Legal Glossary

Procedures allowing a higher court to review alleged errors committed at the trial court level.

One who appeals a decision or judgment to a higher court.

Of or relating to appeals.

One against whom an appeal is taken.

Pertinent to time, place or occasion.

Latin: “For the sake of argument.”

Procedure whereby a criminal defendant comes before the court to hear the charge and to enter a plea.

Taking into custody a person to answer accusations of criminal conduct.

A writ issued by a judge, based upon probable cause, to a law enforcement officer to take into custody the person named in it.

1. Civil. An intentional and unlawful attempt or threat, either by words or acts, to inflict injury upon another. 2. Criminal. Simple and aggravated assault are defined under Miss. Code Ann. Section 97-3-7.

One to whom an assignment is made.

Voluntary transfer of rights to property.

One who makes an assignment.

Latin: “He promised.” An action for the recovery of damages for the nonperformance of an implied contract.

Legal process by which property is seized and brought within the custody of the court to secure satisfaction of a judgment.

The formal authentication of an act or instrument by a subscribing witness or an official.

Doctrine that requires a landowner to exercise reasonable care in maintaining an inherently dangerous instrumentality if such is easily accessible to trespassing children.

Proof of extrinsic evidence as a condition precedent to admissibility to ensure that a matter in question is what its proponent claims it to be.

Procedure that automatically delays the execution or enforcement of a civil judgment until the expiration of ten days after the later of its entry or the disposition of a motion for a new trial.

Acting in the right of another.

A formal assertion stating a claim or defense.

Lack of honesty; intentional dishonest action.

An action against an insurer alleging that the insurer acted without reason and fair dealing in refusing to pay an insured’s claim.

Security required by the court to guarantee the defendant’s presence at trial.

A contract between a licensed surety and the defendant for the payment of bail.

One who receives personal property under a bailment.

A court attendant whose primary duties include keeping order in the courtroom and attending to the jury.

An express or implied contract for the storage or safekeeping of personal property.

One who delivers personal property under a bailment.

The place where a court regularly conducts judicial business.

An English trial lawyer. Compare, SOLICITOR.

An illegitimate person; one born out of wedlock.

Legal proceeding that requires the trial court to determine whether the exercise of a peremptory strike was purposefully discriminatory.

1. Civil. Any unlawful and willful use of force or violence on the person of another. 2. Criminal. Simple and aggravated assault are defined under Miss. Code Ann. Section 97-3-7.

Process issued by the court itself for the arrest of someone.

To give personal property to another by a will.

A gift of personal property by a will; a legacy.

Primary proof, as distinguished from secondary; original as distinguished from a copy; applied only to documents, never to testimony.

Proof to the exclusion of every reasonable hypothesis except that of guilt.

Latin: “Two-pronged.” A trial or hearing separated into distinct phases, usually as to issues of guilt and punishment, to safeguard against undue prejudice or otherwise ensure justice.

The initial pleading in former Mississippi chancery practice. See, COMPLAINT.

1. An appellate record, especially of a judgment or decision of municipal authorities. 2. A formal statement of objections to be included in the record.

To hold an accused for action by the grand jury after a finding at a preliminary hearing that there is probable cause to believe that the accused committed a crime.

Directions to the jury that if it finds certain conditions to be true, it must find for the plaintiff or the defendant, as the case may be.

A website where the author writes about subjects such a news, politics, or the legal system; it is displayed in reverse chronological order.

Latin: “In good faith.” Genuine.

The physical limits of a parcel of real estate as described in a deed; a property line.

An agreement by and between adjacent landowners fixing the property line.

A failure without legal excuse to perform any promise which forms the whole or part of a contract.

A document presented to the court that contains facts and law supporting a client’s position.