Legal Terms and Definitions

Glossary of Legal Terms

Interlocutory appeal An appeal to an appellate court of a temporary or provisional order of a trial court. The appellate court is not required to hear the appeal Plea The defendant's formal response to a criminal charge (guilty, not guilty, nolo contendere, not guilty by reason of insanity, and guilty and mentally ill). Fiduciary A person who has assumed a special relationship to another person or another person's property, such as a trustee, administrator, executor, lawyer, or guardian. The fiduciary must exercise the highest degree of care to maintain and preserve the person's rights and/or property, which are within his/her charge Eminent domain The power to take private property for public use by the state and municipalities. Double jeopardy Common law and constitutional prohibition (5th Amendment) against more than one prosecution for the same crime Foreclosure A termination of all rights of the mortgagor or his grantee in the property covered by the mortgage. Lien A claim against property for payment of a debt. Common types of liens include the mechanic's lien, the judgment lien, and the mortgage lien. Subpoena duces tecum An official order to appear in court (or at a deposition) at a specific time. Failure to obey a subpoena to appear in court is punishable as a contempt of court.

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	Did You Know?
	The mediation process may vary depending on the mediator. Generally, mediations commence with a general session with all parties, counsel and the mediator. At the general session, there will be a discussion of the case, the issues on appeal and other matters important to settlement. Then the mediator will meet separately with each party and their counsel in separate "caucuses." In these separate sessions, the mediator will seek to foster negotiations between the parties and develop agreement.