Legal Terms and Definitions

Glossary of Legal Terms

Defendant The accused in a criminal case; the person from whom money or other recovery is sought in a civil case. 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. Bind over A judge's decision to hold a criminal defendant for trial. Stipulation A certain time allowed by statute in which litigation must be brought. In criminal cases, prosecution is barred if not brought within the statute of limitations. 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. Premeditation The planning of a crime preceding the commission of the act, rather than committing the crime on the spur of the moment. Attorney of record Attorney whose name appears in the permanent records or files of a case. With prejudice A dismissal "with prejudice" bars the right to bring or maintain another action on the same claim or cause.

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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.