Legal Glossary

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.

Standard of requisite proof necessary to prevail on the merits of the case. Criminal law requires proof beyond a reasonable doubt. Civil law ordinarily requires proof by a preponderance of the evidence.

Breaking and entering the dwelling house or inner door of such dwelling house of another, whether armed with a deadly weapon or not, and whether there shall be at the time some human being in such dwelling house or not, with intent to commit some crime therein.

Any act or force, however slight, used to unlawfully enter a structure.

The act of unlawfully making one’s way into a structure.