Legal Terms and Definitions

Glossary of Legal Terms

Lis pendens A pending suit. Bind over A judge's decision to hold a criminal defendant for trial. Battered child syndrome (B.C.S.) Physical condition of a child indicating that external or internal injuries result from acts committed by a parent or custodian. Also termed Parent Infant Trauma Syndrome (P.I.T.S.). Allegation The assertion, declaration, or statement of a party to an action, made in a pleading, establishing what the party expects to prove. Abandonment A parent's or custodian's act of leaving a child without adequate care, supervision, support or parental contact for an excessive period of time. Also, the desertion of one spouse by the other with the intent to terminate the marriage relationship. Bench warrant An order issued by the court for the arrest of a person Damages Money that a court orders paid to party (usually the plaintiff) who has suffered a loss by another party who caused the loss (usually the defendant). Prejudicial error Synonymous with "reversible error"; an error which warrants the appellate court in reversing the judgment before it.

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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.