A minute order is done when a trial judge sits officially, with or without a court reporter, and a clerk keeps minutes of the court session. In this cases, the minute order may be the only record of an oral order made by the judge. Copies of the minute orders are usually kept in the case files and the court clerk's office. Generally, they include the name of the court, the name of the judge and the court clerk, the case number and names of the parties in the case, the date of the order, the nature of the proceedings, and the court's ruling.
The length of a minute order can be a single page or it can be several pages long. Miranda warning: Refers to a U. Supreme Court decision that says when a person is arrested or questioned by police, he or she must first be told about certain rights against self-incrimination saying something that makes it sound like you are guilty. See also felony. Compare malfeasance , nonfeasance. A moot point is a point that can't be resolved by the judge, is not disputed by either side, or is resolved out of court.
A "motion to reduce bail" asks the court to lower the amount of bail needed to release the defendant from custody and guarantee that he or she will appear in court when required. A "motion to release on own recognizance OR " asks the court to let a defendant go without paying bail if the defendant agrees to appear when the court tells him or her to. A "motion to set" asks the judge to set a date for a future trial.
A "motion to quash" asks the court to make something void or ineffective, such as to quash a subpoena. A multistate employer does business in each state, and its employees must pay taxes in the state where they work. A state can then put a lien on and take all or part of an account. Now, all these cases are heard in superior court.
See also homicide ; compare with manslaughter. Compare arbitration , mediation. For example, a person might plead nolo contendere and pay a fine or serve jail time as if guilty, but if he or she were sued in a civil case afterward, the other side would still have to prove that the person was guilty.
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See also custodial parent. Compare malfeasance , misfeasance. For example, a notice to the other side that on a certain date a particular motion will be made in court. Notice of Entry of Judgment : A court form telling the parties about the judge's decision in a lawsuit. Notice of Opposition to Claim of Exemption : In small claims court, a paper filed by the judgment creditor opposing the judgment debtor's claim that certain assets are exempt from collection.
Compare dissolution. An obligation or debt may be created by a judgment or contract, like child support. See also crime , public offense. Because a case may be heard by 3 or more judges in the appellate court, the opinion in appellate decisions can take several forms. If all the judges completely agree on the result, 1 judge will write the opinion for all. If all the judges do not agree, the formal decision will be based on the majority view, and 1 member of the majority will write the opinion. The judges that do not agree with the majority may write their own dissenting or concurring opinions to state their views.
A concurring opinion agrees with the decision of the majority opinion, but offers comment or clarification or a completely different reason for reaching the same result. Only the majority opinion can be used as binding precedent in future cases. See also precedent.
Case Law: Case citations
Generally used to invalidate a prior conviction, for example, an order issued after a hearing where a prior conviction is found invalid because certain legal standards weren't met during the time of trial and conviction. Or to set a fee, for example, an order telling a defendant to pay back the county for costs for a court-appointed attorney.
Or to show cause, for example, an order to appear in court to give reasons why an action can't, should not have been, or has not been carried out. See also court order , support order. Order to Appear for Examination: A court order telling the judgment debtor to come to court on a specified date and time to answer questions about his or her property and sources of income.
Also called a "debtor's examination. If the defendant does not return to court when promised, he or she can be charged with a misdemeanor. Parentage parental relationship : A legal determination of who the parents of a child are. Parenting classes : Classes that help parents focus on the needs of their children and give parents information to provide a nurturing non-threatening home environment. Sometimes the court may order one or both parents to go to parenting classes so they can learn to communicate better about their children's needs.
Precedent | Definition of Precedent by Merriam-Webster
Parenting Plan : A detailed custody and visitation agreement that says when the child will be with each parent and how decisions are made. The parenting plan may be developed by the parents, through mediation, with the help of lawyers, or by a judge after a trial or hearing. At the trial level, the parties are typically called the " plaintiff " or "petitioner" and the " defendant " or "respondent. Department of State to indicate that a passport can't be issued for that person. Paternity must be determined before a court can order child support or medical support. Also called parentage or parental relationship.
