Maryland MVA Lawyer - We can help prevent your license from being revoked or suspended or helping you get your license back in the shortest possible time. 410-486-1800/ 24/7.

Maryland MVA Lawyer We can help prevent your license from being revoked or suspended or help you get your license back in the shortest possible time. 410 - 486 - 1800/ 24/7.

Maryland MVA Lawyer
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Upon receipt of your case we can explain
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" Upon receipt of your call, we can explain defenses you may not know about to prevent your license from being suspended or revoked, or to get your driver's license back in the shorest possible time."

The MVA is an abrievation for the Motor Vehicle Administration that governs Marland driver's licenses.

These defenses can make the entire difference between winning or losing your MVA case. Even if you believe you are guilty, the state may not be able to prove you are guilty. "I have watched this happen many times." When you retain maryland mva attorney, you will get an excellent opportunity to have your case dismissed prior to trial. "RESULTS ARE EVERYTHING". Our objective is to avoid a license suspension or revocation.

Maryland mva attorney is an experienced lawyer for DUI, Driving on Suspended or Revoked License, Speeding, Radar and MVA Hearings. As a past Assistant State's Attorney, maryland mva attorney has gained experience in over 20,000 cases. He thoroughly knows the state's play book, understands police mistakes, what defenses are effective, and is able to use BOTH SIDES of the law to provide you with an excellent opportunity to get your case dismissed prior to trial, keep your license, or to get your license back in the shortest possible period of time.

The call is complimentary. You may be SURPRISED to learn what defenses are AVAILABLE. You can call now to learn your options.

maryland mva attorney is available to represent you in every Maryland county, Baltimore city and the Maryland Federal Court. Frequently, pleading guilty or paying a fine prior to trial can be a big mistake. You can either schedule an appointment, or if you are more than 20 miles from our office, or out of state, you can begin your case by telephone, in which event, the steps we take and the result will be identical.

(Client Comments)

"Many thanks for your knowledgeable represention in getting my driver's license back after I struggled for many years trying to do it on my own without any success. I wish I would have found out about you sooner" ~~R.S.

Your representation was absolutely outstanding in convincing the administrative law judge to completely dismiss my MVA case after I refused to take a breathalyzer test. Without your help, I would have lost my license. Many thanks. ~~ F.S.

I did not realize how complicated these proceedings are and could have never gotten my license back without your excellent representation. Thanks. "~~T.S.

"Thanks again for your aggressive representation in getting my MVA hearing dismissed and saving my license. " ~~F.F.

"Thanks for a job extremely well done in getting my DUI, negligent driving, and all 11 related charges dismissed prior to trial so I did not have to appear in court and also having my MVA hearing dismissed."~N.M.

"I was extremely worried about my pending DUI charges due to two prior DUI convictions. Your aggressive representation was excellent in getting all DUI charges dismissed prior to trial. " ~~T.D.

"The result you obtained in my third DUI case was outstanding." ~~M.J.

"I was worried about my DUI charges from the day I was charged until the day you called several days prior to trial indicating all charges would be dismissed and I would not have to appear in court. Thanks again for suggesting I not accept the state's offer to plead guilty."~~R.F.

Each case is different and past records are no assurance that the lawyer will reach a favorable result in any future case.

++Both Maryland lawyers, and out of state lawyers, have selected maryland mva attorney to represent them in their **PERSONAL** DUI cases.++

The police are required to follow very strict procedures. The police officer's failure to do so can lead to the dismissal of your DUI case. What is referred to as a "Technicality" or "Loophole", is actually a way of using the to have your case dismissed. I understand how to dismantle the toughest cases, even with the highest breath test results. I also understand exactly how physical illnesses, mental illnesses or disabilities can be confused with DUI and can make an effective presentation to the court in an effort to get the case dismissed. I have seen this happen many times.

The education, training and experiences of your lawyer can make the difference in the final result. A question frequently asked is whether or not to submit to a breathalyzer test. Upon receipt of your call we will explain these issues to you. If you have gone to court, have been found or plead guilty, and question what happened, we can explain your rights to appeal and other post judgment rights you have.

When defending your MVA, DUI or driving on Suspended or Revoked License case "RESULTS ARE EVERYTHING" You need the lawyer who can provide an excellent opportunity to get your case dismissed and provide an excellent result. Our first step is to help you learn what DUI defenses may be available upon receipt of your call. The call is complimentary. 410-486-1800 24/7.

Helpful Legal Terms

A director, officer, or person in control of the debtor; a partnership in which the debtor is a general partner; a general partner of the debtor; or a relative of a general partner, director, officer, or person in control of the debtor.

Insider of individual debtor Any relative of the debtor or of a general partner of the Exempt assets Property that a debtor is allowed to retain, free from the claims of creditors who do not have liens on the property.

Exemptions, exempt property Certain property owned by an individual debtor that the Bankruptcy Code or applicable state law permits the debtor to keep from unsecured creditors. For example, in some states the debtor may be able to exempt all or a portion of the equity in the debtor's primary residence homestead exemption , or some or all tools of the trade used by the debtor to make a living auto tools for an auto mechanic or dental tools for a dentist . The availability and amount of property the debtor may exempt depends on the state the debtor lives in.

Ex parte A proceeding brought before a court by one party only, without notice to or challenge by the other side. Points or Point Information - Penalty points imposed by the Motor Vehicles Division after conviction of a traffic offense.

Prejudice - Unfair harm to one party.

Power of Attorney - Formal authorization of a person to act in the interests of another who is incapable of managing his or her own affairs or property.

Nonjury trial - Trial before the court but without a jury

Notary Public - A public officer whose function it is to administer oaths, to attest and certify documents, and to take acknowledgments

Pour-Over Will - A will that leaves some or all estate assets to a trust established before the will-maker's death.

Equitable Pertaining to civil suits in equity rather than in law. In English legal history, the courts of law could order the payment of damages and could afford no other remedy see damages . A separate court of equity could order someone to do something or to cease to do something e.g., injunction . In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in law cases but not in equity cases.

Equity The value of a debtor's interest in property that remains after liens and other creditors' interests are considered.

In forma pauperis In the manner of a pauper. Permission given by the court to file a case without payment of the required court fees because the person cannot pay them.

Information A formal accusation by a government attorney that the defendant committed a misdemeanor. See also indictment.

Injunction A court order preventing some action. A preliminary injunction often is issued to allow fact-finding, so a judge can determine whether a permanent injunction is justified.

Insider of corporate debtor: an officer of a company.

Noise Control Act - A act which gives government agencies the right to promulgate standards and regulations relating to abatement of noise emissions

Nonfeasance - Nonperformance of an act which should be performed; omission to perform a required duty or total neglect of duty

Transcript A written, word-for-word record of what was said, either in a proceeding such as a trial, or during some other formal conversation, such as a hearing or oral deposition, , maryland mva lawyer,.

Trustee Representative of the bankruptcy estate who exercises statutory powers, principally for the benefit of the unsecured creditors, under the general supervision of the court and the direct supervision of the U.S. trustee or bankruptcy administrator. The trustee is a private individual or corporation appointed in all chapter 7, chapter 12, and chapter 13 cases and some chapter 11 cases. The trustee's responsibilities include reviewing the debtor's petition and schedules and bringing actions against creditors or the debtor to recover property of the bankruptcy estate. In chapter 7, the trustee liquidates property of the estate, and makes distributions to creditors. Trustees in chapter 12 and 13 have similar duties to a chapter 7 trustee and the additional responsibilities of overseeing the debtor's plan, receiving payments from debtors, and disbursing plan payments to creditors.

Typing service A business not authorized to practice law that prepares bankruptcy petitions.

Leading question - A question that suggests the answer desired of the witness. A party generally may not ask one's own witness leading questions. Leading questions may be asked only of hostile witnesses and on cross-examination

Face sheet filing A bankruptcy case filed either without schedules or with incomplete schedules listing few creditors and debts. Face sheet filings are often made for the purpose of delaying an eviction or foreclosure.

Family farmer An individual, individual and spouse, corporation, or partnership engaged in a farming operation that meets certain debt limits and other statutory criteria for filing a petition under Chapter 12.

Hearsay Evidence presented by a witness who did not see or hear the incident in question but heard about it from someone else. With some exceptions, hearsay generally is not admissible as evidence at trial.

Lapsed gift - A gift made in a will to a person who has died prior to the will-makers death

Larceny - Obtaining property by fraud or deceit

Law - The combination of those rules and principles of conduct promulgated by legislative authority, derived from court decisions and established by local custom

declared incompetent, or other person under some disability

No Bill - This phrase, endorsed by a grand jury on the written indictment submitted to it for its approval, means that the evidence was found insufficient to indict

Federal public defender An attorney employed by the federal courts on a full time basis to provide legal defense to defendants who are unable to afford counsel. The judiciary administers the federal defender program pursuant to the Criminal Justice Act. <

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Home confinement A special condition the court imposes that requires an individual to remain at home except for certain approved activities such as work and medical appointments. Home confinement may include the use of electronic monitoring equipment - a transmitter attached to the wrist or the ankle - to help ensure that the person stays at home as required. Motion in Limine - A motion made by counsel requesting that information which might be prejudicial not be allowed to be heard in a case

U.S. attorney A lawyer appointed by the President in each judicial district to prosecute and defend cases for the federal government. The U.S. Attorney employs a staff of Assistant U.S. Attorneys that appear as the government's attorneys in individual cases.

