what is the legal term for lack of an attorney

pro se - A Latin term meaning "on one's own behalf"; in courts, it refers to persons who present their own cases without lawyers. prosecute - To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government. public defenders - Represent defendants who can't afford an attorney in criminal matters.

Full Answer

What is the meaning of attorney?

Attorney general: The chief law officer of a state or of a nation. Attorney-in-fact : An individual who is authorized by a written document to act for another. The individual need not be an attorney and the written document is often called a Power of Attorney.

What does it mean for a lawyer to be disbarred?

F. federal question - Jurisdiction given to federal courts in cases involving the interpretation and application of the U.S. Constitution, acts of Congress, and treaties. In some cases, state courts can decide these issues, too, but the cases can always be brought in federal courts. felony - A crime carrying a penalty of more than a year in prison.. file - To place a paper in the official ...

What is the role of a lawyer in the workplace?

Jan 25, 2022 · Most areas of the law focus on a specific discipline, and elder law attorneys focus on a specific type of person. The main purpose of an elder law attorney is to help aging Americans to legally navigate through the issues of life that arise simply because of age. They can offer legal guidance and counseling on preparing for long-term care ...

What do you call a letter of attorney?

civil law: 1) A generic term for all non-criminal law, usually as it applies to settling disputes between private citizens or entities. 2) A body of laws and legal concepts derived from Roman law instead of English common law. (English common law is the basis of state legal systems in the U.S., with the exception of Louisiana.)

What is inadequate representation?

“Inadequate legal representation” can have major consequences for a criminal proceeding. Basically, if the legal representation is not adequate, it may actually justify the court throwing out a verdict of guilty. This may require the case to be entirely retried.May 1, 2018

What does legally indigent mean?

Impoverished, or unable to afford the necessities of life. A defendant who is indigent has a constitutional right to court-appointed representation, according to a 1963 Supreme Court decision, Gideon v. Wainright.

What is it called when a defendant Cannot afford lawyer?

When a court decides someone is "indigent" - with few assets and no funds to pay an attorney - generally either a private lawyer will be appointed by the court and paid with county funds, or a public defender program will be appointed to represent the person.

What level of incompetence is necessary for ineffective assistance of counsel?

objective standard of reasonablenessTo prove ineffective assistance, a defendant must show (1) that their trial lawyer's performance fell below an "objective standard of reasonableness" and (2) "a reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different." Strickland v.

What is an indigene?

a person, animal, or plant that is native to a region; autochthon.

Who are considered indigent?

To this category belong persons who have no visible means of income, or whose income is insufficient for family subsistence, as identified by the Department of Social Welfare and Development (DSWD), based on specific criteria.

What is the significance of the 6th Amendment?

The Sixth Amendment guarantees the rights of criminal defendants, including the right to a public trial without unnecessary delay, the right to a lawyer, the right to an impartial jury, and the right to know who your accusers are and the nature of the charges and evidence against you.

What is counsel de officio?

WHAT IS A COUNSEL DE OFFICIO? > A counsel de officio is the counsel appointed by the court to represent and defend the accused in case he cannot afford to employ one himself.

What is meant by the term Exclusionary Rule?

The exclusionary rule prevents the government from using most evidence gathered in violation of the United States Constitution. The decision in Mapp v. Ohio established that the exclusionary rule applies to evidence gained from an unreasonable search or seizure in violation of the Fourth Amendment.

Which of the following is an example of ineffective counsel?

Examples of ineffective, or deficient assistance by a counsel include the following: Not enlisting experts to challenge the prosecution's physical evidence. Not investigating the prosecution's witnesses. Failure to investigate alibi's or alibi witnesses.May 25, 2017

What is insufficient counseling?

Ineffective assistance of counsel is a claim asserted by a criminal defendant that his or her defense attorney failed to perform in a reasonably competent manner. This violates the right to effective counsel (and thus a fair trial) as guaranteed by the Sixth Amendment to the U.S. Constitution.

What is an example of ineffective assistance of counsel?

In other wrongful conviction cases, examples of ineffective assistance of counsel have included failing to interview alibi witnesses at the defendant's workplace (as in California Innocence Project exoneree Rafael Madrigal's case), deciding not to conduct DNA testing on evidence, and not reporting a conflict of ...

What is acceptance in UCC?

Acceptance – An unambiguous communication that the offer has been accepted. For contracts controlled by the UCC, contracts involving the sales of goods need not mirror the offer’s terms. For other contracts, the acceptance must mirror the offer’s terms without omitting, adding, or altering terms.

What is the difference between satisfaction and accord?

A way to discharge a claim whereby the parties agree to give and accept something in settlement of the claim that will replace the terms of the parties’ original agreement. Accord is the new agreement; satisfaction is performance of the new agreement.

What is an adjudication?

