Legal Glossary

An error which warrants the appellate court to reverse the judgment of a lower court; reversible error.

A hearing conducted pursuant to Rule 6 of the Mississippi Rules of Criminal Procedure for determining whether there is probable cause to believe that a felony has been committed and probable cause to believe that the defendant committed it. A defendant who has been indicted by a grand jury is not entitled to a preliminary hearing.

A premarital contract that operates in the event of divorce or death. Such are enforceable in Mississippi provided there is fairness in execution and full disclosure.

Evidence which is of greater weight than that offered against it; more probable than not.

A written report submitted to the court prior to sentencing that consists of an offender's criminal, educational, and social history. It also contains other pertinent information, such as victim impact statements.

An instruction presented by a grand jury for an indictment to be drawn.

The judge who directs, controls or regulates the proceedings in a court.

A presumption that the law expressly directs to be made from particular facts in the absence of contrary evidence.

A child born after the making and publishing of a will but who is still entitled to a share of the testator’s estate.

A conference held by the judge and attorneys prior to trial for the purpose of considering various ways to expedite or resolve the case.

1. Civil. One who authorizes another to act as an agent. 2. Criminal. One who is primarily responsible for a crime.

Latin: “For himself.” Self-representation; representing oneself without the assistance of an attorney.

Latin: “For so much.”

Latin: “For the time being.”

Standard for issuing an arrest warrant or search warrant upon reasonably trustworthy information regarding criminal activities or contraband.

The act or process of proving the validity of a will and disposing of the estate.

A period of time whereby a defendant is not incarcerated but must abide by certain terms and conditions imposed by the court. See also, SUPERVISED PROBATION; UNSUPERVISED PROBATION.

The form and manner of conducting judicial business.

Formal procedures a court uses to acquire or exercise jurisdiction over persons or property, e.g., a summons or subpoena.

One employed to deliver a summons, subpoena or other document.

Evidence that process has been returned.

Something, such as land or an item, which one has the right to own, possess, and use.

1. Domestic relations. An order issued by the chancery, circuit, or county court to bring about the cessation of abuse of the petitioner, any minor children, or any person alleged to be incompetent. 2. Discovery. An order issued by the court to protect a party or witness from discovery abuses.

A necessary element in proving negligence that is comprised of two distinct concepts: “cause in fact” and “foreseeability.”

One who is elected or appointed to any office or position where the salary or fee of such office or position is paid by the State or any political subdivision.

Damages awarded to punish the wrongdoer.

Latin: “A query.” Questions; doubt.

Exemption from civil liability for public officials acting within the course and scope of their employment.

Quantity; amount.

To annul or make void.

Latin: “One thing for another.” A fair exchange.

Decree validating the title to real property.

A deed that conveys, without warranty, whatever title, interest, or claim the grantor may have in the described real property. Compare, SPECIAL WARRANTY DEED.

Latin: “By what authority.” A statutory mechanism for trying, among other things, a person’s right to political office.

Land and generally anything affixed to land or erected upon it.

A particularized and objective basis for suspecting criminal activity sufficient to justify an investigatory stop.

One appointed by the court to take and manage the property or money which is the subject matter of litigation.

A short break ordered by the court during the course of the trial.

When one knows that a risk of emotional distress probably would result from one’s conduct, and then disregards that risk and the harm that may occur as a result.

Driving a vehicle in such a manner as to indicate either a wilful or a wanton disregard for the safety of persons or property.

1. The act of filing a written instrument. 2. A complete transcript of all trial proceedings, along with any pleadings and exhibits. Compare, ABSTRACT OF RECORD.

See, COUNTERCLAIM.

To remove text from a document, such as personal information; to edit.

The buying back or repurchasing of something, e.g., the redemption of property by paying off the mortgage.

Questioning of one’s own witness at trial after the opposing side has finished its cross-examination.

The correction or modification of written documents to make them conform to the original intent of the parties.

1. The discharge of a particular right or claim. 2. Procedures under Rule 8 of the Mississippi Rules of Criminal Procedure governing the release of a defendant from custody pending trial.

A future interest in a life estate or estate for years.

To send back for further action consistent with the accompanied directives or instructions, e.g., a remand for new trial.

Latin: “It is sent back.” A court order reducing the amount of damages awarded by the jury.