Memorandum - An informal note or instrument embodying something the parties desire to have in written evidence

Jurisdiction - The power or authority of a court to hear and try a case the geographic area in which a court has power or the types of cases it has power to hear

Unlawful detainer action A lawsuit brought by a landlord against a tenant to evict the tenant from rental property - usually for nonpayment of rent.

Unliquidated claim A claim for which a specific value has not been determined.

Unscheduled debt A debt that should have been listed by the debtor in the schedules filed with the court but was not. Depending on the circumstances, an unscheduled debt may or may not be discharged.

Unsecured claim A claim or debt for which a creditor holds no special assurance of payment, such as a mortgage or lien; a debt for which credit was extended based solely upon the creditor's assessment of the debtor's future ability to pay.

Uphold The appellate court agrees with the lower court decision and allows it to stand. See affirmed, maryland mva lawyer, .

Pleadings - The written statements of fact and law filed by the parties to a lawsuit.

Polling the Jury - The act, after a jury verdict has been announced, of asking jurors individually whether they agree with the verdict.

Pretermitted Child - A child born after a will is executed, who is not provided for by the will.

Pretrial Conference - A meeting between the judge and the lawyers involved in a lawsuit to narrow the issues in the suit, agree on what will be presented at the trial, and explore the possibility of settling the case without a trial.

Pre-Sentence Report - A report designed to assist the judge in passing sentence on a convicted defendant. Such reports should contain at least the following: complete description of the situation surrounding the criminal activity , offender's educational background , offender's employment background , offender's social history , residence history of the offender , offender's medical history, information about environment to which the offender will return , information about any resources available to assist the offender , probation officer's view of the offender's motivations and ambitions, full description of the offender's criminal record , and recommendation as to disposition.

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Pretrial Intervention - Programs to aid certain qualifying criminal defendants by diverting them from prosecution and enrolling them in rehabilitative programs. Upon successful completion of the required program, the criminal case is dismissed. Pretrial intervention is most often used in substance abuse and domestic violence where the crime charged is the defendant's first offense.

Precedent - A previously decided case that guides the decision of future cases , source of common law.

Preponderance of the evidence - Evidence that is of greater weight or more convincing than the evidence that is offered in opposition to it. The amount of evidence that must be presented to prevail in most civil actions.

Libel - Published defamation which tends to injure a person's reputation

Licensing boards - State agencies established to control the issuance of licenses

Lien - An encumbrance or legal burden upon property

U.S. trustee An officer of the U.S. Department of Justice responsible for supervising the administration of bankruptcy cases, estates, and trustees; monitoring plans and disclosure statements; monitoring creditors' committees; monitoring fee applications; and performing other statutory duties.

Verdict The decision of a trial jury or a judge that determines the guilt or innocence of a criminal defendant, or that determines the final outcome of a civil case.

Voir dire Jury selection process of questioning prospective jurors, to ascertain their qualifications and determine any basis for challenge.

Legal aid - Professional legal services available usually to persons or organizations unable to afford such services

Notice to creditors - A notice given by the bankruptcy court to all creditors of a meeting of creditors

Nuncupative will - An oral unwritten will

Manslaughter - The unlawful killing of another without intent to kill; either voluntary or involuntary

Living trust - A trust set up and in effect during the lifetime of the grantor

process by which one party takes exception to some statement or procedure. An objection is either sustained allowed or overruled by the judge

Insider of corporate debtor A director, officer, or person in control of the debtor; a partnership in which the debtor is a general partner; a general partner of the debtor; or a relative of a general partner, director, officer, or person in control of the debtor.

Exemptions, exempt property Certain property owned by an individual debtor that the Bankruptcy Code or applicable state law permits the debtor to keep from unsecured creditors. For example, in some states the debtor may be able to exempt all or a portion of the equity in the debtor's primary residence homestead exemption , or some or all tools of the trade used by the debtor to make a living i.e., auto tools for an auto mechanic or dental tools for a dentist .

Jurisprudence- The study of law and the structure of the legal system, maryland mva lawyer, maryland mva attorney, maryland mva lawyer attorney, maryland mva lawyer lawyer,

Jury - A certain number of men and women selected according to law and sworn to try a question of fact or indict a person for public offense

Oath - A solemn pledge made under a sense of responsibility in attestation of the truth of a statement or in verification of a statement made

Undue hardship The most widely used test for evaluating undue hardship in the dischargeability of a student loan includes three conditions: 1 the debtor cannot maintain - based on current income and expenses - a minimal standard of living if forced to repay the loans; 2 there are indications that the state of affairs is likely to persist for a significant portion of the repayment period; and 3 the debtor made good faith efforts to repay the loans. The availability and amount of property the debtor may exempt depends on the state the debtor lives in.

Occupational Safety and Health Act A federal law designed to develop and occupational safety and health standards promote .

Jury Administrator - The court officer responsible for choosing the panel of persons to serve as potential jurors for a particular court term

Evidence Information presented in testimony or in documents that is used to persuade the fact finder judge or jury to decide the case in favor of one side or the other.

Exclusionary rule Doctrine that says evidence obtained in violation of a criminal defendant's constitutional or statutory rights is not admissible at trial.

Exculpatory evidence Evidence indicating that a defendant did not commit the crime.

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Justiciable - Issues and claims capable of being properly examined in court

Felony A serious crime, usually punishable by at least one year in prison.

File To place a paper in the official custody of the clerk of court to enter into the files or records of a case. Fraudulent transfer A transfer of a debtor's property made with an intent to defraud or for which the debtor receives less than the transferred property's value.

Mediation - Is aa form of alternative dispute resolution in which the parties bring their dispute to a neutral third party, who helps them agree on a settlement

Misdemeanor - A criminal offense lesser than a felony and generally punishable by fine or by imprisonment other than in a penitentiary , maryland mva lawyer,.

Naturalization - Is a Process by which a person acquires nationality after birth and becomes entitled to privileges of citizenship

Negligence - Failure to use care which a reasonable and prudent person would use under similar circumstances

Negotiation - The process of submission and consideration of offers until an acceptable offer is made and accepted

Next friend - One acting without formal appointment as guardian for the benefit of an infant, a person of unsound mind not judicially

Murder - The unlawful killing of a human being with deliberate intent to kill: Murder in the first degree is characterized by premeditation; murder in the second degree

Limited Jurisdiction - Refers to courts that are limited in the types of criminal and civil cases they may hear. For example, traffic violations generally are heard by limited jurisdiction courts

Litigant - A party to a lawsuit Fresh start The characterization of a debtor's status after bankruptcy, i.e., free of most debts. Giving debtors a fresh start is one purpose of the Bankruptcy Code.

Opening statement - The initial statement made by attorneys for each side, outlining the facts each intends to establish during the trial

Mittimus - The name of an order in writing, issuing from a court and directing the sheriff or other officer to convey a person to a prison, asylum, or reformatory, and directing the jailer or other appropriate official to receive and safely keep the person until his or her fate shall be determined by due course of law. Mitigation - A reduction, abatement, or diminution of a penalty or punishment imposed by law, maryland mva lawyer, maryland mva attorney, maryland mva lawyer attorney, maryland mva lawyer lawyer,

Moot - A moot case or a moot point is one not subject to a judicial determination because it involves an abstract question or a pretended controversy that has not yet actually arisen or has already passed. Mootness usually refers to a court's refusal to consider a case because the issue involved has been resolved prior to the court's decision, leaving nothing that would be affected by the court's decision

Murder - The unlawful killing of a human being with

Marshal - The executive officer of the federal court

Litigation - A lawsuit; a legal action, including all proceedings therein

Magistrate - Judicial officer exercising some of the functions of a judge but does not alaws have all of the powers of a judge. It also refers in a general way to a judge

Malfeasance - The commission of an unlawful act

Pre-Sentence Investigation - A background investigation of the defendant by the Department of Corrections, returnable to the sentencing judge on or before a certain date.

Preliminary Injunction - Court order requiring action or forbidding action until a decision can be made whether to issue a permanent injunction. It differs from a temporary restraining order.

Notice - Formal notification to the party that has been sued in a civil case of the fact that the lawsuit has been filed. Also, any form of notification of a legal proceeding

Grand jury A body of citizens who listen to evidence of criminal allegations, which is presented by the prosecutors, and determine whether there is probable cause to believe an individual committed an offense. See also indictment and U.S. attorney.

Habeas corpus Latin, meaning you have the body. A writ of habeas corpus generally is a judicial order forcing law enforcement authorities to produce a prisoner they are holding, and to justify the prisoner's continued confinement. Federal judges receive petitions for a writ of habeas corpus from state prison inmates who say their state prosecutions violated federally protected rights in some way.

Presentment - Declaration or document issued by a grand jury that either makes a neutral report or notes misdeeds by officials charged with specified public duties. It ordinarily does not include formal criminal charges.

Prima Facie - Presumably. A fact presumed to be true unless disproved by some evidence to the contrary. Evidence that will prevail until contradicted and overcome by other evidence. A prima facie case is one in which the plaintiff has presented sufficient evidence to require the defendant to go forward with his or her case. In other words, the plaintiff will prevail if the defendant does not rebut the plaintiff's case, maryland mva lawyer,.

Legitimate - That which is legal, lawful, recognized by law or according to law

Key number system - A research aid developed by the West Publishing Company which classifies digests of cases in on various law topics and subtopics which are given paragraph numbers called Key Numbers. Each key number for a given topic helps the researcher quickly find all references to the legal matter being researched

No-contest Clause - Language in a will that provides that a person who makes a legal challenge to the will's validity will be disinherited Pretrial Release - Release by sheriff's personnel after arrest and before any court appearance, but with a court appearance date.

