Legal Glossary

A group of jurors chosen to serve in a specific court; those selected to hear a trial of a certain action; denotes either the whole body of persons summoned for a particular court term or those selected at random.

Latin: “Equal.”

A lover to whom one is not married.

1. Personal belongings. 2. Any type of equipment or accessory utilized for illicit drug use.

Latin: “Parent of the country.” Doctrine that refers to a State’s sovereign power to act in protecting its more vulnerable citizens, such as children or incompetent adults.

In Louisiana, the equivalent of what in Mississippi would be a county.

An equitable term denoting equality in amount, status or character.

An evidentiary rule which forbids the introduction of oral evidence to modify the terms of a written contract.

The conditional release of a prisoner.

The court supervised division of real or personal property.

One who is directly involved in a lawsuit, e.g., plaintiff, defendant; appellant, appellee; petitioner, respondent; etc.

A wall constructed on a property line.

Right held by patent holder that protects against the infringement of a particular invention or discovery.

A court proceeding to prove the father of an illegitimate child.

An affidavit seeking a waiver of costs and security for reasons of poverty.

Latin: “While the action is pending.”

For or during a period measured by another’s life.

Latin: “By the head.” Share and share alike. A per capita distribution is an equal division of an estate among descendants who enjoy the same degree of kinship to the decedent. Compare, PER STIRPES.

Latin: “By the court.” A per curiam opinion is one that speaks in unison for all members of the court.

Latin: “By itself.”

Latin: “By roots or stocks.” By representation. A per stirpes distribution is where a class or group of individuals or distributees take the share which their “stock” (deceased ancestor) would have been able to take in a per capita distribution.

Requesting the court to exclude a prospective juror for reasons that are non- discriminatory. Each side is afforded a limited number of peremptory challenges.

To deliberately make false statements under oath.

Procedure that permits, within the discretion of the court, one to intervene if asserting a claim or defense with a common question of law or fact in the civil action.

Latin: “An unacceptable person.”

Property that is not realty.

Release of a defendant charge with a criminal offense without any condition relating to, or a deposit of, security.

Personal property.

The jury selected to hear the trial of a criminal or civil case. Compare, GRAND JURY.

Tangible proof, e.g., document, x-ray, weapon, etc.; also called real evidence.

One who initiates a legal action.

1. Civil. Obsolete; replaced in civil practice by a motion or answer. 2. Criminal. A defendant’s formal response to a criminal charge.

A negotiated plea between the prosecuting entity and the defendant but subject to the court’s approval. Compare, OPEN PLEA.

In civil practice, the same as a motion. See, MOTION.

To answer or respond to an indictment; to answer an allegation.

The process by which parties to an action alternately present written statements of their contentions of the case.

A third summons issued when the original and alias summonses have been ineffective.

Procedure in which each juror is asked by the court if the verdict rendered is that juror’s verdict.

See, MISSISSIPPI UNIFORM POST CONVICTION COLLATERAL RELIEF ACT.

Latin: “After marriage.”

A conditional suspension of a prison sentence as set forth in Miss. Code Ann. Section 47-7-34.

A document empowering another person to act as one’s legal representative or attorney.

An appellate decision that carries authoritative weight in deciding later cases involving similar legal issues.

An error which warrants the appellate court to reverse the judgment of a lower court; reversible error.

A hearing conducted pursuant to Rule 6 of the Mississippi Rules of Criminal Procedure for determining whether there is probable cause to believe that a felony has been committed and probable cause to believe that the defendant committed it. A defendant who has been indicted by a grand jury is not entitled to a preliminary hearing.

A premarital contract that operates in the event of divorce or death. Such are enforceable in Mississippi provided there is fairness in execution and full disclosure.

Evidence which is of greater weight than that offered against it; more probable than not.

A written report submitted to the court prior to sentencing that consists of an offender's criminal, educational, and social history. It also contains other pertinent information, such as victim impact statements.

An instruction presented by a grand jury for an indictment to be drawn.

The judge who directs, controls or regulates the proceedings in a court.

A presumption that the law expressly directs to be made from particular facts in the absence of contrary evidence.

A child born after the making and publishing of a will but who is still entitled to a share of the testator’s estate.

A conference held by the judge and attorneys prior to trial for the purpose of considering various ways to expedite or resolve the case.

1. Civil. One who authorizes another to act as an agent. 2. Criminal. One who is primarily responsible for a crime.

Latin: “For himself.” Self-representation; representing oneself without the assistance of an attorney.

Latin: “For so much.”

Latin: “For the time being.”

Standard for issuing an arrest warrant or search warrant upon reasonably trustworthy information regarding criminal activities or contraband.

The act or process of proving the validity of a will and disposing of the estate.

A period of time whereby a defendant is not incarcerated but must abide by certain terms and conditions imposed by the court. See also, SUPERVISED PROBATION; UNSUPERVISED PROBATION.

The form and manner of conducting judicial business.

Formal procedures a court uses to acquire or exercise jurisdiction over persons or property, e.g., a summons or subpoena.

One employed to deliver a summons, subpoena or other document.

Evidence that process has been returned.

Something, such as land or an item, which one has the right to own, possess, and use.

1. Domestic relations. An order issued by the chancery, circuit, or county court to bring about the cessation of abuse of the petitioner, any minor children, or any person alleged to be incompetent. 2. Discovery. An order issued by the court to protect a party or witness from discovery abuses.

A necessary element in proving negligence that is comprised of two distinct concepts: “cause in fact” and “foreseeability.”

One who is elected or appointed to any office or position where the salary or fee of such office or position is paid by the State or any political subdivision.

Damages awarded to punish the wrongdoer.