Legal Terms and Definitions

Glossary of Legal Terms

Criminal insanity Lack of mental capacity to do or abstain from doing a particular act; inability to distinguish right from wrong. Foundation In a trial, a foundation must be laid to establish the basis for the admissibility of certain types of evidence. For example, expert witnesses' qualifications must be shown before expert testimony will be admissible. Hung jury A jury that cannot agree on a final verdict. If a jury is hung, the court declares a mistrial and the case may be re-tried. res judicata Literally, "a thing that speaks for itself." In tort law, the doctrine, which holds a defendant guilty of negligence without an actual, shows that he or she was negligent. Its use is limited in theory to cases in which the cause of the plaintiff's injury was entirely under the control of the defendant, and the injury presumably could have been caused only by negligence. Declaratory judgment One which declares the rights of the parties or expresses the opinion of the court on a question of law, without ordering anything to be done. Civil case A lawsuit brought to enforce, redress, or protect private rights or to gain payment for a wrong done to a person or party by another person or party. In general, all types of actions other than criminal proceedings. presentence report An investigation conducted at the request of the court after a person has been found guilty of a crime. The purpose is to provide the court with extensive background information to determine the appropriate sentence. On felonies, usually done by the Department of Corrections, Division of Adult Probation & Parole (AP & P). Accessory A person who assists in the commission of a crime, either before or after the fact.

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	Did You Know?
	Mediation may not be the most appropriate avenue for resolution in all cases. For example, it may not be appropriate in cases where: A definitive or authoritative resolution of the matter is required; The matter involves or may bear upon significant questions of Government policy that require additional procedures before a final resolution may be made; Maintaining established policies that apply to many people is especially important; The matter significantly affects persons or groups who are not parties to the process; A full public record of the proceeding is important; or The agency must maintain continuing jurisdiction over the matter with authority to alter the disposition of the matter in light of changed circumstances.