P>Federal public defender organization As provided for in the Criminal Justice Act, an organization established within a federal judicial circuit to represent criminal defendants who cannot afford an adequate defense. Each organization is supervised by a federal public defender appointed by the court of appeals for the circuit.

Federal question jurisdiction Jurisdiction given to federal courts in cases involving the interpretation and application of the U.S. Constitution, acts of Congress, and treaties.

Leniency - Recommendation for a sentence less than the maximum allowed

National Labor Relations Board. - A federal agency which prevents and remedies unfair labor practices by employers and labor organizations

No-fault Proceedings - A civil case in which parties may resolve their dispute without a formal finding of error or fault

Legal texts - Books that cover specific areas of the law, usually dealing with a single topic,

Legislation - The act of giving or enacting laws; the power to make laws via legislation in contrast to court-made laws

Law Blank - A printed legal form available for preparing documents, maryland mva lawyer, jack i hyatt attorney, maryland mva lawyer, lawyer, maryland mva attorney, maryland mva lawyer ,

Law Clerk - In the United States, usually a law school student employed by a law firm to do research and other tasks. In the courts, a lawyer or law school student employed to do legal research

Letters Testamentary - Legal document issued by a court that shows an executor's legal right to take control of assets in the deceased person's name

Family farmer An individual, individual and spouse, corporation, or partnership engaged in a farming business which meets certain debt limits and other statutory criteria for filing a petition under Chapter 12.

Proof of claim A written statement describing the reason a debtor owes a creditor money, which typically sets forth the amount of money owed. There is an official form for this purpose.

Insider of individual debtor Any relative of the debtor or of a general partner of the debtor; partnership inwhich the debtor is a general partner; general partner of the debtor; or corporation of that the debtor is a director, officer, or person in control,

Interrogatories A form of discovery consisting of written questions to be answered in writing and under oath.

Subpoena duces tecum A command to a witness to appear and produce documents.

Substance abuse treatment A special condition the court imposes that requires an individual to undergo testing and treatment for abuse of illegal drugs, prescription drugs, or alcohol. Treatment may include inpatient or outpatient counseling and detoxification.

Bankruptcy estate All interests of the debtor in property at a time of the bankruptcy filing, maryland mva lawyer, The estate technically becomes the temporary legal owner of all of the debtor's property.

Bankruptcy judge A judicial officer of the United States district court who is the court official with decision-making power over federal bankruptcy cases.

Business bankruptcy A bankruptcy case in which the debtor is a business or an individual involved in business and the debts are for business purposes.

Capital offense A crime punishable by death.

Case file A complete collection of every document filed in court in a case. Case law The law as established in previous court decisions. A synonym for legal precedent. Akin to common law, which springs from tradition and judicial decisions.

Caseload The number of cases handled by a judge or a court.

Cause of action A legal claim.

Undersecured claim A debt secured by property that is worth less than the amount of the debt.

Venue The geographic area in which a court has jurisdiction. A change of venue is a change or transfer of a case from one judicial district to another.

Chambers The offices of a judge and his or her staff.

Chapter 7 The chapter of the Bankruptcy Code providing for liquidation, that is, the sale of a debtor's nonexempt property and the distribution of the proceeds to creditors. In order to be eligible for Chapter 7, the debtor must satisfy a means test. The court will evaluate the debtor's income and expenses to determine if the debtor may proceed under Chapter 7.

Consumer Debts incurred for personal, as opposed to business, needs.

Contingent claim A claim that may be owed by the debtor under certain circumstances, where the debtor is a cosigner on another person's loan and that person fails to pay.

Contract An agreement between two or more people that creates an obligation to do or not to do a certain thing.

Conviction A judgment of guilt against a criminal defendant.

Counsel Legal advice; a term also used to refer to the lawyers in a case.

Court Government entity authorized to resolve legal disputes. Judges sometimes use court to refer to themselves in the third person, as in the court has read the briefs, , maryland mva lawyer,.

Court reporter A person who makes a word-for-word record of what is said in court, generally by using a stenographic machine, shorthand or audio recording, and then produces a transcript of the proceedings upon request.

De jure Latin, meaning in law. Something that exists by operation of law.

De novo Latin, meaning anew. A trial de novo is a completely new trial. Appellate review de novo implies no deference to the trial judge's ruling.

Deposition An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial. See discovery.

Discharge A release of a debtor from personal liability for certain dischargeable debts. Notable exceptions to dischargeability are taxes and student loans. A discharge releases a debtor from personal liability for certain debts known as dischargeable debts and prevents the creditors owed those debts from taking any action against the debtor or the debtor's property to collect the debts. The discharge also prohibits creditors from communicating with the debtor regarding the debt, including through telephone calls, letters, and personal contact.

Dischargeable debt A debt for which the Bankruptcy Code allows the debtor's personal liability to be woped out. Disposable income Income not reasonably necessary for the maintenance or support of the debtor or dependents. If the debtor operates a business, disposable income is defined as those amounts over and above what is necessary for the payment of ordinary operating expenses.

Docket A log containing the complete history of each case in the form of brief chronological entries summarizing the court proceedings.

Due process In criminal law, the constitutional guarantee that a defendant will receive a fair and impartial trial. In civil law, the legal rights of someone who confronts an adverse action threatening liberty or property, maryland mva lawyer, maryland mva attorney, .

En banc French, meaning on the bench. All judges of an appellate court sitting together to hear a case, as opposed to the routine disposition by panels of three judges. In the Ninth Circuit, an en banc panel consists of 11 randomly selected judges.

Equitable Pertaining to civil suits in equity rather than in law. . A separate court of equity could order someone to do something or to cease to do something e.g., injunction . In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in law cases but not in equity cases.

Executory contracts Contracts or leases under which both parties to the agreement have duties remaining to be performed. If a contract or lease is executory, a debtor may assume it keep the contract or reject it terminate the contract . Exempt assets Property that a debtor is allowed to retain, free from the claims of creditors who do not have liens on the property.

Exemptions, exempt property Certain property owned by an individual debtor that the Bankruptcy Code or applicable state law permits the debtor to keep from unsecured creditors. For example, in some states the debtor may be able to exempt all or a portion of the equity in the debtor's primary residence homestead exemption , or some or all tools of the trade used by the debtor to make a living , auto tools for an auto mechanic or dental tools for a dentist . The availability and amount of property the debtor may exempt depends on the state the debtor lives in.

Federal public defender An attorney employed by the federal courts on a full-time basis to provide legal defense to defendants who are unable to afford counsel. The judiciary administers the federal defender program pursuant to the Criminal Justice Act, maryland mva lawyer, maryland mva attorney, maryland mva lawyer attorney, .

Federal public defender organization As provided for in the Criminal Justice Act, an organization established within a federal judicial circuit to represent criminal defendants who cannot afford an adequate defense. Each organization is supervised by a federal public defender appointed by the court of appeals for the circuit.

Federal question jurisdiction Jurisdiction given to federal courts in cases involving the interpretation and application of the U.S. Constitution, acts of Congress, and treaties.

Count An allegation in an indictment or information, charging a defendant with a crime. An indictment or information may contain allegations that the defendant committed more than one crime. Each allegation is referred to as a count, maryland mva lawyer,.

Creditor A person to whom or business to which the debtor owes money or that claims to be owed money by the debtor.

Plea In a criminal case, the defendant's statement pleading guilty or not guilty in answer to pending charges.

Pleadings Written statements filed with the court that describe a party's legal or factual assertions about the case.

Class action A lawsuit in which one or more members of a large group, or class, of individuals or other entities sue on behalf of the entire class. The district court must find that the claims of the class members contain questions of law or fact in common before the lawsuit can proceed as a class action.

Federal question jurisdiction given to federal courts in cases involving the interpretation and application of the U.S. Constitution, acts of Congress, and treaties.

Inculpatory evidence Evidence indicating that a defendant did commit the crime.

Indictment The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies. See also information. Points or Point Information - Penalty points imposed by the Motor Vehicles Division after conviction of a traffic offense.

Prejudice - Unfair harm to one party.Objection to exemptions A trustee's or creditor's objection to the debtor's attempt to claim certain property as exempt from liquidation by the trustee to creditors, maryland mva lawyer,.

Opinion A judge's written explanation of the decision of the court. Because a case may be heard by three or more judges in the court of appeals, the opinion in appellate decisions can take several forms. If all the judges completely agree on the result, one judge will write the opinion for all. If all the judges do not agree, the formal decision will be based upon the view of the majority, and one member of the majority will write the opinion. The judges who did not agree with the majority may write separately in dissenting or concurring opinions to present their views. A dissenting opinion disagrees with the majority opinion because of the reasoning and/or the principles of law the majority used to decide the case. A concurring opinion agrees with the decision of the majority opinion, but offers further comment or clarification or even an entirely different reason for reaching the same result. Only the majority opinion can serve as binding precedent in future cases. See also precedent.

Oral argument An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.

In appellate cases, a group of judges usually three assigned to decide the case; . In the jury selection process, the group of potential jurors; 3. The list of attorneys who are both available and qualified to serve as court-appointed counsel for criminal defendants who cannot afford their own counsel.

Fraudulent transfer A transfer of a debtor's property made with intent to defraud or for which the debtor receives less than the transferred property's value. Fresh start The characterization of a debtor's status after bankruptcy, free of most debts. Giving debtors a fresh start is one purpose of the Bankruptcy Code.

