Legal Terms and Definitions

Glossary of Legal Terms

Pleading The formal allegations by the parties of their respective claims and defenses. Punitive damages Lawyers regularly employed by the government to represent people accused of crimes who cannot afford to hire their own. The term may also be used to refer to a private firm receiving public money to defend indigent criminal defendants. Cross-examination The questioning of a witness by the lawyer for the opposing side. This may be done by leading questions, questions that suggest the answer. Plea-bargaining A process whereby the prosecutor and defense attorney negotiate a mutually satisfactory disposition of the case. The court and the defendant must approve of any settlements. For example, a guilty plea may be exchanged for a lesser charge or a sentencing recommendation, or for dismissal of one or more of the charges in multi-count information, or for dismissal of another case. Willful A "willful" act is one done intentionally, as distinguished from an act done carelessly or inadvertently. Law and motion A setting before a judge at which time a variety of motions, pleas, sentencing, orders to show cause or procedural requests may be presented. Normally, evidence is not taken. Defendants must be present. Appellate jurisdiction The appellate court has the right to review and revise the lower court decision. Multiplicity of actions Numerous and unnecessary attempts to litigate the same issue.

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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.