Legal Terms and Definitions

Glossary of Legal Terms

Waive To give up a right or claim voluntarily. Prosecutor For himself; in his own behalf. One who does not retain a lawyer and appears for himself in court. Guardian ad litem In Utah State Court proceedings, a lawyer appointed by a court to look after the interests of an infant, child or incompetent person during court proceedings. Retainer: Similar to an injunction, commanding the party to leave the other party alone, usually in a divorce proceeding. Removal, order of To send back; For example, an appellate court may remand a case to a lower court for retrial or for some change in disposition. Hearing A formal proceeding (generally less formal than a trial) with definite issues of law or of fact to be heard. Holographic will A will entirely written, dated and signed by the testator in his/her own handwriting. Parties The persons who are actively involved in the prosecution or defense of a legal proceeding, including the plaintiff or prosecution, the defendant and any "third party defendant".

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	Did You Know?
	The mediation process may vary depending on the mediator. Generally, mediations commence with a general session with all parties, counsel and the mediator. At the general session, there will be a discussion of the case, the issues on appeal and other matters important to settlement. Then the mediator will meet separately with each party and their counsel in separate "caucuses." In these separate sessions, the mediator will seek to foster negotiations between the parties and develop agreement.