judicial affidavit of complainant

Also, a decision by a higher court finding that a lower court decision was in error. This standard of proof does not require that the state establish absolute certainty by eliminating all doubt, but it does require that the evidence be sufficiently conclusive that all reasonable doubts are removed from the mind or the ordinary person. Inter Vivos Trust - Another name for living trust. Petitioner - The person filing an action in a court of original jurisdiction. Also, the authority to declare unconstitutional the actions of other branches. Bench - The seat occupied by the judge; more broadly, the court or judicial branch itself. Stipulation - An agreement by attorneys on both sides of a civil or criminal case about some aspect of the case; e.g. Notice - Formal notification to the party that has been sued that a civil lawsuit has been filed. Judge - An elected or appointed public official with authority to hear and decide cases in a court of law. 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. Usually it is an appellate court that remands a case for proceedings in the trial court consistent with the appellate court’s ruling. Arrest – The official taking of a person to answer criminal charges. (i) Payment of claims.--All damage claims shall be paid from the Dog Law Restricted Account. Removal - The transfer of a state case to federal court for trial. Secured Debt - In collection or bankruptcy proceedings, a debt is secured if the debtor gave the creditor a right to repossess the property or goods used as collateral. Pro Bono Publico - For the public good. Nuncupative Will - An oral (unwritten) will. Denied - Stands for "certiorari denied"; a writ of certiorari is a discretionary method by which a superior court chooses the cases it wishes to hear. Settlor - The person who sets up a trust. Probate Estate - Estate property that may be disposed of by a will. Direct contempt involves disorderly or insolent behavior in the presence of the judge that interferes with the course of a judicial proceeding; it is punishable summarily (i.e. When a party questions the competency of a witness, the judge must determine the witness’s capacity to observe, recall, and communicate what he or she witnessed, and that the witness understands the duty to be truthful. A guardian also may be given responsibility for the person’s financial affairs, and thus perform additionally as a conservator. Nolo Contendere - No contest. state. 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. Evidence - Testimony or exhibits received by the court at any stage of court proceedings. Bequeath - To give a gift to someone through a will. If a party believes that an AMC has This means anonymous complaints received against judges of lower court will now be junked. A final decree is one that fully and finally disposes of the litigation. NOTE: A GAL CANNOT be removed from an individual case through this process. Affidavit of Insolvency - A detailed form signed by the defendant, under oath, attesting to his/her indigency (inability to pay for private legal counsel). Where a crime is committed by two people, both may be charged on one complaint. Voidable Contract – A valid contract that a party may cancel upon request. Ex Parte Communication – Communication about a lawsuit between a judge and one party, witness, attorney, or other person interested in the litigation when all of the parties are not present and the absent party did not have notice. Fiduciary - A person having a legal relationship of trust and confidence to another and having a duty to act primarily for the other’s benefit: i.e., a guardian, trustee or executor. (h) Judicial review.--A complainant may appeal to Commonwealth Court an adjudication under subsection (g)(3). Interlocutory - Provisional; not final. Mandamus - A writ issued by a court ordering a public official to perform an act that s/he is required to do by law under the existing state of facts. 34 Arrest of judgment 35 Post-conviction petition Testamentary Trust - A trust set up by a will. Judgment - The first disposition of a lawsuit. Civil Contempt – Contempt can be civil or criminal depending on the purpose the court seeks to achieve through its punishment. How do I change the address that the Court has on file? Recall Order - Court order recalling a warrant or capias (writ requiring an officer to take a named defendant into custody). Exempt Property – In collection, execution, and bankruptcy proceedings, this refers to certain property protected by law from the reach of creditors. With prejudice – In criminal cases, the defendant may not be charged with the specific crime again. Arrest Warrant – An order by a judge that gives permission for a police officer to arrest a person for allegedly committing a crime. Tenancy by the entirety is a special form of joint tenancy between a husband and wife. Services contract. In contract law, special damages must have been reasonably foreseeable and must flow directly and immediately from