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From the Bench January 31, 2008 |
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Written by Judge William Steuk, Huron Municipal Court
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Sunday, 03 February 2008 |
LEGAL DEFINITIONS
If you are ever engaged in some legal proceeding, many times there are words that you are not familiar with. Below are some terms and definitions commonly used in the Huron Municipal Court. If you ever have questions with regards to legal terminology, the book, "Black's Law Dictionary", is a reference book found in our public library which would be helpful.
Acquit - To find a defendant not guilty in a criminal trial.
Answer A written reply to a complaint, prepared by an individual or an attorney, which is filed in Court.
Arraignment The first court appearance for a Defendant. At the arraignment, the Defendant is informed of his/her rights, asked whether he/she requires an attorney, and informed of the charges against him/her. At the arraignment, the Defendant is asked to enter a plea of Guilty, Not Guilty, or No Contest.
Attachment A seizure of property or funds by a court-assisted process.
Bond Security, either in the form of money or personal recognizance that is placed with the Court in order to insure that the Defendant will appear in Court for a hearing. If the Defendant fails to appear, the bond money may be forfeited and a warrant issued for the arrest of the Defendant. Bond is also referred to as Bail.
Bound over The transfer of a felony case to the appropriate Court of Common Pleas when the Defendant either waives a Preliminary Hearing or goes forward with the Preliminary Hearing and the judge finds that there is probable cause that the Defendant committed the offense.
Civil A written statement, which is either prepared by an attorney or by the
Complaint Plaintiff, which tells the Court that a claim exists favoring the Plaintiff. A Civil Complaint includes the signature of the maker, a demand for judgment, and the names and addresses of both Plaintiff(s) and Defendant(s).
Counterclaim A claim presented by the Defendant in a civil case alleging that the plaintiff owes damages to the defendant.
Criminal A written statement of the facts alleging that a crime has been committed complaint by the Defendant. The Complaint usually includes the state statute or city
ordinance of the crime, and the severity of the crime.
Defendant The person charged with a crime in a criminal complaint, or who is alleged to owe funds to the plaintiff in a civil complaint.
Deliberations The discussions of the jury which occur after the judge has instructed them to retire to the jury room and consider their verdict.
Direct examination Questions which the lawyers ask their own clients or witnesses called.
Felony A crime in Ohio, which can have extensive jail time and fines. Felonies are not handled in a Municipal Court and are bound over to the appropriate Court of Common Pleas.
Garnishment The attachment or seizure of personal wages through a court-assisted process.
Plea The response made by a Defendant to charges in a criminal or traffic complaint. The three forms of pleas acceptable in Court are: Guilty, Not Guilty, or No contest.
Preponderance of evidence- The general standard of proof in civil cases. The weight of evidence
presented by one side is more convincing to the trier of facts that the evidence presented by the opposing side.
Probable A reasonable belief that a crime was committed and the person accused of cause the crime was responsible. A probable cause hearing is held on felony matters.
Purge The process by which a Defendant voluntarily comes to Court to take care of a warrant or a show cause hearing.
Search warrant A written order issued by a judge or magistrate, directing a law
enforcement officer to search a specific location for specific things or individuals.
Subpoena A document containing a written command that you must appear and give testimony. The subpoena contains a time and place for the testimony to take place, and it may be in a Court or, many times, at an attorney's office.
Summons A Court notice telling you to appear in Court at a particular time and place.
Verdict The formal decision made by a judge or jury regarding the outcome of a case.
Voir dire (Pronounced Avwar-deer) To speak the truth. The process of selecting jurors for a trial in a particular case. The prospective jurors are questioned and a decision is made following the questioning whether to accept or reject a juror.
Warrant A court order to arrest you and hold you in custody until you appear in Court before the Judge.
Articles appearing in this column are intended to provide broad, general information about the law. Before applying this information to a specific legal problem, readers are urged to seek advice from an attorney.
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