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To win a defamation suit, public officials or prominent people, such as political candidates or movie stars, must prove that the offender made a false statement with actual malice. This means the statement was made with knowledge that it was false or with serious doubts about whether it was true. |
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| A written statement made under oath. |
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| The age when a person acquires all the rights and responsibilities of being an adult. In most states, the age is 18. |
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| ALTERNATIVE DISPUTE RESOLUTION |
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| Methods for resolving problems without going to court. |
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| Latin for "friend of the court." Refers to a party that is allowed to provide information (usually in the form of a legal brief) to a court even though the party is not directly involved in the case at hand. |
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| In a civil case, the defendant's written response to the plaintiff's complaint. It must be filed within a specified period of time, and it either admits to or (more typically) denies the factual or legal basis for liability. |
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| A request to a supervisory court, usually composed of a panel of judges, to overturn the legal ruling of a lower court. |
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| A method of alternative dispute resolution in which the disputing parties agree to abide by the decision of an arbitrator. |
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| The initial appearance before a judge in a criminal case. At an arraignment, the charges against the defendant are read, a lawyer is appointed if the defendant cannot afford one, and the defendant's plea is entered. |
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| ARTICLES OF INCORPORATION |
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| A document that must be filed with a state in order to incorporate. Among the things it typically must include are the name and address of the corporation, its general purpose and the number and type of shares of stock to be issued. |
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| A foreigner, already in the U.S. or at the border, who seeks refuge, claiming an inability or unwillingness to return to the home country because of a well-founded fear of persecution. |
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| An employment relationship where the employer has the right to fire a worker for any cause at any time--usually without any notice. |
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| Dishonesty or fraud in a transaction, such as entering into an agreement with no intention of ever living up to its terms, or knowingly misrepresenting the quality of something that is being bought or sold. |
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| The money a defendant pays as a guarantee that he or she will show up in court at a later date. For most serious crimes, a judge sets bail during the arraignment. |
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| Insolvency; a process governed by federal law to help when people cannot or will not pay their debts. |
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| Also called court trial. A trial held before a judge and without a jury. |
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| BEYOND A REASONABLE DOUBT |
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| The highest level of proof required to win a case. Necessary to get a guilty verdict in criminal cases. |
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| The first ten amendments to the U.S. Constitution. |
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| A document with which one party promises to pay another within a specified amount of time. Bonds are used for many things, including borrowing money or guaranteeing payment of money. |
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| A written document that outlines a party's legal arguments in a case. |
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| The duty of a party in a lawsuit to persuade the judge or the jury that enough facts exist to prove the allegations of the case. Different levels of proof are required depending on the type of case. |
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| A corporation's rules and regulations. They typically specify the number and respective duties of directors and officers and govern how the business is run. |
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| Also known as common law. The law created by judges when deciding individual disputes or cases. |
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| A novel legal question that comes before a court. |
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| CERTIORARI: Latin that means "to be informed of." Refers to the order a court issues so that it can review the decision and proceedings in a lower court and determine whether there were any irregularities. When such an order is made, it is said that the court has granted certiorari. |
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| CHALLENGE FOR CAUSE: Ask that a potential juror be rejected if it is revealed that for some reason he or she is unable or unwilling to set aside preconceptions and pay attention only to the evidence. |
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| A change in the location of a trial, usually granted to avoid prejudice against one of the parties. |
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| Indirect evidence that implies something occurred but doesn't directly prove it. If a man accused of embezzling money from his company had made several big-ticket purchases in cash around the time of the alleged embezzlement, that would be circumstantial evidence that he had stolen the money. |
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| Also known as case law. The law created by judges when deciding individual disputes or cases. |
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