proceeding used to review the legality of a prisoner's confinement in criminal cases. Habeas corpus actions are commonly used as a means of reviewing state or federal criminal convictions. The petitioner alleges the convictions violated state or federal constitutional rights. State habeas proceedings start in state District Court; federal habeas proceedings start in federal District Court. Lower court decisions may be appealed to appellate courts. Recidivism Evidence given to explain, contradict, or disprove facts offered by the adverse party. In criminal cases, the state has the opportunity to rebut the defendant's case because it has the burden of proof.

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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.