- A guardian has the authority to
consent, on behalf of an infant, child or incompetent, to marriage, enlistment in the armed forces, or major
medical, surgical, or psychiatric treatment. Includes legal custody.
- H -
habeas corpus - Latin phrase meaning "you have the body"; A civil
proceeding used to review the legality of a prisoner's confinement in criminal cases. Habeas corpus actions are
commonly used as a means of reviewing state or federal criminal convictions. The petitioner alleges the convictions
violated state or federal constitutional rights. State habeas proceedings start in state District Court; federal
habeas proceedings start in federal District Court. Lower court decisions may be appealed to appellate
error - An error committed by
a lower court during a trial, but not prejudicial to the rights of the party and for which the appellate court will
not reverse the judgment.
- A formal proceeding (generally less
formal than a trial) with definite issues of law or of fact to be heard.
novo - A full new
- Second-hand evidence, generally
consisting of a witness's testimony that he/she heard someone else say something.
will - A will entirely
written, dated and signed by the testator in his/her own handwriting.
witness - A witness who
displays antagonism toward the party who called him to testify, or who is a witness for the opposing party. The
examining party is allowed to conduct direct examination as if it were cross-examination.
- A jury which cannot agree on a final
verdict. If a jury is hung, the court declares a mistrial and the case may be re-tried.
question - A form of question
generally used for expert witnesses. The examiner states a factual foundation (often based on disputed facts) and
asks the expert to draw conclusions based on the hypothetical foundation. The hypothetical question includes only
facts already in evidence.
- I -