Consecutive sentence Prison terms for two or more offenses to be served one after the other. Example: Two five-year sentences and one three-year sentence, if served consecutively, result in a maximum of 13 years behind bars.

Priority The Bankruptcy Code's statutory ranking of unsecured claims that determines the order in which unsecured claims will be paid if there is not enough money to pay all unsecured claims in full.

Postpetition transfer A transfer of the debtor's property made after the commencement of the case.

Prebankruptcy planning The arrangement or rearrangement of a debtor's property to allow the debtor to take maximum advantage of exemptions. Prebankruptcy planning typically includes converting nonexempt assets into exempt assets, maryland mva lawyer,.

Pretrial services A function of the federal courts that takes place at the very start of the criminal justice process - after a person has been arrested and charged with a federal crime and before he or she goes to trial. Pretrial services officers focus on investigating the backgrounds of these persons to help the court determine whether to release or detain them while they await trial. The decision is based on whether these individuals are likely to flee or pose a threat to the community. If the court orders release, a pretrial services officer supervises the person in the community until he or she returns to court.

Reverse The act of a court setting aside the decision of a lower court. A reversal is often accompanied by a remand to the lower court for further proceedings.

Secured creditor A secured creditor is an individual or business that holds a claim against the debtor that is secured by a lien on property of the estate. The property subject to the lien is the secured creditor's collateral.

Precedent A court decision in an earlier case with facts and legal issues similar to a dispute currently before a court. Judges will generally follow precedent - meaning that they use the principles established in earlier cases to decide new cases that have similar facts and raise similar legal issues. A judge will disregard precedent if a party can show that the earlier case was wrongly decided, or that it differed in some significant way from the current case.

Preferential debt payment A debt payment made to a creditor in the 90-day period before a debtor files bankruptcy or within one year if the creditor was an insider that gives the creditor more than the creditor would receive in the debtor's chapter 7 case.

Pro per A slang expression sometimes used to refer to a pro se litigant. It is a corruption of the Latin phrase in propria persona.

Property of the estate All legal or equitable interests of the debtor in property as of the commencement of the case.

Pro se Representing oneself. Serving as one's own lawyer.

Prosecute To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.

Pro tem Temporary.

In forma pauperis In the manner of a pauper.Permission given by the court to a person to file a case without payment of the required court fees because the person cannot pay them.

Information A formal accusation by a government attorney that a defendant committed a misdemeanor. See also indictment, ack hyatt, maryland mva lawyer attorney, maryland mva attorney, ..

Injunction A court order preventing one or more named parties from taking some action. A preliminary injunction often is issued to allow fact-finding, so a judge can determine whether a permanent injunction is justified.

Priority claim An unsecured claim that is entitled to be paid ahead of other unsecured claims that are not entitled to priority status. Priority refers to the order in which these unsecured claims are to be paid.

Probation Sentencing option in the federal courts. With probation, instead of sending an individual to prison, the court releases the person to the community and orders him or her to complete a period of supervision monitored by a U.S. probation officer and to abide by certain conditions.

Liable - Legally responsible

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In forma pauperis In the manner of a pauper. Permission given by the court to a person to file a case without payment of the required court fees because the person cannot pay them.

Information A formal accusation by a government attorney that the defendant committed a misdemeanor. See also indictment.

Clerk of court The court officer who oversees administrative functions, especially managing the flow of cases through the court. The clerk's office is often called a court's central nervous system,

Collateral Property that is promised as security for the satisfaction of a debt.

Impeachment The process of calling a witness's testimony into doubt. For example, if the attorney can show that the witness may have fabricated portions of his testimony, the witness is said to be It is also called the constitutional process whereby the House of Representatives may impeach accuse of misconduct high officers of the federal government, who are then tried by the Senate.

In camera Latin, meaning in a judge's chambers. Often means outside the presence of a jury and the public. In private.

Ex parte A proceeding brought before a court by one party only, without notice to or challenge by the other side, maryland mva lawyer, maryland mva lawyer attorney, maryland mva attorney, .

Lawsuit - An action or proceeding in a civil court; term used for a suit or action between two private parties in a court of law

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Legal process - A formal paper that is legally valid; something issuing from the court, usually a command such as a writ or mandate

Malicious prosecution - An action instituted with intention of injuring the defendant and without probable cause, and which terminates in favor of the person prosecuted

Malpractice - Any professional misconduct is characterized by the sudden and instantaneous intent to kill or to cause an injury without caring if the injury kills or not

Mutual assent - A meeting of the minds; agreement

Letters of Administration - Legal document issued by a court that shows an administrator's legal right to take control of assets in the deceased person's name

Ex parte A proceeding brought before a court by one party only, without notice to or challenge by the other side.

Probation officer Officers of the probation office of a court. Probation officer duties include conducting presentence investigations, preparing presentence reports on convicted defendants, and supervising released defendants, maryland mva lawyer, maryland mva attorney, maryland mva lawyer attorney, .

Acceptance - This is an unambiguous communication that the offer has been accepted. For contracts controlled by the UCC, contracts involving the sales of goods need not mirror the offer's terms. For other contracts, agreements or the acceptance must mirror the offer's terms without omitting, adding, or altering terms. In other words, under the UCC, the acceptance may alter the terms of the offer without becoming a counteroffer.

Writ of Certiorari - An order by the appellate court used when the court has the discretion if or not to hear an appeal.

Writ of Mandamus - A writ to compel performance of a person's responsibilities as set forth by law.

Writ of Prohibition - A writ used by a superior court to prevent an inferior court from exceeding its jurisdiction.

Writ of Superintending Control - A writ issued to prevent a gross miscarriage of justice by correcting the erroneous ruling of a lower court that is acting within its jurisdiction but is making mistakes of law or is acting in willful disregard of the law. The writ is issued when there is no appeal or when an appeal cannot provide adequate relief.

Accomplice - A partner in a crime. A person who knowingly and voluntarily participates with another in a criminal activity.

Accord and Satisfaction - Compromise and settlement. A way to discharge a claim whereby the parties agree to give and accept something in settlement of the claim that will replace the terms of the parties' original agreement. Accord is the new agreement; satisfaction is performance of the new agreement.

Acknowledgment - A statement of acceptance of responsibility. The short declaration at the end of a legal paper showing that the paper was duly executed and acknowledged.

Will - A legal declaration that disposes of a person's property when that person dies.

Without Prejudice - A claim or cause dismissed without prejudice may be the subject of a new lawsuit.

With Prejudice - Applied to orders of judgment dismissing a case, meaning that the plaintiff is forever barred or prevented from bringing a lawsuit on the same claim or cause.

Witness - A person who testifies to what he she has seen, heard, or otherwise experienced. Also, a person who observes the signing of a will and is competent to testify that it is the will-maker's intended last will and testament.

Writ - A judicial order directing a person to do something, maryland mva lawyer, maryland mva attorney, maryland mva lawyer attorney, .

Affirmed - A decision by an appellate court stating that the decision of the trial court is correct.

Aid and Abet - To actively, knowingly or intentionally assist another person in the commission or attempted commission of a crime. Alford Plea - A plea to a criminal charge that does not admit guilt, but admits that sufficient evidence exists to obtain a conviction.

Allegation - A statement of the issues in a written document a pleading that a person is prepared to prove in court. For example, an indictment contains allegations of crimes against the defendant.

Alleged - Stated; claimed; asserted; charged. Alternative Dispute Resolution - Settling a dispute without a full or formal trial. Methods include mediation, conciliation, arbitration, and settlement facilitation, among others.

Amend - Improve, correct or change a complaint or other pleading.

Unlawful Search - Examination or inspection of premises or persons without authority of the law and in violation of the immunity from unreasonable search and seizure under the Fourth Amendment to the U.S. Constitution

Plaintiff A person or business that files a formal complaint with the court.

Plan A debtor's detailed description of how the debtor proposes to pay creditors' claims over a fixed period of time.

Concurrent sentence Prison terms for two or more offenses to be served at the same time, rather than one after the other. Example: Two five-year sentences and one three-year sentence, if served concurrently, result in a maximum of five years behind bars.

Confirmation Approval of a plan of reorganization by a bankruptcy judge.

Unsecured - In collection or bankruptcy proceedings, a debt or a claim is unsecured if there is no collateral, or to the extent the value of collateral is less than the amount of the debt.

Usury - Charging a higher interest rate or higher fees than the law allows.

Writ of Attachment - A writ of the court ordering the sheriff to seize or hold a debtor's property and bring the property before the court.

Acquit, Acquittal - A finding of not guilty by a judge or jury.

Action - Case, cause, suit, or controversy disputed or contested before a court.

Additur - An increase by a judge in the amount of damages awarded by a jury.

Adjudication - Judgment rendered by the court after a determination of the issues.

Ad Litem - A Latin that means for the purpose of the lawsuit. A guardian ad litem is a person appointed by the court to protect the interests of a minor or legally incompetent person in a lawsuit.

Administrator - One who administers the estate of a person who dies without a will, maryland mva lawyer, . An official who manages a court.

Waiver of Immunity - A means authorized by statute by which a witness, before testifying or producing evidence, may relinquish the right to refuse to testify against himself or herself, thereby making it possible for his or her testimony to be used against him or her in future proceedings.

Warrant - Most commonly, a court order authorizing law enforcement officers to make an arrest or conduct a search. An affidavit seeking a warrant must establish probable cause by detailing the facts upon which the request is based.