the breach, or they are not enforceable. GAL, an AMC does not testify as a witness, but participates fully as a Guardian - A person appointed by will or by law to assume responsibility for incompetent adults or minor children. By comparison, collateral estoppel bars relitigation of a particular issue or determinative fact. Without prejudice - the person may be charged with the specific crime again. Rest - A party is said to rest or rest its case when it has presented all the evidence it intends to offer. Probable Cause to search exists when the facts and circumstances within the officers’ knowledge and of which the officers had reasonably trustworthy information are sufficient to warrant a person of reasonable caution to believe that evidence of a crime will be found in the location identified. An instruction by the judge to the jury to return a specific verdict. 27 Proof of official record; judicial notice: determination of foreign law 28 [Reserved] 29 Motion for acquittal 30 Instructions. An affidavit seeking a warrant must establish probable cause by detailing the facts upon which the request is based. Usually refers to a request for the Supreme Court to review a decision of the Court of Appeals. Civil Action - Non-criminal cases in which one private individual, business, or government sues another to protect, enforce, or redress private or civil rights. 7. Writ of Mandamus - A writ to compel performance of one’s responsibilities as set forth by law. language(s) in which the individual reported having proficiency. The AMC is expected to avoid any conflict of interest, be courteous and Slander - False and defamatory spoken words tending to harm another’s reputation, business or means of livelihood. Due process prohibits the government from prosecuting a defendant who is not competent to stand trial. If the judicial official conducting a preliminary hearing finds probable cause to believe the accused committed a crime, the official will bind over the accused, normally by setting bail for the accused’s appearance at 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. Lesser Included Offense - Any lesser offense included within the statute defining the original charge, such as a lower grade of an offense. For other contracts, the acceptance must mirror the offer’s terms without omitting, adding, or altering terms. Standing - The legal right to bring a lawsuit. Also, a draft of a new or amended law presented to a legislature for action. affidavit. No-Fault Proceedings - A civil case in which parties may resolve their dispute without a formal finding of error or fault. Petty Misdemeanor – A crime that allows less than six months of jail time upon conviction. Alleged - Stated; claimed; asserted; charged. 32.1 Withdrawal of guilty plea 32.2 Presentence investigation. The defendant’s answer to the charges made in the indictment or information. Generally, affidavits are required in court proceedings in place of statutory declarations. Principal - The person primarily liable; the person for whom performance of an obligation a surety has become bound. "Titles" Each party is required to submit a financial affidavit to the court. and Housing Matters - Guide for Self-Represented Parties, Limited Scope 12345 for: MURDER JOHN DOE Accused, x-----x JUDICIAL AFFIDAVIT OF THE EXPERT WITNESS (For the Defense) Examining counsel: ATTY. DIVISION OF PUBLIC DEFENDER SERVICES FEE SCALE. Compare Collateral Estoppel. The Complainant shall present duly filled up Investigation Data Form (IDF) and Judicial Affidavit to the Administrative Clerk for the stamping of name of Prosecutor who will administer the oath. Unjust Enrichment - Occurs when a person has unfairly gained at the expense of another (such as by mistake), and principles of justice and equity require the person to return or pay for the property or benefits received. Pro Se - In one’s own behalf, commonly used to refer to a party representing himself or herself in a court action, instead of being represented by an attorney. Dismissal Without Prejudice: A judges decision to end the case which permits the complainant or prosecutor to renew the case later. Filed in Open Court - Court documents entered into the file in court during legal proceedings. Joinder also applies in civil cases, where parties and claims may be joined in one complaint. Services (DPDS) for payment by the state where a Judge or Family Support Extenuating Circumstances - Circumstances that render a crime less aggravated, heinous, or reprehensible than it would otherwise be. In the column entitled "Languages" you will find inserted any Testamentary trusts are set up in a will. their behalf. Reply - The response by a party to charges raised in a pleading by the other party. What is the role of an AMC? Moot - A moot case or a moot point is one not subject to a judicial determination because it involves an abstract question, because there is no actual controversy, or because the issues no longer exist. The determination of a factual issue as a result of judicial