Legal Terms and Definitions

Glossary of Legal Terms

Brief A lawyer's written statement of a client's case filed in court. It usually contains a summary of the facts in the case, the pertinent laws, and an argument of how the law applies to the facts supporting the client's position. Extraordinary writ A writ, often issued by an appellate court, making available remedies not regularly within the powers of lower courts. They include writs of habeas corpus, mandamus, prohibition and quo warranto. False pretenses Representation of some fact or circumstance which is not true and is calculated to mislead, whereby a person obtains another's money or goods Of counsel A phrase commonly applied to counsel employed to assist in the preparation or management of the case, or its presentation on appeal, but who is not the principal attorney for the party. Forcible entry and detainer Ordinarily refers to a summary proceeding for restoring possession of land to one who has been wrongfully deprived of possession Comparative negligence The degree to which a person contributed to his/her own injury, damage or death. Usually measured in terms of percentage. Contributory negligence is the failure to exercise care by a plaintiff, which contributed to the plaintiff's injury. Moral turpitude Conduct contrary to honesty or good morals. Commutation The change of a punishment from a greater degree to a lesser degree, as from death to life imprisonment. In Utah the Board of Pardons may do this

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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.