Oct 06, 2015 · Consider hiring an attorney. You have the option of hiring an attorney to make an appearance in court for you. The attorney will relay whatever information you were intending to tell the judge at the hearing. Alternately, an attorney can ask the judge for an extension and cite your personal difficulties.
Jun 05, 2017 · Place a phone call to your attorney, the prosecutor if you are a criminal defendant but not represented by counsel, or the clerk of court. Tell them you cannot appear because of an emergency, then explain the emergency. When the emergency is under control, confirm the fact of the emergency and provide documenting evidence in a letter.
Inadequate Representation. Delma Banks, Jr. was charged in the 1980 murder of Richard Whitehead of Texas. The only evidence against Banks was the testimony of an informant who in exchange for his testimony received $200 and the dismissal of an arson charge that could have resulted in his life sentence as a habitual offender.
C. capital offense - A crime punishable by death. In the federal system, it applies to crimes such as first degree murder, genocide, and treason. case law - The use of court decisions to determine how other law (such as statutes) should apply in a given situation. For example, a trial court may use a prior decision from the Supreme Court that has similar issues.
In the United States, the exclusionary rule is a legal rule, based on constitutional law, that prevents evidence collected or analyzed in violation of the defendant's constitutional rights from being used in a court of law.
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.
Accused: formally charged but not yet tried for committing a crime; the person who has been charged may also be called the defendant.
Judgment: A court decision. Also called a decree or an order. Judgment File: A permanent court record of the court's final disposition of the case.
A lawyer (also called attorney, counsel, or counselor) is a licensed professional who advises and represents others in legal matters. Today's lawyer can be young or old, male or female.Sep 10, 2019
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 the opposite of defendant?plaintiffaccuserclaimantprosecutor
: not criminal noncriminal conduct.
Bar - general term referring to a group of attorneys - example: "The Bar of the 26th Judicial District is active in community issues." Bench - term used to refer to judges or the court - example: "Please approach the bench" refers to approaching the judge. Biological Father – the natural father of a child.
Specialized terminology refers to words that are specific to the legal profession. Some specialized terms originated within the legal system for the purpose of conveying meanings specific to law.
Accused. A person charged with committing a criminal offence or offences. Other words for accused are “defendant” and “alleged offender”.
change of venueJudgment StatusSCOMIS Result CodeEquivalent Fnd/Jdgmt CodeCV(change of venue)CVTR(transferred for sentencing or supervision)TRV(vacated conviction)VIC(INTSTCMPCT – Interstate Compact)IC10 more rows
If you are not represented by an attorney, a failure to appear without notice can be very detrimental to your case. If you are the plaintiff, your case may be dismissed. If you are the defendant, the other party may get a default judgment against you.
If you are scheduled to appear in court but an emergency arises, you need to communicate that you will be absent and the reason for it as quickly as possible. This will both reduce the inconvenience to other people involved in the case, and also keep you out of serious trouble.
Your best course of action if an emergency strikes just before you are supposed to appear at court is to pass on this information as quickly as possible. Place a phone call to your attorney, the prosecutor if you are a criminal defendant but not represented by counsel, or the clerk of court.
The letter should include the case number, as well as the time and place the hearing was scheduled. If you have a medical emergency, it may not be possible for you to telephone. In that case, you or your attorney will need to write to the court, or appear before the court, and explain what happened. With medical records supporting your emergency, ...
If you are a witness and you have not been subpoenaed to appear, your failure to show up may hurt the case of the party you are testifying for, but probably won't get you in legal trouble.
It's a very bad idea to fail to show up in court when you are expected there. If an emergency occurs, you need to let the court know as soon as possible. Exactly how much trouble you will get into by not showing up for a court hearing depends on your role in the matter.
On April 21, 2003 the U.S. Supreme Court accepted Banks' case for review. Wanda Jean Allen. Executed January 2001 in Oklahoma. Wanda Jean Allen was convicted of the murder of her lover. Her lawyer had never tried a capital case. Realizing that he was ill-prepared to try a capital case, Allen's attorney sought to be removed from the case, ...
Despite her substandard representation, the Alabama Supreme Court upheld Haney's death sentence in 1992 and she remains on death row. Troy Lee Jones.
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.
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.
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.
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.
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.
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.
bench trial - Trial without a jury in which a judge decides the facts. In a jury trial, the jury decides the facts. Defendants will occasionally waive the right to a jury trial and choose to have a bench trial. beyond a reasonable doubt - Standard required to convict a criminal defendant of a crime. The prosecution must prove the guilt so that ...
Court Trial: Trial by a judge, rather than by a jury. Crime Victim Compensation Program: Awards money to crime victims and their families for medical, mental health, dental, funeral expenses, lost wages and loss of support. Cross-Examination: Questioning by a party or the attorney of an adverse party or a witness.
Deposition: Testimony of a witness taken, under oath, in response to another party's questions. Testimony given outside the courtroom, usually in a lawyer's office. A word for word account (transcript) is made of the testimony.
Delinquent: In civil or family cases, failing to pay an amount of money when due: In juvenile cases, a child who violated a law, local ordinance, or an order of the Superior Court.
Adult Court Transfer: The transfer of juveniles who are at least fourteen years old to regular criminal dockets in Geographical Area or Judicial District courts. Also involves the transfer from a Juvenile Detention Center to the State Department of Correction.
Adult Probation: A legal status, applied to people 16 years of age and older, who have been convicted of a crime and placed under the supervision of a probation officer for a period of time set by the court.