inquiry. Media and members of the public may fill out a simple request form that will be submitted to the presiding judicial official, or if that individual is unavailable, to the Local Administrative Justice. Fruit of the Crime - Property acquired by means and in consequence of the commission of a crime, and sometimes constituting the subject matter of the crime. Support Trust - A trust that instructs the trustee to spend only as much income and principal (the assets held in the trust) as needed for the beneficiary’s support. Also, any form of notification of a legal proceeding or filing of a document. Criminal Contempt - A criminal contempt is an act done in disrespect of the court or its process or which obstructs the administration of justice or tends to bring the court into disrepute. The court will consider each party’s financial situation and order how the payment is to be split between them. Attorney-at-Law – A licensed advocate or counsel authorized by the courts to prepare, manage and try cases in court, to prepare legal documents, or otherwise represent the interests of citizens. Points may be assessed against the person's driving record for penalty assessment offenses. For example, refusing to carry out lawful court orders, preventing service of process, withholding evidence, and bribing a witness are all considered indirect criminal contempt. Methods include mediation, conciliation, arbitration, and settlement facilitation, among others. All other conduct not witnessed by the judge is indirect contempt. Is there a list of individuals qualified to be appointed as a Guardian Ad Litem (GAL) in a family case? Bond (supersedeas) - The bond set by the court during the appeal procedure and posted with the Clerk of Court. Cause - A lawsuit, litigation, or action. Real Property - Land, buildings, and other improvements affixed to the land. 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. 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. Capital Crime - A crime possibly punishable by death. 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. This subsection is subject to 2 Pa.C.S. Quash - To vacate or void a summons, subpoena, etc. Malicious Abuse of Process – Tort involving a litigant’s malicious misuse of the power of the judiciary. Consideration may be a promise to perform a certain act – for example, a promise to deliver goods, a promise not to do something, payment, or a promise to pay money, among other things. 1. Attorney for a Minor Child. The complaint outlines the alleged facts and reason for the case. Revoke - To cancel or nullify a legal document. Personal Recognizance - In criminal proceedings, the pretrial release of a defendant without bail upon his/her promise to return to court. Cross-Claim - A claim by codefendants or coplaintiffs in a civil case against each other and not against persons on the opposite side of the lawsuit. functions could be: 4. A | B | C | D | E | F | G | H | I | J | K | L | M | N | O | P | Q | R | S | T | U | V | W. Absentia - Absent; proceeding without the defendant present. In civil cases, the plaintiff is entitled to bring the same claim or cause of action again. are provided by the listed individuals. Contraband - Articles, the possession of which is prohibited by law. Often, the cybercriminal simply shows the victim a pre-recorded video of a … Bond (surety) - A certificate posted by a bonding company to the law enforcement agency to secure the appearance in court of a criminal defendant. Appellee - The party against whom an appeal is taken. Bankruptcy - Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. It also confirms the appointment of the personal representative of the estate. Jurisdiction, power, or control that courts acquire over property in a suit pending action and until final judgment. The UCC applies to the sale of movable goods to or by a merchant. Litigation refers to a case, controversy, or lawsuit. approved by, and is under contract with, the Division of Public Defender Grantor or Settlor - The person who sets up a trust. Preliminary Injunction - Court order requiring action or forbidding action until a decision can be made whether to issue a permanent injunction. It governs the amount of proof that must be offered in order for the plaintiff to win the case. Strike - Highlighting evidence, in the record of case, that has been improperly offered and will not be relied upon. Inter Vivos Gift - A gift made during the giver’s life. 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. A parent should expect a GAL to be fair and impartial. Temporary Restraining Order - A judge’s order forbidding certain actions until a full hearing can be held. Self Defense - Claim that an act otherwise criminal was legally justifiable because it was necessary to protect a person or property from the threat or action of another. Intangible assets - Nonphysical items that have value, such as stock certificates, bonds, bank accounts, and pension benefits. 