Legal Glossary

An informal term describing one authorized by law to perform judicial functions.

To preserve for appellate review an argument or proof.

An act by a public official that is positively wrong or unlawful. Compare, MISFEASANCE, NONFEASANCE.

Intentionally acting wrongfully without having a valid reason or excuse.

Deliberate design.

When one intentionally and maliciously damages or destroys another’s property.

A tort claiming that one has intentionally instituted a civil or criminal action against another without a reasonable basis for the action.

Failure to provide the degree of care, skill and diligence expected of a minimally competent and reasonably prudent professional of the same specialty.

Failure by an attorney to provide the degree of knowledge, skill, and diligence expected of a minimally competent and reasonably prudent attorney practicing in the same community.

Failure by a physician to act with the same degree of attention, skill, ability, and caution expected of a minimally competent and reasonably prudent physician practicing in the same medical specialty or general field of medicine.

Latin: “We command.” An order issued by a higher court commanding an inferior tribunal, corporation, board, officer, or person to fulfill a specific responsibility.

1. A judicial, legislative, or executive command or directive. 2. A formal issuance by an appellate court of its decision.

To unlawfully produce or prepare a controlled substance.

Latin: “Guilty knowledge.” With criminal intent.

Literally, data about data; information about the data sought and its type.

An official record of all significant court proceedings kept by the clerk.

Warnings required to be given by law enforcement when subjecting a suspect to custodial interrogation, i.e., “You have the right to remain silent, . . . .”

A criminal offense punishable by a maximum possible sentence of confinement for one year or less, a fine, or both. Compare, FELONY.

Performing a legal duty in a wrongful manner. Compare, MALFEASANCE, NONFEASANCE.

The improper joining of a party in an action.

Exclusive and uniform procedure to review objections, defenses, claims, questions, issues or errors which could not be or should not have been raised at trial or on direct appeal.

A trial declared invalid by the court because of a fundamental error in the proceedings or the inability of the jury to reach a verdict.

Facts and conditions which do not constitute a justification or excuse for an offense but which may be considered as reducing the degree of blame or fault.

A doctrine that requires an injured party to take reasonable precautions to limit damages resulting from a tort or breach of contract.

Latin: “We send.” A writ to commit an offender to prison or to direct the transfer of records from one court to another.

Latin: “Manner of operation.”

A legal controversy rendered pointless because of a subsequent event; a theoretical or hypothetical issue.

A lien on real property to secure the performance of some obligation which is discharged upon payment or performance as required. Compare, DEED OF TRUST.

One to whom the obligation on a mortgage or deed of trust is owed.

The maker of a mortgage or a deed of trust; the one who owes the obligation on a mortgage.

A formal application to the court seeking an order or relief.

A day designated by a court to hear motions.

A request for judgment based solely on the face of the pleadings.

A request that a vague or ambiguous pleading to which a response is permitted be made more definite and specific.

A request that the court force an opposing party to cooperate in discovery.

A request to correct clerical mistakes in judgments or orders, or to seek relief from a final judgment, order or proceeding from errors such as fraud, newly discovered evidence, misrepresentation, etc.

A request by the clerk or a party which, if granted, requires the plaintiff to deposit monies with the court to be used to pay the costs of the action if the plaintiff should not prevail.

A request to dismiss a case on the basis that the plaintiff would not be entitled to relief even if all the facts alleged in the complaint were proved true.

A request that the court delete from a pleading any insufficient defense or material which is redundant, immaterial, impertinent or scandalous.

A request in a criminal case to keep certain facts or evidence from being brought out at trial.

A request made by a party or the deponent during the taking of a deposition that the court end or restrict an examination that is being conducted in bad faith or in a manner calculated merely to annoy, embarrass or oppress.

Multiple litigation against a single defendant involving the same legal issue.

A statutory court with jurisdiction to hear and determine, without a jury, all cases charging municipal ordinance violations and state misdemeanor laws made offenses against the municipality.

Murder is defined under Miss. Code Ann. Section 97-3-19(1). Generally, it is a deliberate or depraved killing of a human being without legal excuse or justifiable cause. Compare, KILL.