Legal Terms and Definitions

Glossary of Legal Terms

Abstract of record A short, abbreviated form of the case as found in the record. Change of venue The removal of a suit begun in one county or district to another for trial, or from one court to another in the same county or district. In criminal cases, for example, a change of venue will be permitted if the court feels the defendant cannot receive a fair trial where the court is located. Certification Generally used to refer to the process of transferring a minor's case from the Juvenile Court to the adult court for trial. Usually reserved for capital or first-degree felonies or for chronic offenders. Referral Follows cross-examination, and is conducted by the party who first examined the witness. Calendar A court's list of cases for arraignment, hearing, trial or arguments. Competency A witness's ability to observe, recall and recount under oath what happened. Criminal defendants must also be competent to stand trial; they must understand the nature of the proceedings and have the ability to assist their lawyers. Parole A procedure in which a parole board releases a convict on good behavior before the maximum sentence expires. Default Occurs when a defendant fails to respond to the plaintiff's complaint within the time allowed, or fails to appear at the trial. The court may then enter a default judgment

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	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.