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NEWS AND PUBLICATIONS
GLOSSARY TERMS


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A case heard by the court in which it is first filed; the opposite of appellate jurisdiction.

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Court's denial of a motion or objection raised to the court. When a court overrules an objection to evidence (for example, testimony), the jury may properly consider it.

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The conditional and revocable release of an inmate by the Parole Board to parole supervision.

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Persons, corporations, or associations which have brought a lawsuit or are defendants in a trial.

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Where a party is represented by counsel, the term party applies to counsel; where a party is not represented by counsel, the term party applies to the self-represented litigant.

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An opinion by the whole court, as opposed to one authored by just one justice because the court is not deciding any new issues of law. Per curiam opinions of the Supreme Court of Appeals may be cited as support for a legal arguement.

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Procedure for rejecting prospective jurors without a reason. Each side is permitted a limited number of peremptory challenges.

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An appeal is perfected upon the proper and timely filing of the petitioner's brief and appendix. An original jurisdiction action is perfected upon the timely and proper filing of the petition and appendix if an appendix is required.

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A guarantee of a defendant's appearance in court ( a.k.a. own recognizance) based solely on his or her signed promise (no bail bond required).

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An ordinary jury for the trial of an action.

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A party to a legal action who wishes to appeal the decision of a lower tribunal must file a petition for appeal with the Supreme Court of Appeals. Under its discretionary jurisdiction, the Court may grant, accept, or refuse the petition for appeal. The Court may accept the petition, which means that the petitioner must present an oral argument before the Court grants the petition, or the Court may grant the petition based on the briefs. If the Court refuses the petition, the Court issues an order notifying the parties. The order does not state the reason why the petition was refused.

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A party who takes an appeal in the Intermediate Court of Appeals or Supreme Court of Appeals or prosecutes an original jurisdiction proceeding in the Supreme Court of Appeals.

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In a civil case, the person who files a claim against another person or, in a criminal case, the State of West Virginia.

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An answer to a criminal charge including: not guilty, guilty, nolo contendere, not criminally responsible by reason of insanity.

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A procedure by which jurors are asked individually to disclose their agreement with the announced verdict to ensure unanimity.

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A procedure by which a convicted defendant challenges the conviction and/or sentence on the basis of some alleged violation or error.

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Document authorizing another to act as one's agent or attorney in fact (not an attorney at law).

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A hearing held in the circuit court, unless waived by the defendant, to determine whether there is probable cause to believe the defendant committed an offense(s). Available when the offense(s) charged is not within the exclusive jurisdiction of the circuit court.

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An inference of the truth or falsity of a proposition or fact, that stands until rebutted by evidence to the contrary.

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Translated "on the first appearance"; sufficient on its face to prevail until contradicted.