Adjudication - Judgment rendered by the court after a determination of the issues. Ad Litem - A Latin term meaning “for the purpose of the lawsuit.”. For example, a guardian “ad litem” is a person appointed by the court to protect the interests of a minor or legally incompetent person in a lawsuit.

What is an appeal in civil court?

Appeal - An application to a higher court for review of an order of conviction or of a civil judgment against a party.

What is an appeal bond?

Appeal Bond - A sum of money posted by a person appealing a judicial decision (appellant). Appearance – (1) The formal proceeding by which a defendant submits to the jurisdiction of the court. (2) A written notification to the plaintiff by an attorney stating that s/he is representing the defendant.

What is an arrest warrant?

Arrest Warrant – An order by a judge that gives permission for a police officer to arrest a person for allegedly committing a crime. Assault - Threat to inflict injury with an apparent ability to do so. Also, any intentional display of force that would give the victim reason to fear or expect immediate bodily harm.

What is bail in court?

Bail - Cash or surety posted to procure the release of a defendant in a criminal proceeding by insuring his/her future attendance in court, and compelling him/her to remain within the jurisdiction of the court.

What is an adjustment in insurance?

Adjustment: A settlement of a claim, often involving the determination of a mutually agreeable compromise sum. Administrator: The personal representative of a deceased person's estate. Also, a manager. Adopt: To take as one's own; to approve, such as adopting a law.

What is an adverse interest?

Adverse interest: Interest that displaces one's own interest, partially or completely. Adversely: Negatively affecting one's interest, right or position. Advise: To counsel; to give advice; to give notice. Advocate: An attorney; one who gives legal advice and pleads for a client in a lawsuit.

What is an ancestor?

Ancestor: A person from whom one is descended; a progenitor. (Specifically, a parent, grandparent, great-grandparent, etc.) Ancillary administration: A proceeding in a locality where a deceased person owned property, but which is a different locality from the one in which the estate is being administered.

What is the meaning of appearance in court?

Appearance: The actual presence in court of the defendant and plaintiff in a suit. (By making an appearance, the parties to the suit place themselves within the authority of the court.) Appellate court: A court with the authority to review the handling and decision of a case tried in a lower court.

What is an applicant in a court case?

Applicant: Someone who files a petition or makes an application; a petitioner; a person who applies for a legal remedy to his problem. Appraisal: An evaluation of the worth of property. When ordered by a court, such estimation of value may be carried out by one or more reputable, qualified, disinterested parties.

What does "assign" mean in a lease?

Assign: Transfer to another. In the context of a lease, the transfer by a lessee to another person of all of the lessee's interest in the leased property; an assignment differs from a sublease in that a sublease does not transfer all of the lessee's rights in the property. Assignable: Negotiable; transferable.

What is investment bond?

An investment bond is a promise by the issuing company to repay a loan/investment at the end of a term, plus interest. Bonus: A commission; money paid by an employer to an employee as a reward for good performance; an extra dividend; money paid by a mortgagor to a mortgagee for prepayment of a mortgage debt.

What is the appellant in a lawsuit?

To make such a request is "to appeal" or "to take an appeal.". Both the plaintiff and the defendant can appeal, and the party doing so is called the appellant. Appeals can be made for a variety of reasons including improper procedure and asking the court to change its interpretation of the law.

How many judges are in a court of appeals?

Refers to court sessions with the entire membership of a court participating, rather than the usual quorum. U.S. courts of appeals usually sit in panels of three judges, but may expand to a larger number in certain cases they deem important enough to be decided by the entire court.

How many people are on a federal criminal jury?

Federal criminal juries consist of 12 persons. Federal civil juries consist of six persons. plaintiff - The person who files the complaint in a civil lawsuit. plea - In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges in open court.

What is an affidavit in court?

affidavit - A written statement of facts confirmed by the oath of the party making it. Affidavits must be notarized or administered by an officer of the court with such authority. affirmed - Judgment by appellate courts where the decree or order is declared valid and will stand as decided in the lower court.

Is Nolo contendere a plea of guilty?

nolo contendere - No contest. Has the same effect as a plea of guilty as far as the criminal sentence is concerned, but the plea may not be considered an admission of guilt for any other purpose. Sometimes, a guilty plea could later be used to show fault in a lawsuit, but the plea of nolo contendere forces the plaintiff in the lawsuit to prove that the defendant committed the crime.

What is the power of an appellate court?

appellate - About appeals; an appellate court has the power to review the judgment of another lower court or tribunal. arraignment - A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.

What is bail in criminal law?

bail - Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.

What does "it's all Greek to me" mean?

You’ve probably heard the metaphor, “It’s all Greek to me,” when someone doesn’t understand or is totally flummoxed by a subject or situation. The law is “Greek” to many people: it’s frequently misunderstood and legal terminology is misused by most people.