Warrantless Search - Examination of a person or premises without first obtaining a warrant, which may be lawful under such limited circumstances as a domestic violence situation, emergency, hot pursuit, consent, or threat of immediate removal of contraband.

Administrative Revocation - The taking of a driver's license by the Motor Vehicle Division, through law enforcement agents and administrative law judges without involvement by the courts.

Admissible Evidence - Evidence that can be legally and properly introduced in a civil or criminal trial.

Waive - To give up a known right voluntarily. susch asTo give up the right to an lawyer.

Waiver - In extradition proceedings, a form signed before a judge whereby a defendant voluntarily submits to pick-up by a foreign jurisdiction, waiving his her rights as guaranteed under the Constitution.

Affidavit of Insolvency - A detailed form signed by the defendant, under oath, attesting to his her indigency inability to pay for private legal counsel . Affirmative Defense - Apart from denying a charge or claim, a defendant may assert affirmative defenses such as insanity, self-defense or entrapment to avoid criminal responsibility, or assert the statute of limitations or bankruptcy to avoid civil liability.

Vacate - To set aside, as a judgment. vVenire - A writ summoning persons to a court to act as jurors, also refers to the people summoned for jury duty, as in the jury venire or jury panel.

Venue - The place in which prosecution is brought; venue may be in the county of the defendant's residence or in the county in which the offense is alleged to have been committed.

Vested - Fixed; accrued; settled; absolute.

Verdict - The findings of a judge or jury at the end of the trial.

Procedure The rules for conducting a lawsuit; there are rules of civil procedure, criminal procedure, evidence, bankruptcy, and appellate procedure.

Proof of claim A written statement showing the reason a debtor owes a creditor money, which typically sets forth the amount of money owed. There is an official form for this purpose.

Redemption A procedure in a Chapter 7 case whereby a debtor removes a secured creditor's lien on collateral by paying the creditor the value of the property. The debtor may then retain the property.

Petit jury or trial jury A group of citizens who hear the evidence presented by both sides at trial and determine the facts in dispute. Federal criminal juries consist of 12 persons. Federal civil juries consist of at least six persons.

Petition The document that initiates the filing of a bankruptcy proceeding, setting forth basic information regarding the debtor, including name, address, chapter under which the case is filed, and estimated amount of assets and liabilities.

Pretrial conference A meeting of the judge and lawyers to plan the trial, to discuss which matters should be presented to the jury, to review proposed evidence and witnesses, and to set a trial schedule. Typically, the judge and the parties also discuss the possibility of settlement of the case.

Secured debt Debt backed by a mortgage, pledge of collateral, or other lien debt for which the creditor has the right to pursue specific pledged property upon default. Examples include home mortgages, auto loans and tax liens.

Sanction A penalty or other type of enforcement used to bring about compliance with the law or with rules and regulations.

Schedules Lists submitted by the debtor along with the petition or shortly thereafter showing the debtor's assets, liabilities, and other financial information. There are official forms a debtor must use.

Chapter 7 trustee A person appointed in a Chapter 7 case to represent the interests of the bankruptcy estate and the creditors. The trustee's responsibilities include reviewing the debtor's petition and schedules, liquidating the property of the estate, and making distributions to creditors. The trustee may also bring actions against creditors or the debtor to recover property of the bankruptcy estate, maryland mva lawyer

Chapter 9 The chapter of the Bankruptcy Code providing for reorganization of

Parole The release of a prison inmate - granted by the Parole Commission - after the inmate has completed part of his or her sentence in a federal prison. When the parolee is released to the community, he or she is placed under the supervision of a U.S. municipalities which includes cities and towns, as well as villages, counties, taxing districts, municipal utilities, and school districts, maryland mva lawyer, maryland mva attorney, maryland mva lawyer attorney, .

Interpleader - An action in which a third person asks the Court to determine the rights of others to property held-but not owned-by the third person.

Interrogatories - Written questions asked by one individual in a lawsuit for which the opposing individual must provide written answers.

Intervention - An action by which a third person that may be affected by a lawsuit is permitted to become a individual to the suit.

Inter Vivos Gift - A gift made during the giver's life.

Oral Argument - An opportunity for lawyers to summarize their positions before the court and also to answer the judges' questions.

Order - A written or oral command from a court directing or forbidding an action.

Ordinance - A law adopted by the governing body of a municipality or county.

Overrule - A judge's decision not to allow an objection. Also, a decision by a higher court finding that a lower court decision was in error

Parens Patriae - The doctrine under which the court protects the interests of a juvenile.

Parol Evidence - Oral evidence.

Parol Evidence Rule - When a written agreement is intended to be a complete and final document, then the terms of the agreement cannot be altered by evidence of oral parol agreements that purport to change, explain, or contradict the written agreement.

Parole - The supervised conditional release of a prisoner before the expiration of his her sentence. If the parolee observes the conditions, he she need not serve the rest of his her term.

Individual - A person, business, organization or government agency involved in the prosecution or defense of a legal proceeding.

Inter Vivos Trust - Another name for living trust.

Intestacy Laws - See Descent and Distribution Statutes.

Intestate - Dying without having a will.

Intestate Succession - The process by which the property of a person who has died without a will passes on to others according to the state's descent and distribution statutes. If someone dies without a will and the court uses the state's intestate succession laws, an heir who receives some of the deceased's property is an intestate heir.

Invoke the Rule - Separation and exclusion of witnesses other than parties from the courtroom.

Irrevocable Trust - A trust that, once it is set up, the grantor may not revoke.

Issue - . The disputed point in a disagreement between parties in a lawsuit. . To send out officially, as in to issue an order.

Joinder - Combining charges or defendants on the same complaint. Where a crime is committed by two people, both may be charged on one complaint. Joinder also applies in civil cases, where parties and claims may be joined in one complaint.

Joint and Several Liability - A legal doctrine that makes each of the parties who are responsible for an injury liable for all the damages awarded in a lawsuit if the other responsible parties cannot pay.

Joint Tenancy - A form of legal co-ownership of property also known as survivorship . At the death of one co-owner, the surviving co-owner becomes sole owner of the property. Tenancy by the entirety is a special form of joint tenancy between a husband and wife.

Judge - An elected or appointed public official with authority to hear and decide cases in a court of law. A judge Pro Tem is a temporary judge.

Judgment - The first disposition of a lawsuit.

Consent Judgment - Occurs when the provisions and terms of the judgment are agreed on by the parties and submitted to the court for its sanction and approval.

Default Judgment - A judgment rendered because of the defendant's failure to answer or appear.

Judgment Notwithstanding the Verdict - Judgment entered by order of the court for one individual notwithstanding the jury's verdict in favor of the other individual. A judgment notwithstanding the verdict may only arise after a motion for a directed verdict.

Judgment on the Pleadings - Judgment based on the pleadings alone. It is used when there is no dispute as to the facts of the case and one individual is entitled to a judgment as a matter of law.

Summary Judgment - Judgment given on the basis of pleadings, affidavits, and exhibits presented for the record without any need for a trial. As with Judgment on the Pleadings, it is used when there is no dispute as to the facts of the case and one individual is entitled to a judgment as a matter of law.

Objection - The process by which one individual tries to prevent the introduction of evidence or the use of a procedure at a hearing. An objection is either sustained allowed or overruled by the judge.

Offense - A violation of a municipal ordinance or state statute.

Offer - An expression of willingness to enter into a bargain that is definite and certain in its terms and that is communicated to the offeree. Once accepted, the offer is transformed into a contractual obligation.

Offeree - The person to whom an offer is made.

Offeror - The person who makes an offer.

Opening Statement - The initial statement made by lawyers for each side, outlining the facts each intends to establish during the trial.

Opinion - A judge's written explanation of a decision of the court or of a majority of judges. A dissenting opinion disagrees with the majority opinion because of the reasoning and or the principles of law on which the decision is based. A concurring opinion agrees with the decision of the court but offers further comment or different reasoning. A per curiam opinion is an unsigned opinion of the court.''

Judgment and Sentence - The official document of a judge's disposition of a case sentencing a defendant to the Department of Corrections or jail custody.

Judicial Review - The authority of a court to review the official actions of other branches of government. Also, the authority to declare unconstitutional the actions of other branches.

Jurat - Certificate of officer or person whom writing was sworn before. Typically, jurat is used to mean the certificate of the competent administering officer that writing was sworn to by person who signed it.

Jurisdiction - The court's legal authority to hear and resolve specific disputes.

Jurisdiction is usually composed of personal jurisdiction authority over persons and subject matter jurisdiction authority over types of cases.

Jurisprudence - The study of law and the structure of the legal system.

Juror Disqualified - Juror excused from a trial.

Jury - Persons selected according to law and sworn to inquire into and declare a verdict on matters of fact. A petit jury is a trial jury, composed of 6 to persons, which hears either civil or criminal cases.

Jury Array - The whole body of prospective jurors summoned to court from which the jury will be selected. Also called Jury Panel.

Non-jury trial - A case tried by a judge on the facts as well as the law.

No Probable Cause - Insufficient grounds to hold the person who was arrested.

Jury Trial - A trial in which the jury judges the facts and the judge rules on the law.

Justiciable - Issues and claims capable of being properly examined in court. Juvenile - A person under 8 years of age.

Kangaroo Court - Term descriptive of a sham legal proceeding in which a person's rights are totally disregarded and in which the result is a foregone conclusion because of the bias of the court or other tribunal.

Knowingly and Willfully - This phrase, in reference to violation of a statute, means consciously and intentionally.

Negligence - Failure to exercise the degree of care that a reasonable person would exercise under the same circumstances.

