Legal Glossary

Monetary amount recoverable in a civil action to compensate one who has suffered loss, detriment, or injury.

Latin: “In fact.” Acting or existing without specific legal authority, but of recognized legal effect or consequences. Compare, DE JURE.

Latin: “Anew.”

An object or weapon reasonably capable of producing death or serious bodily injury.

One who owes a debt.

A dead person.

1. The court’s findings of fact and conclusions of law. 2. The court’s written disposition of a case.

An equitable decision or order of a chancery court.

An entry of default as provided in M.R.C.P. 55.

A conveyance of realty; a written instrument transferring title and ownership of real property. See also, QUITCLAIM DEED; WARRANTY DEED.

An instrument by which legal title to real property is transferred to one or more trustees to secure the payment of money or the performance of other conditions. Compare, MORTGAGE.

A misuse of funds, especially as it pertains to public or corporate accounts.

A false statement that harms another’s reputation. Libel is a written defamatory statement, while slander is a spoken one.

Occurs when a party against whom a judgment for affirmative relief is sought fails to plead or otherwise defend the action.

Judgment rendered as a result of a party’s default.

See, ENTRY OF DEFAULT JUDGMENT.

1. Civil. One against whom a lawsuit is initiated. 2. Criminal. One accused of a crime.

A judgment in favor of a creditor for the difference between the amount of the debt owed and the amount received from a judicial sale.

Unlawfully deciding to kill another without a legally justifiable or excusable reason.

Any act, which if committed by an adult, is designated as a crime under state or federal law, or municipal or county ordinance other than offenses punishable by life imprisonment or death. A delinquent act includes escape from lawful detention, violations of the Uniform Controlled Substances Law, and violent behavior.

A child who has reached his tenth birthday and who has committed a delinquent act; a child adjudicated delinquent by the youth court.

A note that becomes due and payable as of the date of execution, no demand being necessary.

1. Civil. No longer applicable in Mississippi to civil cases. Such is now understood to mean a motion to strike as set out in M.R.C.P. 12(f). 2. Criminal. A defendant’s formal objection to an alleged defect in an indictment.

One who gives a deposition.

To give sworn testimony at an informal proceeding, usually without the presence of a judge; the act of obtaining such testimony.

Sworn testimony given in accordance to the rules of discovery.

Acting in a highly dangerous way that shows a lack of care for the safety of human life.

Tracing the history of a land title, beginning with the grant by the government and concluding with the last recorded conveyance of the property. Compare, ABSTRACT OF TITLE.

1. The care of children in physically restrictive facilities. 2. The temporary care of juveniles and adults who require secure custody for their own or the community's protection in a physically restrictive facility prior to adjudication, or retention in a physically restrictive facility upon being taken into custody after an alleged parole or probation violation. 3. A brief restraint by law enforcement of one’s liberty or freedom.

A gift of real property under a will.

One given real property under a will.

One who gives real property by means of a will.

A comment or remark in an appellate decision having persuasive or suggestive influence but not binding as legal precedent.

See, ELECTRONIC DISCOVERY.

Contempt committed in the presence of the judge presiding in court or so near the judge as to interrupt the court’s proceedings.

1. Evidence which, if believed, proves the fact without inference or presumption. 2. Evidence not circumstantial, e.g., eyewitness testimony.

Questioning of one’s own witness at trial who afterwards is subject to cross examination. Ordinarily direct examination precludes the use of leading questions. Compare, CROSS EXAMINATION.

1. Any physical, mental or neurological impairment which severely restricts a person's mobility, manual dexterity or ability to climb stairs; substantial loss of sight or hearing; loss of one or more limbs or use thereof; or significantly diminished reasoning capacity. 2. Incapacity because of injury to earn the wages which the employee was receiving at the time of injury in the same or other employment, which incapacity and the extent thereof must be supported by medical findings.

Procedures whereby each party, to avoid unfair surprise at trial, may discover beforehand certain information accessible to the opposition. Examples of discovery in civil cases includes depositions, written interrogatories, production of documents or things, and admissions.

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.