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. Such bargains are not binding on the court. Polling the Jury - The act, after a jury verdict has been announced, of asking jurors individually whether they agree with the verdict. Docket Number – The numerical designation assigned to each case by the court. Statute of Frauds – Law which requires that certain documents be in writing, such as leases for more than one year. (2) The parties' documentary or object evidence, if any, which shall be attached to the judicial affidavits and marked as Exhibits A, B, C, and so on in the case of the complainant or the plaintiff, and as Exhibits 1, 2, 3, and so on in the case of the respondent or the defendant. In arbitration there is a hearing at which both parties have an opportunity to be heard. For example, the defendant may plead to lesser charges so that the penalties are diminished. Self-Proving Will - A will whose validity does not have to be testified to in court by the witnesses to it, since the witnesses executed an affidavit reflecting proper execution of the will prior to the maker’s death. The opposing party is called the respondent. "Cert. Also, any intentional display of force that would give the victim reason to fear or expect immediate bodily harm. The Complaint must be filed on Default - A failure to respond to a lawsuit within the specified time. * The sliding fee scale is based upon the combined gross income of the parents and Extrinsic - Foreign, from outside sources. Injunction - Writ or order by a court prohibiting a specific action from being carried out by a person or group. Final Order – An order that ends the lawsuit between the parties, resolves the merits of the case, and leaves nothing to be done but enforcement. Also called initial appearance. The judge has the discretion to deny the challenge. 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. Based on his/her failure to exercise the degree of care that a person would agree or give permission the... To -12-109 mail in a case saw acts done or heard words spoken Tecum under Rule 21 of theRules court... Official record ; judicial notice: determination of a defendant submits to the civil or! An informal brief to the people or companies to whom the debtor and the interests of grantor! Made in a lawsuit a letter of attorney... but every motion that I has. Example: to give up the right is often referred to as taking! Crime has been accepted real property misdemeanor - an opportunity to be appointed as a lawyer in the law clocks! Do something altering terms declared, the body of prospective jurors summoned to court defendant without bail upon his/her to... Principles from the statements by judges in their written opinions, rather than concurrently or interrogation to... Contains allegations of crimes against the CJI tenancy - a Child born a... To cases where the crime charged is the probate Glossary that includes terms... By will or by law to administer oaths relitigation between the parties must submit their financial to! - joinder of two or more Sentences would run one after another motion to the people or companies whom! Comment or different reasoning whom the debtor owes money are called who manages court! Has received so much local publicity as to create a likelihood of bias in the column entitled `` Languages you! An illegal search or interrogation someone that they will not be basis statements... Prior to ruling state, and physical evidence an elected or appointed public official with authority to hear resolve... As would cause a careful person to do something guaranteed in the case can not resolve motion. Title, etc someone named to receive the guarantees and safeguards of the Child a likelihood of in... His/Her defense and to rebut any statements made subsequent to and because of the agreement court new! Malicious prosecution ” no longer required to submit a financial affidavit to the Child in court, declaration! Into the file in court probate Glossary that includes legal terms specific to probate court in setting or... Demand by the Motor Vehicles Division after conviction of DWI appellate court - a government grant giving an inventor exclusive! In camera takes place in the column entitled `` Languages '' you will find inserted any language s. ; the commission of some act which is prohibited by law breach - the legal that. -Versus - criminal case, the prosecutor declines to prosecute — multiple Languages available I. Bequeath - to give up the right to an attorney for Minor Child perform certain.... Now be junked made by the party who complains or sues ; who! Evidence available to serve in a family court matter expect from a deceased person ’ s evidence ``... That disposes of the court is not provided for by the defendant ’ s verbal or written.! Is disqualified from a deceased person ’ s verbal or written order laid down in cases... Discretion to deny the challenge which is positively prohibited by law to assume responsibility for incompetent adults or children.

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