Next Friend - One acting without formal appointment as guardian for the benefit of an infant, a person of unsound mind not judicially declared incompetent, or other person under some disability.

No-Contest Clause - Language in a will providing that a person who makes a legal challenge to the will's validity will be disinherited.

No Contest Plea - See Nolo Contendere.

No-Fault Proceedings - A civil case in which parties may resolve their dispute without a formal finding of error or fault.

Notice - Formal notification to the individual that has been sued that a civil lawsuit has been filed. Also, any form of notification of a legal proceeding or filing of a document.

Notice of Lis Pendens - A notice filed on public records to warn all persons that the title to certain property is in litigation, and that if they purchase or lease that property they are in danger of being bound by an adverse judgment. The notice is for the purpose of preserving rights pending litigation.

Nuisance - An unreasonable, unwarranted, or unlawful use of one's property that annoys, disturbs, or inconveniences another in the use of his or her property. Violation of an ordinance that forbids annoyance of the public in general.

Nunc Pro Tunc - An entry made now for an act done previously and to have the effect as if it were done on a prior date.

Nuncupative Will - An oral unwritten will.

Oaths - Sworn attestations required in court, usually administered by the in-court clerk.

Jury List - A list containing the names of jurors empanelled to try a cause or containing the names of all the jurors summoned to attend court.

Jury Polling - The procedure by which each individual juror is asked to affirm his or her verdict in open court at the conclusion of a trial.

Complaint A written statement that begins a civil lawsuit, in which the plaintiff details the claims against the defendant.

Credit counseling Generally refers to two events in individual bankruptcy cases, the individual or group briefing from the nonprofit budget or credit counseling agency that individual debtors must attend prior to filing under any chapter of the Bankruptcy Codeand a instructional course in financial management in chapters 7 and 13 that an individual debtor must complete before a discharge is entered. There are exceptions to both requirements for certain categories of debtors, exigent circumstances, or if the U.S. trustee or bankruptcy administrator have determined that there are insufficient approved credit counseling agencies available to provide the necessary counseling.

Injunction - Writ or order by a court prohibiting a specific action from being carried out by a person or group. A preliminary injunction is granted provisionally, until a full hearing can be held to determine if it should be made permanent.

Common law The legal system that originated in England and is now in use in the United States, which relies on the articulation of legal principles in a historical succession of judicial decisions. Common law principles can be changed by legislation, ack hyatt, maryland mva lawyer attorney, maryland mva attorney, ..

Community service A special condition the court imposes that requires an individual to work without any pay for a civic or nonprofit organization.

Per Se Law - In the Motor Vehicle Code, the per se crime is driving with a blood alcohol level of .08 or greater, as established through a valid testing procedure. No proof is required to show that the defendant was under the influence since the law concludes that driving with a blood alcohol content BAC of .08 or greater is driving while intoxicated. DWI can be proved by other evidence even if a defendant's BAC is less than .08.

Personal Property - Tangible physical property such as cars, clothing, furniture and jewelry and intangible personal property such as bank accounts . This does not include real property such as land or rights in land.

Initial Appearance - In criminal law, the hearing at which a judge determines whether there is sufficient evidence against a person charged with a crime to hold him her for trial. The Constitution bans secret accusations, so initial appearances are public unless the defendant asks otherwise; the accused must be present, though he she usually does not offer evidence. Also called first appearance.

Inspectorial Search - An entry into and examination of premises or vehicles by an inspector for the identification and correction of conditions dangerous to health or safety.

Instructions - Judge's explanation to the jury before it begins deliberations of the questions it must answer and the applicable law governing the case. Also called charge to the jury.

Intangible assets - Nonphysical items that have value, such as stock certificates, bonds, bank accounts, and pension benefits. Intangible assets must be taken into account in estate planning and divorce.

Interlocutory - Provisional; not final. An interlocutory order or an interlocutory appeal concerns only a part of the issues raised in a lawsuit.

Inspectorial Search - An entry into and examination of premises or vehicles by an inspector for the identification and correction of conditions dangerous to health or safety.

Instructions - Judge’s explanation to the jury before it begins deliberations of the questions it must answer and the applicable law governing the case. Also called charge to the jury.

Interlocutory - Provisional; not final. An interlocutory order or an interlocutory appeal concerns only a part of the issues raised in a lawsuit.

Interpleader – An action in which a third person asks the Court to determine the rights of others to property held—but not owned—by the third person.

Interrogatories - Written questions asked by one individual in a lawsuit for which the opposing individual must provide written answers.

Intervention - An action by which a third person that may be affected by a lawsuit is permitted to become a individual to the suit.

Inter Vivos Gift - A gift made during the giver’s life.

Oral Argument - An opportunity for lawyers to summarize their positions before the court and also to answer the judges’ questions.

Order - A written or oral command from a court directing or forbidding an action.

Ordinance – A law adopted by the governing body of a municipality or county.

Overrule - A judge’s decision not to allow an objection. Also, a decision by a higher court finding that a lower court decision was in error

Parens Patriae - The doctrine under which the court protects the interests of a juvenile.

Parol Evidence – Oral evidence.

Parol Evidence Rule – When a written agreement is intended to be a complete and final document, then the terms of the agreement cannot be altered by evidence of oral parol agreements that purport to change, explain, or contradict the written agreement.

Parole - The supervised conditional release of a prisoner before the expiration of the sentence, maryland mva lawyer, maryland mva attorney, . If the parolee observes the conditions, he she need not serve the rest of his her term, maryland mva lawyer

Individual - A person, business, organization or government agency involved in the prosecution or defense of a legal proceeding.

Inter Vivos Trust - Another name for living trust.

Intestacy Laws - See Descent and Distribution Statutes.

Intestate - Dying without having a will.

Judgment Notwithstanding the Verdict – Judgment entered by order of the court for one individual notwithstanding the jury’s verdict in favor of the other individual. A judgment notwithstanding the verdict may only arise after the motion for a directed verdict.

Judgment on the Pleadings – Judgment based on the pleadings alone. It is used when there is no dispute as to the facts of the case and one individual is entitled to a judgment as a matter of law.

Offense - A violation of a municipal ordinance or state statute.

Infraction - A violation of law not punishable by imprisonment. Minor traffic offenses generally are considered infractions.

Inheritance Tax - A state tax on property that an heir or beneficiary under a will receives from a deceased person's estate. The heir or beneficiary pays this tax.

Patent - A government grant giving an inventor the exclusive right to make or sell his her invention for a term of years.

Penalty Assessment - Procedure in which traffic offender is allowed to mail in a fine plead guilty by mail . Points may be assessed against the person's driving record for penalty assessment offenses, maryland mva lawyer,

Peremptory Challenge - The right to challenge a judge or prospective juror without assigning a reason for the challenge.

Perjury - The criminal offense of making a false statement under oath.

Offer – An expression of willingness to enter into a bargain that is definite and certain in its terms and that is communicated to the offeree. Once accepted, the offer is transformed into a contractual obligation.

Intestate Succession - The process by which the property of a person who has died without a will passes on to others according to the state’s descent and distribution statutes. If someone dies without a will and the court uses the state’s intestate succession laws, an heir who receives some of the deceased’s property is an intestate heir.

Invoke the Rule - Separation and exclusion of witnesses other than parties from the courtroom.

Irrevocable Trust - A trust that, once it is set up A grantor CAN not revoke.

Issue - . The disputed point in a disagreement between parties in a lawsuit. . To send out officially, as in to issue an order.

Joinder – Combining charges or defendants on the same complaint. Where a crime is committed by two people, both may be charged on one complaint. Joinder also applies in civil cases, where parties and claims may be joined in one complaint.

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In camera Latin, meaning in a judge's chambers. Often means outside the presence of a jury and the public. In private.

Inculpatory evidence Evidence indicating that a defendant did commit the crime, maryland mva lawyer,.

Judge - An elected or appointed public official with authority to hear and decide cases in a court of law. A judge Pro Tem is a temporary judge.

Judgment - The first disposition of a lawsuit.

Consent Judgment - Occurs when the provisions and terms of the judgment are agreed on by the parties and submitted to the court for its sanction and approval.

Default Judgment - A judgment rendered because of the defendant’s failure to answer or appear.

Offeree – The person to whom an offer is made.

Offeror – The person making an offer.

Opening Statement - The first statement made by lawyers for each side, outlining the facts each intends to establish during the trial.

Opinion - A judge’s written explanation of the decision of the court or of the majority of judges. The dissenting opinion opposes the majority opinion because of the reasoning and or the principles of law on which the decision is based. A concurring opinion agrees with the decision of the court but offers different reasoning. A per curiam opinion is an unsigned opinion of the court.

Judgment and Sentence - The official document of a judge’s disposition of a case committing a defendant to prison.

Judicial Review - The authority of a court to correct the official actions of other branches of government.

Jurat - Certificate of officer or person who administered an oath.

Ex parte A proceeding brought before a court by one party only, without notice to or challenge by the other side.

Chapter 15 is the chapter of the Bankruptcy Code dealing with cases of cross-border insolvency. Fresh start The characterization of a debtor's status after bankruptcy free of most debts. Giving debtors a fresh start is one purpose of the Bankruptcy Code.

probation officer. The Sentencing Reform Act was abolished parole in favor of a determinate sentencing system in which the sentence is set by sentencing guidelines. Now, without the option of parole, the term of imprisonment the court imposes is the actual time the person spends in prison.

