Legal Terms and Definitions

Glossary of Legal Terms

Circumstantial evidence All evidence of an indirect nature. Testimony not based on actual personal knowledge or observation of the facts in controversy. Et seq An abbreviation for et sequentes, or et sequentia, "and the following," ordinarily used in referring to a section of statutes. Battery Actual physical violence, whether serious or minor, inflicted on a person. (A mere threat is called assault, whereas the completed act is called battery). 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 Costs An allowance for expenses in prosecuting or defending a suit. Ordinarily this does not include attorney fees. Double jeopardy Common law and constitutional prohibition (5th Amendment) against more than one prosecution for the same crime En banc A proceeding in which the entire membership of an appellate court participates in the decision, rather than leaving the decision to a smaller "panel" of the court's members. In Utah, the Court of Appeals is prohibited from sitting en banc. 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.

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	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.