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Comparative negligence
The degree to which a person contributed to his/her own injury, damage or death. Usually measured in terms of percentage. Contributory negligence is the failure to exercise care by a plaintiff, which contributed to the plaintiff's injury.
Miranda rule
The rule, pronounced in Miranda v. Arizona, that confessions are inadmissible in a criminal prosecution if the police do not advise the suspect in custody of certain rights before questioning.
Proximate cause
A court order following a judgment on the ground of neglect or abuse, whereby the child is permitted to remain in his home, and supervision and assistance to correct the neglect or abuse is provided by the probation department or other agency designated by the court.
Deposition
The taking of testimony of a witness under oath outside of court, usually transcribed in writing by a court reporter, or less frequently, recorded on videotape.
Hung jury
A jury that cannot agree on a final verdict. If a jury is hung, the court declares a mistrial and the case may be re-tried.
Competency
A witness's ability to observe, recall and recount under oath what happened. Criminal defendants must also be competent to stand trial; they must understand the nature of the proceedings and have the ability to assist their lawyers.
Alternative Dispute Resolution (ADR)
Methods of resolving disputes outside of official court proceedings. These methods include mediation arbitration, and conciliation
Levy
A seizure; the obtaining of money by legal process through seizure and sale of property.
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