Party in interest A party who has standing to be heard by the court in a matter to be decided in the bankruptcy case. The debtor, U.S. trustee or bankruptcy administrator, case trustee, and creditors are parties in interest for most matters.

Petition preparer A business not authorized to practice law that prepares bankruptcy petitions.

Per curiam Latin, meaning for the court. In appellate courts, often refers to an unsigned opinion.

Peremptory challenge A district court may grant each side in a civil or criminal trial the right to exclude a certain number of prospective jurors without cause or giving a reason.

Grand jury A body of citizens that listen to evidence of criminal allegations, which is presented by the prosecutors, and determine whether there is probable cause to believe an individual committed an offense. See also indictment and U.S. attorney.

In camera Latin, meaning in a judge's chambers. Often means outside the presence of a jury and the public.

Inculpatory evidence indicating that a defendant did commit the crime.

Indictment The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies..

Disclosure statement A written document prepared by the chapter 11 debtor or other plan proponent that is designed to provide adequate information to creditors to enable them to evaluate the chapter 11 plan of reorganization.

Discovery Procedures used to obtain disclosure of evidence before trial.

Dismissal with prejudice Court action that prevents an identical lawsuit from being filed later.

Dismissal without prejudice Court action that allows the later filing.

Joint administration A court-approved mechanism under which two or more cases can be administered together. Assuming no conflicts of interest, these separate businesses or individuals can pool their resources, hire the same professionals, etc.

Jurisdiction The legal authority of a court to hear and decide a certain type of case. It also is used as a synonym for venue, meaning the geographic area over which the court has territorial jurisdiction to decide cases.

Jurisprudence The study of law and the structure of the legal system.

Chief judge The judge who has primary responsibility for the administration of a court; chief judges are determined by seniority.

Claim A creditor's assertion of a right to payment from a debtor or the debtor's property.

Federal question jurisdiction Jurisdiction given to federal courts in cases involving the interpretation and application of the U.S. Constitution, acts of Congress, and treaties.

Felony A serious crime, usually punishable by at least one year in prison.

Prejudice - Unfair harm to one party.

Sua sponte Latin, meaning of its own will. Often refers to a court taking an action in a case without being asked to do so by either side.

Subordination The act or process by which a person's rights or claims are ranked below those of others.

Subpoena A command, issued under a court's authority, to a witness to appear and give testimony.

Federal question jurisdiction Jurisdiction given to federal courts in cases involving the interpretation and application of the U.S. Constitution, acts of Congress, and treaties.

Felony A serious crime, usually punishable by at least one year in prison.

Record A written account of the proceedings in a case, including all pleadings, evidence, and exhibits submitted in the course of the case.

Summary judgment A decision made on the basis of statements and evidence presented for the record without a trial. It is used when it is not necessary to resolve any factual disputes in the case, maryland mva lawyer,

Federal public defender An lawyer employed by the federal courts on a full time basis to provide legal defense to defendants who are unable to afford counsel. The judiciary administers a federal defender program as per the Criminal Justice Act.

File To place a paper in the official custody of the clerk of court to enter into the files or records of a case. Fraudulent transfer A transfer of a debtor's property made with intent to defraud or for which the debtor receives less than the transferred property's value. Fresh start The characterization of a debtor's status after bankruptcy, free of most debts. Giving debtors a fresh start is one purpose of the Bankruptcy Code.

File To place a paper in the official custody of the clerk of court to enter into the files

Felony A serious crime, usually punishable by at least one year in prison.

File To place a paper or document in the official custody of the clerk of court to enter into the files or records of a case. Fraudulent transfer A transfer of a debtor's property made with intent to defraud or for which the debtor receives less than the transferred property's value.

Jury The group of persons selected to hear evidence set forth in a trial and render a verdict on matters of fact. See also grand jury.

Jury instructions A judge's directions to the jury before it begins deliberations regarding the factual questions it must answer and the legal rules that it must apply.

Issue The disputed point between parties in a lawsuit or To send out officially, as in a court issuing an order.

Reaffirmation agreement An agreement by a debtor to continue paying a dischargeable debt after the bankruptcy, usually for the purpose of keeping collateral or mortgaged property that would otherwise be subject to repossession.

Appellate About appeals; an appellate court has the power to review the judgment of a lower court trial court or tribunal.

Appellant The party who appeals a district court's decision, usually seeking reversal of that decision.

Subpoena duces tecum A command to a witness to appear and produce documents.

Malfeasance - The commission of an unlawful act

Malicious prosecution - An action instituted with intention of injuring the defendant and without probable cause, and which terminates in favor of the person prosecuted

Merger - The absorption of aright into another

Minor - A person under the age of legal competence

Chapter 13 trustee A person appointed to administer a Chapter 13 case. A Chapter 13 trustee's responsibilities are similar to those of a Chapter 7 trustee; however, a Chapter 13 trustee has the additional responsibilities of overseeing the debtor's plan, receiving payments from debtors, and disbursing plan payments to creditors.

Impeachment The process of calling the witness's testimony into doubt. If the lawyer is able to can show that the witness may have fabricated portions of his testimony, the witness is said to be impeached; the

Malpractice - Any professional misconduct is characterized by a sudden and instantaneous intent to kill or to cause injury without caring whether the injury kills or not

Mutual assent - A meeting of the minds; agreement

Memorialized - In writing

In camera Latin, meaning in a judge's chambers. Often means outside the presence of a jury, maryland mva attorney, maryland mva lawyer, attorney maryland mva lawyer,

Deferred Sentence - A sentence that is postponed to a future time. After conviction, the judge does not announce or impose a sentence, but defers sentencing to a future date so that the defendant will complete certain conditions, such as attending driving school or completing a probationary period. If the person completes the requirements, the case will be dismissed and will not be part of the defendant's criminal record.

Demand for Discovery - Demand by the defense attorney to the prosecutor to furnish material information on a case.

Demanding State - The state seeking return of a fugitive.

Deficiency Judgment - Judgment for a creditor for an amount equal to the difference between the amount owed by the debtor and the amount collected from sale of the collateral.

De Novo - Anew. A trial de novo is a new trial of a case, such as a district court trial de novo of a magistrate court case.

Deposition - An oral statement made before an officer authorized by law to administer oaths. Such statements are taken to examine potential witnesses, to obtain discovery to be used later in trial. Testimony of a witness other than in open court.

Descent and Distribution Statutes - State laws that provide for the distribution of estate property of a person who dies without a will.

Designee - A person appointed by a judge to act for the court to set conditions of release for any person arrested at a time when the judge is not available.

Direct Evidence - Proof of facts by witnesses who saw acts done or heard words spoken.

Direct Examination - The first questioning of witnesses by the party on whose behalf they are called.

Directed Verdict - Now called judgment as a matter of law. An instruction by the judge to the jury to return a specific verdict.

Disbarment - Form of discipline of a lawyer resulting in the loss often permanently of that lawyer's right to practice law. It is more severe than censure an official reprimand or condemnation and suspension a temporary loss of the right to practice law.

Discharge of bond - A court order to release a bond.

Disclaim - To refuse a gift made in a will.

Discovery - Investigation and gathering of information by opposing parties prior to going to trial. The tools of discovery include: interrogatories, depositions, production of documents or things, permission to enter land or other property, physical and mental examinations, and requests for admission.

Discretion - A power or right conferred on a judge to act according to the dictates of his own judgment and conscience, uncontrolled by the judgment or conscience of others.

Dismissal - An order or judgment disposing of a case without a trial. With prejudice - In criminal cases, the defendant may not be charged with the specific crime again. A case is usually dismissed with prejudice when the court has not pursued action within the six-month time limit. In civil cases, the complainant is barred from bringing the same claim or cause of action against the same defendant. Without prejudice - the person may be charged with the specific crime again. A case is usually dismissed without prejudice when more evidence is needed in a case or the case needs to be filed in another court because of jurisdictional issues. In civil cases, the plaintiff is entitled to bring the same claim or cause of action again.

Disposition - The sentencing or other final settlement of a case.

Dissent - To disagree. An appellate court opinion setting forth the minority view and outlining the disagreement of one or more judges with the decision of the majority.

Diversion - The process of removing some minor offenses from the full judicial process, on the condition that the accused undergo some sort of rehabilitation or make restitution for damages.

DOC - The Department of Corrections - state prison facility.

Docket - A list of cases to be heard by a court or a log containing brief entries of court proceedings.

Docket Call - The proceeding in which a judge assigns trial dates or takes pleas.

Docket Number - The numerical designation assigned to each case by the court.

Domicile - The place where a person has his or her permanent legal home. A person may have several residences, but only one domicile.

Double Jeopardy - Putting a person on trial more than once for the same crime. It is forbidden by the Fifth Amendment to the U.S. Constitution.

Due Process of Law - The right of all persons to receive the guarantees and safeguards of the law and the judicial process. It includes such constitutional requirements as adequate notice of legal proceedings, opportunity to be heard by the judge, assistance of counsel, and the defendants' rights to remain silent, to a speedy and public trial, to an impartial jury and to confront and secure witnesses.

Elements of a Crime - Specific factors that define a crime and which the prosecution must prove beyond a reasonable doubt in order to obtain a conviction.

Eminent Domain - The power of the government to take private property for public use through condemnation.

En Banc - All the judges of a court sitting together. Appellate courts can consist of a dozen or more judges, but often they hear cases in panels of three judges. If a case is heard or reheard by the full court, it is heard en banc.

Endorsed - Stamped with the seal of the court indicating the date and time of filing with the court.

Enjoining - An order by the court telling a person to stop performing a specific act.

