Legal Glossary

A trial declared invalid by the court because of a fundamental error in the proceedings or the inability of the jury to reach a verdict.

Facts and conditions which do not constitute a justification or excuse for an offense but which may be considered as reducing the degree of blame or fault.

A doctrine that requires an injured party to take reasonable precautions to limit damages resulting from a tort or breach of contract.

Latin: “We send.” A writ to commit an offender to prison or to direct the transfer of records from one court to another.

Latin: “Manner of operation.”

A legal controversy rendered pointless because of a subsequent event; a theoretical or hypothetical issue.

A lien on real property to secure the performance of some obligation which is discharged upon payment or performance as required. Compare, DEED OF TRUST.

One to whom the obligation on a mortgage or deed of trust is owed.

The maker of a mortgage or a deed of trust; the one who owes the obligation on a mortgage.

A formal application to the court seeking an order or relief.

A day designated by a court to hear motions.

A request for judgment based solely on the face of the pleadings.

A request that a vague or ambiguous pleading to which a response is permitted be made more definite and specific.

A request that the court force an opposing party to cooperate in discovery.

A request to correct clerical mistakes in judgments or orders, or to seek relief from a final judgment, order or proceeding from errors such as fraud, newly discovered evidence, misrepresentation, etc.

A request by the clerk or a party which, if granted, requires the plaintiff to deposit monies with the court to be used to pay the costs of the action if the plaintiff should not prevail.

A request to dismiss a case on the basis that the plaintiff would not be entitled to relief even if all the facts alleged in the complaint were proved true.

A request that the court delete from a pleading any insufficient defense or material which is redundant, immaterial, impertinent or scandalous.

A request in a criminal case to keep certain facts or evidence from being brought out at trial.

A request made by a party or the deponent during the taking of a deposition that the court end or restrict an examination that is being conducted in bad faith or in a manner calculated merely to annoy, embarrass or oppress.

Multiple litigation against a single defendant involving the same legal issue.

A statutory court with jurisdiction to hear and determine, without a jury, all cases charging municipal ordinance violations and state misdemeanor laws made offenses against the municipality.

Murder is defined under Miss. Code Ann. Section 97-3-19(1). Generally, it is a deliberate or depraved killing of a human being without legal excuse or justifiable cause. Compare, KILL.

Latin: “Let him not go out.” A writ prohibiting a particular person from leaving the jurisdiction of the court.

A failure to act as a reasonably prudent person would act under similar circumstances.

Negligence as a matter of law.

Negligence of a degree so great that it shows a reckless disregard for the safety or rights of others.

An adult who, in the absence of an appointed guardian, sues on behalf of an infant or incompetent person.

Latin: “Nothing.” A thing of no value.

Opinion of the grand jury that evidence is insufficient to warrant the finding of an indictment. Compare, TRUE BILL.

A method of resolving disputes without considering the issue of fault.

Latin: “I am unwilling to prosecute.” A formal dismissal of a criminal indictment. Such, though, does not bar a subsequent indictment for the same offense.

Latin: “I will not contest it.” A plea whereby the defendant neither admits nor denies guilt, but instead accepts a judgment of guilt by choosing not to contest the allegations underlying the charge. Mississippi does not allow nolo contendere pleas in felony cases.

A small and trivial sum awarded for a technical injury due to a violation of some legal right.

Latin: “Not of sound mind.”

Latin: “It does not follow.” An unwarranted or illogical conclusion.

Failure to join a party needed for a just adjudication.

Withholding adjudication of guilt of an eligible defendant pursuant the statutory requirements.

Failing to perform a legal duty.

A plaintiff’s voluntary dismissal of a lawsuit prior to an adjudication on the merits.

A bonded public officer who may administer oaths and affirmations, receive the proof or acknowledgment of all instruments of writing relating to commerce and navigation, and such other writings as are commonly proved or acknowledged before notaries.

Notification to a party or witness as required by law.

A written notice by the landlord demanding the tenant to quit the premises.

Latin: “Nothing collected.” A form of return by a sheriff or constable upon an execution when a judgment debtor has no seizable property within the jurisdiction.

Latin: “Now for then.” To supply omissions in the record of what had previously been done, but for reasons of mistake or neglect had not been entered.

A sworn pledge, e.g., an oath to tell the truth prior to giving testimony.

Protocol for requesting the trial court to rule on the admissibility of a particular question, statement, or exhibit.

One charged or convicted of a crime under the laws of the State.

A violation of a criminal law.

A formal offer to take an adverse judgment conditioned upon certain specified terms.