Legal Terms and Definitions

Glossary of Legal Terms

En banc A proceeding in which the entire membership of an appellate court participates in the decision, rather than leaving the decision to a smaller "panel" of the court's members. In Utah, the Court of Appeals is prohibited from sitting en banc. Probate The process of proving the validity of a will. Moral turpitude Conduct contrary to honesty or good morals. Appearance The formal proceeding by which defendant submits to the jurisdiction of the court. Foreclosure A termination of all rights of the mortgagor or his grantee in the property covered by the mortgage. 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 courts. Jurisprudence Formal study of the principles on which legal rules are based and the means by which judges guide their decision making. Fitness hearing A hearing held in Juvenile Court to determine the fitness of a minor for retention in Juvenile Court, and the minor's amenability to Juvenile Court resources. Must be held before any evidence is heard on a petition for detention. Such a hearing is a prerequisite to transfer of a minor's case to adult court. Also called certification hearing

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	Did You Know?
	Mediation may not be the most appropriate avenue for resolution in all cases. For example, it may not be appropriate in cases where: A definitive or authoritative resolution of the matter is required; The matter involves or may bear upon significant questions of Government policy that require additional procedures before a final resolution may be made; Maintaining established policies that apply to many people is especially important; The matter significantly affects persons or groups who are not parties to the process; A full public record of the proceeding is important; or The agency must maintain continuing jurisdiction over the matter with authority to alter the disposition of the matter in light of changed circumstances.