Legal Terms and Definitions

Glossary of Legal Terms

Exclusion of witnesses An order of the court requiring all witnesses to remain outside the courtroom until each is called to testify, except the plaintiff or defendant. The witnesses are ordered not to discuss their testimony with each other and may be held in contempt if they violate the order. Mistrial A trial, which is void because of some error. Prosecutor For himself; in his own behalf. One who does not retain a lawyer and appears for himself in court. Et al An abbreviation of et alii, meaning "and others," ordinarily used in lieu of listing all names of persons involved in a proceeding. Corpus delicti - The substance or foundation of a crime; the substantial fact that a crime has been committed, e g., the corpse of a homicide victim, the charred remains of a burned house. Subpoena An agreement by attorneys on opposite sides of a case as to any matter pertaining to the proceedings or trial. It is not binding unless agreed to by the parties, and most stipulations must be in writing. Harmless error An error committed by a lower court during a trial, but not prejudicial to the rights of the party and for which the appellate court will not reverse the judgment. Irrelevant Evidence not sufficiently related to the matter in issue.

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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.