Also called "establishment of parental relationship. See also active status. The law limits the number of peremptory challenges allowed. Compare challenge for cause. Permanency Planning : A court action that gives a dependent child a permanent place to live, like an adoption or a guardianship. Permanency Planning Hearing : A hearing to give a dependent child a permanent place to live. The hearing generally happens up to 18 months after the child is taken away from the parents.
In contrast to the jurisdiction of a court over a defendant's property. The person who serves the forms must tell the other person that these are legal papers, then leave the papers near the person at their feet is fine. The person they serve does not have to accept the papers or say or sign anything. Criminal juries are made up of 12 people; civil juries are made up of at least 6 people.
See also jury and grand jury. Compare motion. Physical Custody : Where the children live, who takes care of them, and how much time they spend with each parent.
There are two types of physical custody arrangements: primary or sole physical custody and joint or shared physical custody. See also nolo contendere. It includes references to past cases, statutes codes , and other statements of law that emphasize either the legality of the motion requested or the legal basis for the court to deny the motion. A power of attorney authorizes the agent to do whatever is necessary to manage the principal's assets.
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A "limited" or "special" power of attorney can be made more restrictive, by setting time limits for the agent to serve, limiting the agent to certain actions, or authorizing the agent to manage only particular assets. There are "general" powers of attorney, "limited" or "special" powers of attorney, and "durable" powers of attorney.
A general or limited power of attorney ends when the principal becomes incapacitated. A durable power of attorney stays in effect if the principal becomes incapacitated. Judges will generally "follow precedent," meaning that they use the principles established in earlier cases to decide new cases dealing with similar facts and legal issues.
A judge will overlook precedent if a party can show that the earlier case was decided incorrectly or that it differed in some significant way from the current case. Prejudgment Claim of Right to Possession: A form that a landlord in an unlawful detainer eviction lawsuit can serve with the summons and complaint on anyone living in the rental unit who may claim to be a tenant, but whose name the landlord does not know.
Anyone living in the rental unit can join the eviction case even if they are not listed on the court papers by filling out and filing this form. For example, a preliminary injunction comes before a permanent injunction. Describes defendant's background: financial, job, and family status; community ties; criminal history; and facts of the current offense. A presentence report must be done in felony cases and may be requested in misdemeanor cases. Typically, the judge and the lawyers also discuss the possibility of settling the case. Prima facie evidence is sufficient to support a certain conclusion unless contradictory evidence is presented.
Primary Physical Custody : A type of court order in which a child lives with one parent more than the other parent. See also immunity. A probation officer's duties include conducting presentence investigations, preparing presentence reports on convicted defendants, and supervising released defendants. There are rules of civil procedure, criminal procedure, evidence, bankruptcy, and appellate procedure. A "proceeding" refers to any 1 of the separate steps in that process, like, a motion , a hearing. See also personal service , service of process , substituted service.
See also service of process.
A prosecutor also called "prosecuting attorney" tries a criminal case on behalf of the government. Also called a "temporary judge. This lets the state get back some or part of the money it pays to people as public assistance. Compare to private or civil wrongs that violate "private laws," for example, a contract between 2 parties. See also crime. Compare confidential record , sealed record.
An exemplar of reasoning from precedent in a real property law context
See also genetic testing , legal parent , paternity. Qualified Medical Child Support Order QMCSO : An order or judgment that provides for medical support for a child of a parent covered by a group health plan or provides for health benefit coverage for the child. Qualified Domestic Relations Order QDRO : An order or judgment issued by a court and approved by a pension plan, that divides a pension plan in order to make a fair division of property or to pay for child or spousal support.
For example, to quash a subpoena means that the court will not enforce the subpoena because it has been voided or set aside. And, in a divorce or legal separation in California, it will be treated as community property.