Legal Terms and Definitions

Glossary of Legal Terms

Of counsel A phrase commonly applied to counsel employed to assist in the preparation or management of the case, or its presentation on appeal, but who is not the principal attorney for the party. Intervention A proceeding in a civil suit by which a third person is permitted by the court to join as a party to the suit. Appellate jurisdiction The appellate court has the right to review and revise the lower court decision. Original jurisdiction The court in which a matter must first be filed. Appeal The bringing of a case to a higher court for review of a lower court's order or judgment. Hearsay Second-hand evidence, generally consisting of a witness's testimony that he/she heard someone else say something. 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. 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.

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	Did You Know?
	Mediation may not be the most appropriate avenue for resolution in all cases. For example, it may not be appropriate in cases where: A definitive or authoritative resolution of the matter is required; The matter involves or may bear upon significant questions of Government policy that require additional procedures before a final resolution may be made; Maintaining established policies that apply to many people is especially important; The matter significantly affects persons or groups who are not parties to the process; A full public record of the proceeding is important; or The agency must maintain continuing jurisdiction over the matter with authority to alter the disposition of the matter in light of changed circumstances.