Glossary: Mm through Qq

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MOOT:

A point or question open to debate, usually having no practical significance or relevance. A moot point is one not capable of being resolved by a judge; not disputed by either party, or one resolved out of court.

MOTION:

An oral or written request made by a party to the court for a ruling or an order on a particular point. A motion to reduce bail is a request to decrease the amount of bail needed to guarantee that the defendant will appear in court when required. A motion to release on own recognizance is the request to release a defendant, without bail, dependent upon agreement to appear when the court so orders. A motion to set is an application made to the judge to set a date for a future trial. A motion to quash is a request to make something null or ineffective, such as to quash a subpoena.

MOTION GRANTED:

Meaning "the motion is allowed".

MOTION DENIED:

Meaning "disallowed".

MUNICIPAL COURT:

This court is part of the lower court system, and is also known as a limited jurisdiction court. The following types of cases are heard in a limited jurisdiction court: (1) civil suits for damages less than $25,000, (2) all non-juvenile criminal misdemeanors carrying penalties of not more than one year in county jail or a fine of $1,000, and (3) preliminary hearings in felony cases. When a court decides there is evidence to hold a defendant, the accused is "bound over" to the general jurisdiction court for further proceedings.

MURDER:

The unlawful killing of a human being by another with malice and aforethought, expressed or implied. There are degrees of murder.

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NEGLIGENCE:

The failure of a person to use that degree of care in a given situation which by law one is obligated to use in order to protect the rights and property of others.

NEGOTIABLE INSTRUMENT:

An instrument in writing which may be transferred or negotiated so that the holder may maintain an action to enforce the terms thereof in his own name.

NOLO CONTENDERE:

Also known simply as "nolo" or "no contest". The Latin phrase meaning "I do not wish to contend." Synonymous with guilty. However, this plea of guilty holds true only for a criminal action and cannot be used as an admission of quilt in a civil suit for the same offense. Consent of the district attorney and approval of the court are required to plead nolo contendere.

NONFEASANCE:

Failure to do an act which one is under legal duty to do.

NOTARY PUBLIC:

A person authorized under state law to administer oaths and by whose signature or seal documents are certified as being authentic.

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- P -
PATRICIDE:

The murder of one's own father.

PARTY:

A person or a group taking one side of a dispute, e.g. the plaintiff (or prosecution) and the defendant (or defense).

PENAL:

Pertaining to punishment or to criminal procedures.

PENAL CODE:

Bringing together and codification of substantive criminal laws of state or federal government; e.g. California Penal Code.

PENALTY:

Punishment for violating a rule or law.

PEREMPTORY CHALLENGE:

An objection by either the defense or prosecuting attorney against a potential juror which usually results in the prospective juror being disqualified. The difference between a peremptory challenge and a challenge for cause is that the reason must be given by the attorney and considered by the judge in a challenge for cause. Each party in a case is allowed 13 peremptory challenges.

PERJURY:

A willful assertion as a fact, opinion, belief, or knowledge made by a witness in a judicial proceeding as part of his evidence made under oath or in writing upon declaration affirming to the truth of the statement. Perjury is a crime committed when a lawful oath is administered, in some judicial proceeding, to a person who swears willfully, absolutely and falsely in a matter material to the issue or point in question.

PERSONAL PROPERTY:

All property which is not real property, that is real estate or pertaining to land.

PETITION:

A formal, written request presented to the court requesting judicial action, similar to a motion, but usually made in writing, while motions are made orally.

PETITIONER:

One who presents a petition to the court.

PLAINTIFF:

The party who makes the initial complaint in a lawsuit.

PLEA:

An answer to an allegation, e.g. a plea of guilt or innocence is the defendant's response to a plaintiff's charge.

PLEA BARGAIN:

(Also, plea negotiation.) An offer to exchange a guilty plea for a lesser charge.

PLEAD:

To make a plea.

PLEADING:

Written statements in which each party responds to the other's allegations; the purpose of which is to narrow the dispute to one or more specific points of difference. These specific points are then the issues decided in trial.

PRIMA FACIE EVIDENCE:

Evidence which clearly establishes a claim as fact. If this evidence is questioned by the opposing party, additional evidence must then be shown.

PRIOR:

Before, a previous conviction.

PROBABLE CAUSE:

A reasonable ground (foundation) for assuming that a charge or fact is well-founded.

PROBATE:

The judicial process in which the will of a deceased person is proven to be genuine or not.

PROBATION:

The sentence given to a defendant when it is felt there is a good chance for rehabilitation without incarceration. In all felony cases, and at the judge's discretion in misdemeanor cases, a presentence report is used by the judge to decide whether or not to impose probation. Court probation means probation without supervision. Formal probation may involve supervision of the defendant by a probation officer. Summary probation (misdemeanor cases only) is the process in which a judge sentences a defendant to probation without using a presentence report, the defendant being responsible directly to the court.

PROCEEDINGS:

Generally, the process of conducting judicial business before a court or other judicial officer. A proceeding refers to any one of the separate steps in that process, e.g. a motion.

PROCESS:

A course of proceedings in a lawsuit. A process is also a legal document which compels a defendant to answer a complaint filed or accept a default judgment.

PROGRESS REPORT:

Any report used to update information prepared or filed before a final report is filed. Progress reports are commonly filed by probation officers to evaluate a defendant's compliance with the terms of a sentence.

PROMISSORY NOTE:

A written document by which one person promises to pay money to another person at a specific time.

PRONOUNCEMENT OF JUDGMENT:

The formal issuance by the judge of a judgment in a case.

PROOF:

Proven evidence presented at a trial.

PRO PER:

An abbreviated form of "in propria persona" (see In Pro Per).

PROSECUTION:

The instigating party in a criminal case. The prosecution represents the plaintiff.

PROSTITUTION:

An act of sexual intercourse for gain.

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