Legal Glossary

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.