Legal Terms and Definitions

Glossary of Legal Terms

Fitness hearing A hearing held in Juvenile Court to determine the fitness of a minor for retention in Juvenile Court, and the minor's amenability to Juvenile Court resources. Must be held before any evidence is heard on a petition for detention. Such a hearing is a prerequisite to transfer of a minor's case to adult court. Also called certification hearing Allegation The assertion, declaration, or statement of a party to an action, made in a pleading, establishing what the party expects to prove. Escrow Writing, deed, money, stock, or other property is given to a third person to hold until all conditions in a contract are fulfilled. Nominal party One, who is joined as a party or defendant merely because the technical rules of pleading require his presence in the record, No bill This phrase, endorsed by a grand jury on an indictment, means that, in the opinion of the jury, evidence was insufficient to warrant the return of a formal charge. Jurisdiction The legal authority of a court to hear a case or conduct other proceedings; power of the court over persons involved in a case and the subject matter of the case. Of counsel A phrase commonly applied to counsel employed to assist in the preparation or management of the case, or its presentation on appeal, but who is not the principal attorney for the party. Intestate The status of a person who dies without leaving a will.

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	Did You Know?
	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.