Legal Glossary

The public calling of the list of pending cases at the beginning of a court term for the primary purpose of setting trial dates, entering orders, or hearing preliminary motions.

Standards of ethical conduct governing judges and lawyers.

The legal qualification or ability to sue or be sued or be brought into court.

Latin: “To seize.” An arrest warrant, especially if issued from the bench or on an indictment.

Offense which is punishable by death or life imprisonment.

The heading or introductory part of a pleading, motion or other legal document which shows the names of the parties, name of the court, title of the action, file number, etc.

Driving a vehicle in a careless or imprudent manner, without due regard for the width, grade, curves, corner, traffic and use of the streets and highways and all other attendant circumstances.

Sexual intercourse; the slightest penetration by the male’s sexual organ of a female’s sexual organs.

A legal dispute brought into court; a lawsuit.

The legal basis for bringing a lawsuit.

Latin: “Let the doer beware.”

Latin: “Let the buyer beware.”

1. Order to transfer jurisdiction from youth court to circuit court upon conducting a bifurcated transfer hearing. 2. The act of attesting.

A discretionary review of a lower court decision confined to questions of law arising or appearing on the face of the record and proceedings.

Beneficiary of a trust; one having equitable and beneficial interest in an estate, the legal title to which is vested in another.

One whose life measures the duration of an estate, trust, gift or insurance contract.

Proving that the integrity of evidence has not been compromised, i.e., no indication or reasonable inference of probable tampering with the evidence or substitution of the evidence, by showing continuous custodial possession.

Conveyances or other property transfers, arranged consecutively, from the government or original source of title down to the present holder.

Requesting the court to exclude a prospective juror whose answers and demeanor on voir dire clearly indicate an inability to fairly try the case.

Questioning the qualifications of an entire panel summoned for jury duty, usually because of some deficiency in the manner in which the panel was selected and summoned.

The private office or room of a judge.

The purchase of an interest in something in dispute in order to maintain or take part in litigation concerning it; illegal in Mississippi.

A judge of the chancery court.

Established by the Mississippi Constitution with jurisdiction to hear, among other issues: all matters in equity; divorce and alimony; matters testamentary and of administration; minor’s business; cases of idiocy, lunacy, and persons of unsound mind; and real property disputes.

The removal of a case from one venue to another for trial.

An accusation of a crime by a formal complaint, information, or indictment.

No previous instances of consensual sexual intercourse.

An article of personal property.

One who has not reached the legal age of majority.

Causing or allowing the sexual abuse, sexual exploitation, emotional abuse, mental injury, nonaccidental physical injury or other maltreatment upon a child in one’s legal custody or care.

Neglecting or refusing to provide for the necessary physical, medical, or educational needs of a child in one’s legal custody or care.

Court-ordered periodic payments of funds for the support of a child.

Established by the Mississippi Constitution with jurisdiction to hear all matters civil and criminal not exclusively cognizable in some other court.

Evidence which, without going directly to prove the existence of a fact, gives rise to a logical inference that such fact exists.

1. Reference to an authority, e.g., a case or statute, that supports the textual statement or from which a quote is taken. 2. Often used as a synonymous term for traffic ticket or summons.

A lawsuit.

Substantive and procedural laws pertaining to civil matters.

Personal rights guaranteed and protected by the U.S. Constitution or federal law.

1. Any demand to recover damages from a governmental entity as compensation for injuries. 2. A right to payment, whether or not the right is reduced to judgment, liquidated, unliquidated, fixed, contingent, matured, unmatured, disputed, undisputed, legal, equitable, secured, or unsecured.

One asserting a claim through a civil action.

That weight of proof which produces in the mind of the trier of fact a firm belief or conviction as to the truth of the allegations sought to be established; evidence so clear, direct and weighty and convincing as to enable the fact finder to come to a clear conviction, without hesitancy, of the truth of the precise facts of the case.

A good and marketable title to real property; a title free from encumbrance, burden, or limitation.

Final steps in a real estate transaction where consideration is paid, the mortgage is secured, and the deed is delivered.

Argument before a jury summarizing the evidence presented at trial, along with any reasonable deductions and conclusions.

The semblance of an outstanding claim or encumbrance that casts a doubt as to the validity of the record title. A legal recourse is to attain a decree in chancery court that removes the cloud on title.

An authorized collection, compendium or revision of laws systematically arranged into titles, chapters, and sections.

A supplement or addition to a will.

A secret agreement between two or more persons for fraudulent or deceitful purposes.

1. To order a person to a state institution such as a prison or mental health facility. 2. To engage in a criminal act.

A person or business that carries or transports people or property for money.

Law derived from the English legal system applicable as precedent in the absence of overriding Constitutional law or legislative enactments.

A marriage not solemnized by legal ceremony, but instead created by an agreement to marry followed by cohabitation. Mississippi does not recognize common law marriages contracted after April 5, 1956.

A statutory mandate requiring an equal division of all marital property upon divorce regardless of the respective contributions or circumstances. Not applicable in Mississippi. Instead, our state applies a system of equitable distribution.

Reduction in severity of a previously imposed penalty, e.g., commuting a death sentence to life imprisonment.