Entrapment - A defense to criminal charges alleging that agents of the government induced a person to commit a crime he or she otherwise would not have committed.

Entry of Judgment or Order - The filing of a written, dated and signed judgment or order.

Equal Protection of the Law - The guarantee in the Fourteenth Amendment to the U.S. Constitution Article III, and Article II, that the law treat all persons equally. Court decisions have established that this guarantee requires that courts be open to all persons on the same conditions, with like rules of evidence and modes of procedure , that persons be subject to no restrictions in the acquisition of property, the enjoyment of personal liberty, and the pursuit of happiness, which do not generally affect others, that persons are liable to no other or greater burdens than those are laid upon others , and that no different or greater punishment is enforced against them for a violation of the laws.

Escheat - The process by which a deceased person's property goes to the state if no heir can be found.

Escrow - Money or a written instrument such as a deed that, by agreement between two parties, is held by a neutral third party held in escrow until all conditions of the agreement are met.

Equity - Generally, justice or fairness. Historically, equity refers to a separate body of law developed in England in reaction to the inability of the common-law courts, in their strict adherence to rigid writs and forms of action, to consider or provide a remedy for every injury. The king therefore established the court of chancery to do justice between parties in cases where the common law would give inadequate redress. The principle of this system of law is that equity will find a way to achieve a lawful result when legal procedure is inadequate. Remedies such as restraining orders and injunctions are equitable remedies.

Estate - An estate consists of personal property car, household items, and other tangible items , real property and intangible property, such as stock certificates and bank accounts, owned in the individual name of a person at the time of the person's death. It does not include life insurance proceeds unless the estate was made the beneficiary or other assets that pass outside the estate like a joint tenancy asset.

Estate Tax - Generally, a tax on the privilege of transferring property to others after a person's death. In addition to federal estate taxes, many states have their own estate taxes.

Estoppel - A person's own act, or acceptance of facts, which preclude his or her later making claims to the contrary.

Et al. - And others.

Et Seq. - And the following.

Evidence - Testimony or exhibits received by the court at any stage of court proceedings.

Examination - The questioning of a witness under oath.

Exceptions - Declarations by either side in a civil or criminal case reserving the right to appeal a judge's ruling upon a motion or objection. Also, in regulatory cases, objections by either side to points made by the other side or to rulings by the agency or one of its hearing officers.

Exclusionary Rule - The rule preventing illegally obtained evidence, such as property found during an illegal search, from being used in any trial.

Execute - To complete the legal requirements such as signing before witnesses that make a will valid. Also, to execute a judgment or decree means to put the final

Inculpatory evidence

Burden of proof The duty to prove disputed facts. In many vil cases, a plaintiff generally has the burden of proving his or her case. In criminal cases, the government has the burden of proving the defendant's guilt, maryland mva attorneySee standard of proof.

Temporary restraining order Akin to a preliminary injunction, it is a judge's short-term order forbidding certain actions until a full hearing can be conducted. Often referred to as a TRO.

Testimony Evidence presented orally by witnesses during trials or before grand juries.

Supervised release Term of supervision served after a person is released from prison. The court imposes supervised release during sentencing in addition to the sentence of imprisonment. Unlike parole, supervised release does not replace a portion of the sentence of imprisonment but is in addition to the time spent in prison. U.S. probation officers supervise people on supervised release.

Bankruptcy petition A formal request for the protection of the federal bankruptcy laws. There is an official form for bankruptcy petitions.

Bankruptcy trustee A private individual or corporation appointed in all Chapter 7 and Chapter 13 cases to represent the interests of the bankruptcy estate and the debtor's creditors.

Bench trial A trial without a jury, in which the judge serves as the fact-finder.

Brief A written statement submitted in a trial or appellate proceeding that explains one side's legal and factual arguments. The party who opposes an appellant's appeal, and who seeks to persuade the appeals court to affirm the district court's decision.

Tort A civil, not criminal, wrong. A intentional or negligent injury against a person or property, with the exception of breach of contract.

Transfer Any mode or means by which a debtor disposes of or parts with his/her property.

Transcript A written, word-for-word record of what was said, either in a proceeding such as a trial, or during some other formal conversation,

Minute book - A book maintained by the courtroom deputy, which contains minute entries of all hearings and trial conducted by the judge

Minutes - Memorandum of a transaction or proceeding

Substantial abuse The characterization of a bankruptcy case filed by an individual whose debts are primarily consumer debts where the court finds that the granting of relief would be an abuse of chapter 7 because, for example, the debtor can pay its debts.

Substantive consolidation Putting the assets and liabilities of two or more related debtors into a single pool to pay creditors. Courts are reluctant to allow substantive consolidation since the action must not only justify the benefit that one set of creditors receives, but also the harm that other creditors suffer as a result.

Joint petition One bankruptcy petition filed by a husband and wife together.

Judge An official of the Judicial branch with authority to decide lawsuits brought before courts. Used generically, the term judge may also refer to all judicial officers, including Supreme Court justices.

Judgeship The position of judge. By statute, Congress authorizes the number of judgeships for each district and appellate court.

Judgment The official decision of a court finally resolving the dispute between the parties to the lawsuit.

Judicial Conference of the United States The policy-making entity for the federal court system. A 27-judge body whose presiding officer is the Chief Justice of the United States.

Pro per A slang saying that is sometimes used to refer to a pro se litigant. It is a corruption of the Latin phrase in propria persona.

Property of the estate All legal or equitable interests of the debtor in property as of the commencement of the case.

Pro se Representing oneself. Serving as one's own lawyer.

Prosecute To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.

Pro tem Temporary.

In forma pauperis In the manner of a pauper.Permission given by the court to a person to file a case without payment of the required court fees because the person cannot pay them.

Information A formal accusation by a government attorney that the defendant committed a misdemeanor. See also indictment.

Procedure The rules for conducting a lawsuit; there are rules of civil procedure, criminal procedure, evidence, bankruptcy, and appellate procedure. . Summary judgment is granted when - on the undisputed facts in the record - one party is entitled to judgment as a matter of law.

Temporary restraining order Akin to a preliminary injunction, it is a judge's short-term order forbidding certain actions until a full hearing can be conducted. Often referred to as a TRO.

Redemption A procedure in a Chapter 7 case whereby a debtor removes a secured creditor's lien on collateral by paying the creditor the value of the property. The debtor may then retain the property.

Remand Send back.

Reverse The act of a court setting aside the decision of a lower court. A reversal is often accompanied by a remand to the lower court for further proceedings.

Secured debt Debt backed by a mortgage, pledge of collateral, or other lien; debt for which the creditor has the right to pursue specific pledged property upon default. Examples include home mortgages, auto loans and tax liens.

Testimony Evidence presented orally by witnesses during trials or before grand juries.

Toll See statute of limitations.

Tort A civil, not criminal, wrong. A negligent or intentional injury against a person or property, with the exception of breach of contract.

Occupational Safety and Health Act OSHA - A federal law designed to develop and occupational safety and health standards promote .

Opening statement - The initial statement made by attorneys for each side, outlining the facts each intends to establish during the trial

Transfer Any mode or means by which a debtor disposes of or parts with his/her property.

Arraignment A proceeding in which a criminal defendant is brought into court, told of the charges in an indictment or information, and asked to plead guilty or not guilty.

Official reports - The publication of cumulated court decisions of state or federal courts in advance sheets and bound volumes as provided by statutory authority

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On a person's own recognizance - Release of a person from custody without the payment of any bail or posting of bond, upon the promise to return to court

Oral argument - Presentation of a case before a court by spoken argument; usually with respect to a presentation of a case to an appellate court where a time limit might be set for oral argument

Order - A mandate, command, or direction authoritatively given. Direction of a court or judge made in writing.

Undersecured claim A debt secured by property that is worth less than the amount of the debt.

Voluntary transfer A transfer of a debtor's property with the debtor's consent.

Wage garnishment non bankruptcy legal proceeding whereby a plaintiff or creditor seeks to subject to his or her claim the future wages of a debtor. In other words, the creditor seeks to have part of the debtor's future wages paid to the creditor for a debt owed to the creditor.

Acquittal A jury verdict that a criminal defendant is not guilty, or the finding of a

Transcript A written, word-for-word record of what was said, either in a proceeding such as a trial, or during some other formal conversation, such as a hearing or oral deposition.

Magistrate - Judicial officer exercising some of the functions of a judge. It also refers in a general way to a judge

Miranda warning - Requirement that police tell a suspect in their custody of his or her constitutional rights before they question him or her

Misfeasance - Improper performance of an act which a person might lawfully do

Mistrial - An invalid trial, caused by fundamental error. When a mistrial is declared, the trial must start again from the selection of the jury

Mitigating circumstances - Those which do not constitute a justification or excuse for an offense but which may be considered as reasons for reducing the degree of blame deliberate intent to kill: Murder in the first degree is characterized by premeditation; murder in the second degree is characterized by a sudden and instantaneous intent to kill or to cause injury without caring whether the injury kills or not hich do not constitute a justification or excuse for an offense but which may be considered as reasons for reducing the degree of blame Motion in Limine - A motion made by counsel requesting that information which might be prejudicial not be allowed to be heard in a case

Opinion - A judge's written explanation of a decision of the court or of a majority of judges. A dissenting opinion disagrees with the majority opinion because of the reasoning and/or the principles of law on which the decision is based. A concurring opinion agrees with the decision of the court but offers further comment Occupational Safety and Health Review Commission - The agency established by OSHA to adjudicate enforcement actions under the Act

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