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Fiduciary
A person who has assumed a special relationship to another person or another person's property, such as a trustee, administrator, executor, lawyer, or guardian. The fiduciary must exercise the highest degree of care to maintain and preserve the person's rights and/or property, which are within his/her charge
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.
Amicus curiae
A friend of the court; a nonparty who interposes, with the permission of the court, and volunteers information upon some matter before the court.
Preponderance of evidence
Evidence that is (even minimally) of greater weight or more convincing than the evidence, which is offered in opposition to it. This is the standard by which a plaintiff must prove his/her case in a civil suit.
Incarceration
Imprisonment; confinement in a jail or penitentiary.
Misdemeanor
A minor offense, lower than a felony, which is punishable by a county jail term of up to one year and/or a fine, but not prison. Misdemeanors are classified into three categories: Class A, B, and C.
Dismissal without prejudice
A dismissal which permits the plaintiff to sue again on the same cause of action or the state to proceed again. Dismissal with prejudice bars the right to subsequently bring an action on the same cause
Witness
One who testifies under oath to what he/she has seen, heard or otherwise observed.
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