Alford Doctrine: A plea in a criminal case in which the defendant does not admit guilt, but agrees that the state has enough evidence against him or her to get a conviction. Allows the defendant to enter into a plea bargain with the state. If the judge accepts the Alford Plea, a guilty finding is made on the record.
Amicus Curiae brief: A Latin term meaning “friend of the court.”. An Amicus Curiae brief is filed by someone who is not a party to a case but has an interest in its outcome. A person who wants to file an amicus curiae brief usually has to get the court’s permission to do so.
About appeals; an appellate court has the power to review the judgment of a lower court (trial court) or tribunal. For example, the U.S. circuit courts of appeals review the decisions of the U.S. district courts. Appellee.
Appeal. A request made after a trial by a party that has lost on one or more issues that a higher court review the decision to determine if it was correct. To make such a request is "to appeal" or "to take an appeal.". One who appeals is called the "appellant;" the other party is the "appellee.".
Acquittal. A jury verdict that a criminal defendant is not guilty, or the finding of a judge that the evidence is insufficient to support a conviction. Active judge. A judge in the full-time service of the court. Compare to senior judge.
The legal system that originated in England and is now in use in the United States, which relies on the articulation of legal principles in a historical succession of judicial decisions. Common law principles can be changed by legislation. Community service.
Adversary proceeding. A lawsuit arising in or related to a bankruptcy case that begins by filing a complaint with the court, that is , a "trial" that takes place within the context of a bankruptcy case. Affidavit. A written or printed statement made under oath.
Affidavit. A written or printed statement made under oath. Affirmed. In the practice of the court of appeals, it means that the court of appeals has concluded that the lower court decision is correct and will stand as rendered by the lower court.
Amicus curiae. Latin for "friend of the court.". It is advice formally offered to the court in a brief filed by an entity interested in, but not a party to, the case. Answer. The formal written statement by a defendant in a civil case that responds to a complaint, articulating the grounds for defense. Appeal.
Readable sentences are simple, active, affirmative, and declarative. The more a sentence deviates from this structure, the harder the sentence is to understand. Long, run-on sentences are a basic weakness in legal documents. Legal documents often contain conditions which result in complex sentences with many clauses.
Examples of passive verbs: was received, is being considered, has been selected. The passive voice reverses the natural, active order of English sentences. In the following passive example the receiver of the action comes before the actor. Passive: The regulation [receiver] was written [verb] by the drafter [actor].
The passive voice makes sentences longer and roundabout. Who is responsible is much less obvious. Passive verbs have a form of the verb to be plus the past participle of a main verb. a main verb usually ending in "en" or "ed".
imposes an obligation to act, but may be confused with prediction of future action. will. predicts future action. must. imposes obligation, indicates a necessity to act. must not. indicates a prohibition. should. infers obligation, but not absolute necessity.
The Executive Secretary answers all the correspondence; and ( clause) Writing of monthly reports. ( topic) Parallel construction: To take minutes of all the meetings; To answer all the correspondence; and. To write the monthly reports. 12.
Admissibility of evidence. which evidence can be presented in court. Evidence must be relevant to the case but even some relevant evidence cannot be presented, such as hearsay or evidence of little value. The judge decides whether or not evidence can be used in the case.
Bailee. a person or organisation looking after valuable items to keep them safe for the owner. Bail hostel.
Abatement. cancelling a writ or action; stopping a nuisance; reducing the payments to creditors in proportion, if there is not enough money to pay them in full; or reducing the bequests in a will, in proportion, when there is not enough money to pay them in full. Abduction.
Absolute privilege. a defence which can be used in a case of defamation if the statement from which the defamation arose was : made in Parliament; in fair and accurate news reporting of court proceedings; or. made during court proceedings.
Annual accounts. the summary of an organisation's financial transactions during the year covered by their accounts, and a 'snapshot' of the assets and liabilities at the end of the year. Annual general meeting. the yearly meeting of the members of an organisation which must be held to meet legal conditions.
The bought note shows details of the investments the broker has bought for the client, including the price paid and any commission and duty charged. Breach of contract. failing to carry out a duty under a contract.
It is proof of the legal mortgagee's right to the security. Charges clause. a clause which appears in some contracts and sets out who should pay for certain items.
Consideration (the money or something of interest being exchanged between the parties) Capacity of the parties in terms of age and mental ability. Intent of both parties to carry out their promise. The object of the contract is legal and not against public policy or in violation of law.
For one, a person must be of the age of maturity, and the law sees this as age 18 or older. However, there are times when a minor can enter into a contract. This is true if the contract is for housing, food or things necessary to sustain life.
When two people enter into a contract, six elements must be met. Those elements include: 1 Offer that specifically details exactly what will be provided 2 Acceptance (the agreement by the other party to the offer presented) 3 Consideration (the money or something of interest being exchanged between the parties) 4 Capacity of the parties in terms of age and mental ability 5 Intent of both parties to carry out their promise 6 The object of the contract is legal and not against public policy or in violation of law
Age of maturity is age 18 or older. There are exceptions. If the contract was for food, housing or other things that sustain life, a minor can enter into and be held to the contract terms. Also, if the minor enters into a contract and does nothing to void it until after he turns 18, the contract is enforceable.
Anyone under the influence of alcohol or drugs, meaning intoxicated or influenced by illicit drugs when entering into a contract, can make the contract unenforceable. This includes both voluntary intoxication and the influence of the other party to cause or encourage intoxication. Learning Outcomes.