Is intentional tort a crime?

An intentional tort may also be a crime, such as battery, fraud or theft. Tort law is one of the largest areas of civil law. wobbler: Sometimes referred to as a “felony wobbler,” a wobbler is a crime that can be classified as either a felony or a misdemeanor.

What do paralegals need to know?

As a paralegal you will need to become familiar with legal terms and especially familiar with terms used in the field of law you end up working in. Should you work for a public defender, prosecutor or criminal defense attorney you will be dealing with more terms relating to criminal law.

What is administrative law?

administrative law: The area of law that concerns government agencies. cause of action: The reason for which a plaintiff files a complaint or suit against someone. This can be negligence, breach of contract, malpractice or defamation, to name a few.

What is compensatory damages?

(English common law is the basis of state legal systems in the U.S., with the exception of Louisiana.) compensatory damages: Damages that are recovered for injury or economic loss.

What is a demurrer in law?

demurrer (dee-muhr-ur): A formal response to a complaint filed in a lawsuit, pleading for dismissal and saying , in effect, that even if the facts are true , there is no legal basis for a lawsuit. Examples include a missing necessary element of fact, or a complaint that is unclear.

What is a felony in the US?

felony: A serious crime punishable by death or at least one year in a state or federal prison. Felonies include arson, rape, perjury and homicide. When theft is involved, the value of that which was stolen determines whether the offense is considered a misdemeanor or felony.

What is a lawyer?

A person admitted to practice law in at least one jurisdiction and authorized to perform criminal and civil legal functions on behalf of clients. These functions include providing legal counsel, drafting legal documents, and representing clients before courts, administrative agencies, and other tribunals. Unless a contrary meaning is plainly ...

What does "attorney general" mean?

a person legally appointed or empowered to act for another. More specifically, in the USA, a lawyer qualified to represent clients in legal proceedings; sometimes attorney-at-law. Sometimes used by politicians as short for ATTORNEY GENERAL.

What is the privilege of an attorney?

Certain discourse between attorney and client is protected by the Attorney-Client Privilege. In the law of evidence, the client can refuse to divulge and prohibit anyone else from disclosing confidential communications transmitted to and from the attorney.

Do you have to pass the bar exam to practice law?

With few exceptions, a person must pass the bar examination of that state in order to be admitted to practice law there. After passing a bar examination and practicing law for a specified period, a person may be admitted to the bars of other states, pursuant to their own court rules.

What does "qualified" mean in law?

n. 1) an agent or someone authorized to act for another. 2) a person who has been qualified by a state or Federal court to provide legal services, including appearing in court. Each state has a bar examination which is a qualifying test to practice law.

What is an attorney in court?

An officer in a court of justice, who is employed by a party in a cause to manage the same for him. Appearance by an attorney has been allowed in England, from the time of the earliest records of the courts of that country.

What is the name of an attorney?

The name of attorney is given to those officers who practice in courts of common law; solicitors, in courts. of equity and proctors, in courts of admiralty, and in the English ecclesiastical courts. 10. The principal duties of an attorney are, 1. To be true to the court and to his client; 2.

What does "de minimis" mean?

de jure corporation. n. a corporation in good standing under the law, as compared to a de facto corporation which is acting while not fulfilling legal requirements. de minimis. adj. (dee-minnie-miss) Latin for "of minimum importance" or "trifling.".

What is a declaration of mailing?

n. a form stating that a particular document has been mailed to a particular person or persons (such as opposing attorneys or the clerk of the court) and declaring the truth of that fact "under penalty of perjury," and signed by the person in the law office responsible for mailing it.

What are the types of damages?

There are many types of damages. Special damages are those which actually were caused by the injury and include medical and hospital bills, ambulance charges, loss of wages, property repair or replacement costs ... dangerous.

What does "dangerous" mean?

dangerous. adj. unsafe, hazardous, fraught with risk. It can be negligence for which a lawsuit can be brought if damage results from creating or leaving unguarded a dangerous condition which can cause harm to others, a dangerous instrumentality (any device which can cause harm, including explosives and poisono...

What is a slingshot?

n. any gun, knife, sword, crossbow, slingshot or other weapon which can cause bodily harm to people (even though used for target shooting). If a person is harmed by such a weapon that is left unguarded, improperly used, or causes harm even to a person who plays with it without permission, the victim... date rape.

What is date rape?

n. forcible sexual intercourse by a male acquaintance of a woman, during a voluntary social engagement in which the woman did not intend to submit to the sexual advances and resisted the acts by verbal refusals, denials or pleas to stop, and/or physical resistance .

What is a declarant?

n. the person making a statement, usually written and signed by that person, under "penalty of perjury" pursuant to the laws of the state in which the statement, called a declaration, is made. The declaration is more commonly used than the affidavit, which is similar to a declaration but requires ta...