Legal Terms and Definitions

Glossary of Legal Terms

Fourteenth Amendment Among other matters, the 14th Amendment to the U.S. Constitution prohibits states from depriving any person of life, liberty, or property without adequate due process. Battery Actual physical violence, whether serious or minor, inflicted on a person. (A mere threat is called assault, whereas the completed act is called battery). Reporting statutes An order by a court directing the transfer of a case to another court. For example, when a case is proper for jurisdiction in federal court, the federal court may remove the case from the state court in which it was originally filed. Abstract of record A short, abbreviated form of the case as found in the record. Intervention A proceeding in a civil suit by which a third person is permitted by the court to join as a party to the suit. Condemnation The legal process by which real estate of a private owner is taken for public use without the owner's consent, but theownerreceives "just compensation. Appellant The party appealing a final decision or judgment. Preliminary injunction In civil cases when it is necessary to preserve the status quo prior to trial, the court may issue a preliminary injunction or temporary restraining order ordering a party to carry out a specified activity.

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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.