Legal Terms and Definitions

Glossary of Legal Terms

Decree A decision or order of the court. A final decree is one, which fully and finally disposes of the litigation. An interlocutory decree is a preliminary decree, which is not final. Appellate jurisdiction The appellate court has the right to review and revise the lower court decision. Power of attorney A written instrument authorizing another (not necessarily a lawyer) to act as one's agent or attorney. Cross-claim In a civil proceeding, if there are two or more defendants, one defendant can raise a claim against another defendant. Evidence Testimony, records, documents, material objects, or other things presented at a trial to prove the existence or nonexistence of a fact. res judicata Literally, "a thing that speaks for itself." In tort law, the doctrine, which holds a defendant guilty of negligence without an actual, shows that he or she was negligent. Its use is limited in theory to cases in which the cause of the plaintiff's injury was entirely under the control of the defendant, and the injury presumably could have been caused only by negligence. Ne exeat A writ that forbids the person to whom it is addressed to leave the country, the state or the jurisdiction of the court. Fourth Amendment The 4th Amendment to the U.S. Constitution protects every person against unreasonable search and seizure by government officials

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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.