Legal Terms and Definitions

Glossary of Legal Terms

presentment In felony cases, the first appearance before a judge at which the defendant is formally notified of the charges and a date is set for a preliminary hearing. No plea is entered at this stage. If, after the preliminary hearing, the case is bound over to the District Court, the defendant will enter a plea during arraignment in District Court. (Presentment is often incorrectly called arraignment.) Verdict The formal and unanimous decision or finding made by a jury. . Levy A seizure; the obtaining of money by legal process through seizure and sale of property. Contract An oral or written agreement between two or more parties, which is enforceable by law. Negligence Failure to exercise the care that an ordinarily prudent person would exercise in the same circumstances. Redirect examination A kind of bail, consisting of a written promise to appear in court when required. Generally, when there is no good reason to suppose the accused in a criminal case will not appear when required or the accused is not a significant risk to the community, he or she will be released on his or her own recognizance. Code A collection, compendium or revision of laws, rules and regulations enacted by the legislature, i.e., Utah Code Annotated. Default Occurs when a defendant fails to respond to the plaintiff's complaint within the time allowed, or fails to appear at the trial. The court may then enter a default judgment

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	Mediation may not be the most appropriate avenue for resolution in all cases. For example, it may not be appropriate in cases where: A definitive or authoritative resolution of the matter is required; The matter involves or may bear upon significant questions of Government policy that require additional procedures before a final resolution may be made; Maintaining established policies that apply to many people is especially important; The matter significantly affects persons or groups who are not parties to the process; A full public record of the proceeding is important; or The agency must maintain continuing jurisdiction over the matter with authority to alter the disposition of the matter in light of changed circumstances.