Legal Glossary

A conference held by the court in a civil action for the purpose of: fixing the issues to be tried; establishing a plan and schedule of discovery; setting limitations upon discovery, if any; and determining such other matters, including the allocation of expenses, as are necessary for the proper management of discovery in the case.

Procedure that concludes a civil action prior to a trial on the merits. A voluntary dismissal is ordinarily without prejudice. An involuntary dismissal, unless otherwise specified in the court order, is ordinarily with prejudice.

Procedure that allows clerk, upon proper notice to the attorneys of record, to move for the dismissal of a civil action in which there has been no action for twelve months. A subsequent dismissal by the court is without prejudice.

A dismissal that operates as an adjudication upon the merits of the case. Such precludes a refiling of the claim.

A dismissal that does not operate as an adjudication upon the merits. Such does not preclude a refiling of the claim.

Offensively disruptive behavior constituting a breach of the public peace and safety.

Apportionment and division of an intestate’s estate to the rightful heirs after payment of the estate’s debts and charges.

Unauthorized use of funds.

See, PRETRIAL INTERVENTION PROGRAM.

Legal termination of a marriage.

A chronological log of activities maintained by the clerk on each civil action or criminal case.

An animal that is customarily owned or used by people.

An official record, or entry in it, kept within the United States or any state, district, commonwealth, territory, etc.

One’s primary place of abode and to which, upon a departure therefrom, there is a present intention of returning.

Constitutional protections prohibiting: a second prosecution after acquittal; a second prosecution after conviction; and multiple punishments for the same offense. In Mississippi, jeopardy attaches when a jury is empaneled and sworn, or for a non-jury trial, when the first witness is sworn.

Any substance recognized or designated as a drug by law. Such would include controlled substances and over-the-counter medicines.

Rules of procedure necessary to ensure a fair and just trial.

Latin: “During life.”

A structure where one lives or where one intends to live.

A right or interest in real property for use of a particular purpose, e.g., a right of way. It may be created by grant, implication, or prescription.

A civil action to recover possession of land and damages from one in unlawful retention.

Latin: “Of the same kind.”

Discovery of data and information stored electronically.

Documents filed in an electronic format.

Electronic communications conveyed to an addressee by means of a computer or like device.

Power of a governmental entity, subject to the award of due compensation, to take the real property of a private owner for public use. Compare, CONDEMNATION.

A case heard by the full court.

To issue an order that requires or prohibits certain conduct.

An order for cause shown enlarging the period of time an act is required or allowed to be done.

Law enforcement inducing a person to commit a crime even though such person was not originally predisposed to do so. Entrapment is an affirmative defense.

A default entered by the clerk when a party against whom a judgment is sought has failed to plead or otherwise defend the action. Such precedes a default judgment.

Doctrine that forbids one who, by words or conduct, induced another to detrimentally rely upon a material fact from later taking a contrary position.

That system of justice which was administered by the high court of chancery in England. Courts of equity proceed according to equitable rules and principals not available to courts of law, e.g., the clean hands doctrine, laches, etc.

One who escapes from lawful incarceration, confinement or custody.

Reversion of property to the state when a person dies without any heirs.

Conditional delivery of something to a third party to be held until the occurrence of some event or the performance of some act.

The total interest one has in real and personal property.

Latin: “And others.”

Latin: “And the following.”

Latin: “And wife.”

Latin: “And husband.”

Civil action to remove the tenant from the premises.

Proof such as testimony and tangible objects offered during a trial or hearing for the purpose of proving or disproving some fact. See also, CIRCUMSTANTIAL EVIDENCE; CONCLUSIVE EVIDENCE; CORROBORATING EVIDENCE; DIRECT EVIDENCE; EXPERT TESTIMONY; HEARSAY; OPINION TESTIMONY BY LAY WITNESSES; PHYSICAL EVIDENCE.

Latin: “From a contract.” Rights and claims arising from a contract.

Latin: “From a wrong.” Rights and claims arising from a tort.

Latin: “On the court’s own motion.” A phrase often occurring in grants, charters, etc.

Latin: “By virtue of the office.”

Latin: “By one side.” Proceeding in which only one party is being heard.

Latin: “After the fact.”

Latin: “By or on the relation of.” Often connotes legal proceedings instituted by the attorney general or other appropriate person in the name of the state on information and at the instigation of a private individual.