Legal principal, now codified in Mississippi, that permits the jury to diminish personal injury damages in proportion to the amount of negligence attributable to the injured party. Compare, CONTRIBUTORY NEGLIGENCE.

1. The mental capacity to understand the nature and effects of one’s actions. A defendant in a criminal case must have a rational and factual understanding of the proceedings to enter a plea or to stand trial. 2. Evidentiary finding that a witness is legally qualified to give testimony.

The first pleading which begins a civil action.

Agreement whereby a creditor accepts the immediate payment of a percentage of the total amount owed as discharge of the entire debt.

Evidence that is incontrovertible or from which only one reasonable conclusion can be drawn taking all the facts and surroundings into consideration. It is synonymous with manifest, plain, clear, and obvious.

A woman who lives with a man without the benefit of marriage.

Legal process by which real property of a private owner is taken for public use upon the award of due compensation. Compare, EMINENT DOMAIN.

Defense in a divorce proceeding on grounds that the offended spouse either expressly or impliedly forgave, upon a condition of future good behavior, a marital wrong. Merely not leaving the marital domicile or separating from the offending spouse does not constitute a condonation.

An action in chancery court to clear title in the ownership of real property.

Differences or inconsistencies between the laws of different jurisdictions.

The secret or indirect consent or permission of one person to the commission of an unlawful or criminal act by another; an intentional failure to discover or prevent the wrong.

Kinship; blood relationship; the connection or relation of persons descended from the same stock or common ancestor.

A decree agreed upon by the parties as a way to settle a controversy, or substantial part of it, without further litigation.

1. One appointed by the chancery court to manage the estate of a person who is found incapable of doing so for reasons of advanced age, physical incapacity, or mental weakness. 2. A person appointed or qualified by a court to act as general, limited or temporary guardian of a minor's property or a person legally authorized to perform substantially the same functions.

The inducement to a contract; the promise, price or other value given to persuade another to enter into the contract.

A protected interest arising out of the marriage covenant such as society, companionship, love, affection, aid, services, support, and sexual relations.

A claim for damages as a result of a party’s loss of his or her spouse’s consortium.

When two (2) or more people agree and plan to commit a crime.

As set forth in Miss. Code Ann. Section 19- 19-5, an officer whose responsibilities include preserving the peace, aiding and assisting in executing the criminal laws of the state, and serving process.

See, INDIRECT CONTEMPT.

Conduct or words disruptive to the orderly administration of justice. See also, INDIRECT CONTEMPT; DIRECT CONTEMPT.

Postponement of a court proceeding to a later date.

Latin: “Against good morals.”

Property subject to lawful seizure.

A legally enforceable exchange of promises.

An agreement to the conditions or terms stated in an offer.

A proposal to enter into a contract; an offer contains conditions or terms.

Defense to negligence action barring recovery if injured person was partially at fault in proximately contributing to the injury. Not applicable in Mississippi. Compare, COMPARATIVE NEGLIGENCE.

Any substance regulated by law as to its possession and use.

The unauthorized exercise of ownership over personal property belonging to another.

The transfer of title to property from one person to another; the written instrument which effects the transfer of title.

1. To find one guilty of a criminal charge as a result of a trial or plea. 2. A prisoner.

An adjudication of guilt.

The right to a particular expression of ideas, such as literature, music, art, etc.; the right to control its reprinting.

Latin: “The body.” The principal substance of a thing; the principal of a fund or estate, as opposed to interest, income, dividends or the like.

Latin: “The body of the crime.” Essential facts which must be established by the prosecution in a criminal case to prove that a crime has in fact been committed.

Latin: “The body of the law.” A comprehensive collection of the law of a country or jurisdiction.

Proof which supplements that already given and which tends to confirm or strengthen it.

The payment that must accompany the filing of a complaint in a civil action. Unused costs deposits are to be returned promptly to the parties on a case-by-case basis. Compare, ACCOUNTING FOR COSTS.

1. An attorney. 2. To provide legal advice.

1. Civil. Each separate claim in the pleadings. 2. Criminal. Each separate charge in an indictment.

A claim asserted by the defendant in a civil action.

A statutorily created court with jurisdiction to hear both civil actions up to $200,000 and misdemeanor offenses. County courts also serve as special courts of eminent domain.

Courts with inherent powers to correct clerical errors and enter judgments, along with incidental power to fine and imprison for contempt.

One who makes a record of judicial proceedings using shorthand, steno-type machines, or electronic recording devices.

One to whom a debt is owed.

Substantive and procedural laws pertaining to felonies and misdemeanors.

Questioning a witness who has testified for the opposing side on direct examination. Ordinarily the purpose of cross examination is to discredit the witness’ perception, memory, narration, or sincerity through the use of leading questions.

As set forth in M.R.C.P. 13, any claim by one party against a co-party arising out of the transaction or occurrence that is the subject matter either of the original action or of a counterclaim therein or relating to any property that is the subject matter of the original action.

Negligence of a degree so great as to be equal to a complete disregard or indifference to the safety of human life.

A guardian or trustee appointed to take care of property.

Questioning initiated by law enforcement officers of a person in custody. “In custody” means that from the “totality of the circumstances” a reasonable person would feel arrested as opposed to being temporarily detained.

1. Restraint of a person to the extent of constituting an arrest. 2. Care and supervision over a person or thing.