Legal Terms and Definitions

Glossary of Legal Terms

Lien A claim against property for payment of a debt. Common types of liens include the mechanic's lien, the judgment lien, and the mortgage lien. Testate One who has died leaving a will or one who has made a will. Answer A pleading by which defendant responds to the plaintiff's complaint Costs An allowance for expenses in prosecuting or defending a suit. Ordinarily this does not include attorney fees. En banc A proceeding in which the entire membership of an appellate court participates in the decision, rather than leaving the decision to a smaller "panel" of the court's members. In Utah, the Court of Appeals is prohibited from sitting en banc. Arrest of judgment Postponing the effect of a judgment already entered. Disposition The order of a Juvenile Court determining what is to be done with a minor already adjudged to be within the court's jurisdiction. In criminal or civil cases, the settlement of a case. Eminent domain The power to take private property for public use by the state and municipalities.

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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.