Legal Terms and Definitions

Glossary of Legal Terms

Dependent child A child who is homeless or without proper care through no fault of the parent, guardian, or custodian. Evidence Testimony, records, documents, material objects, or other things presented at a trial to prove the existence or nonexistence of a fact. Witness One who testifies under oath to what he/she has seen, heard or otherwise observed. Statute of limitations The judgment formally pronounced by the court upon the defendant after conviction in a criminal prosecution, imposing the punishment to be inflicted. Premeditation The planning of a crime preceding the commission of the act, rather than committing the crime on the spur of the moment. presentment In felony cases, the first appearance before a judge at which the defendant is formally notified of the charges and a date is set for a preliminary hearing. No plea is entered at this stage. If, after the preliminary hearing, the case is bound over to the District Court, the defendant will enter a plea during arraignment in District Court. (Presentment is often incorrectly called arraignment.) Discovery The process through which parties to an action are allowed to obtain relevant information known to other parties or nonparties before trial Inadmissible/incompetent evidence Information that is so unreliable it cannot be admitted under the established rules of evidence.

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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.