Legal Terms and Definitions

Glossary of Legal Terms

Recidivism Evidence given to explain, contradict, or disprove facts offered by the adverse party. In criminal cases, the state has the opportunity to rebut the defendant's case because it has the burden of proof. Criminal case A case brought by the government against a person accused of committing a crime. Moot A moot point is one that need not be decided, due to a change of circumstances. Burglary The unlawful breaking into or entering of a building or dwelling with the intent to commit a serious crime or theft. Child abuse Any form of cruelty to a child's physical, moral or mental well-being. Hypothetical question A form of question generally used for expert witnesses. The examiner states a factual foundation (often based on disputed facts) and asks the expert to draw conclusions based on the hypothetical foundation. The hypothetical question includes only facts already in evidence. Material evidence Evidence that is relevant to the issues in a case. Mitigating circumstance A circumstance that may be considered to reduce the degree of moral culpability, although it does not entirely justify or excuse an offense.

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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.