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NEWS AND PUBLICATIONS
GLOSSARY TERMS


Description:

Process issued by the court or "from the bench" for the attachment or arrest of a person.

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To try issues separately, such as guilt and criminal responsibility in a criminal proceeding or liability and damages in a civil action.

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The act by which a court or magistrate requires a person to enter into a recognizance or furnish bail to appear for trial, to keep the peace, to attend as a witness, etc. Also describes act of lower court in transferring case to higher court or to grand jury after a finding or probable cause to believe that defendant committed crime.

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A legal document, prepared by an attorney, which presents the law and facts supporting his or her client.

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The necessity of proving facts at issue. In West Virginia, the criminal burden of proof is "beyond a reasonable doubt." The civil burden of proof is "by a preponderance of the evidence."

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Any proceeding, action, cause, suit, lawsuit, or controversy initiated through the court system by filing a complaint, petition, or indictment.

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Decisions of federal and state courts interpreting and applying laws in specific fact situations. Opinions are reported in various court reporting volumes.

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The number of cases a judge handles.

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A legal claim.

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The statement signed by counsel or unrepresented party describing the date and manner of serving a particular filing on another party.

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A procedure for removing a case from a lower court to a higher court for review.

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An accounting for the continuous possession of evidence, such as narcotics in a drug trial, to ensure no substitution, tampering, or improper handling affects the credibility of the evidence.

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Moving a case from one court, or location, to another.

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A judge's instructions to the jury regarding the laws pertaining to the case.

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A written accusation alleging a defendant has committed an offense includes a citation, an indictment, information, and statement of charges.

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A geographical court jurisdiction composed of one or more counties. West Virginia's 55 counties are divided into 31 circuits.

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A charging document, other than an indictment, information, or statement of charges, that is issued to a defendant by a peace officer or other person authorized by law to do so.

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All law that is not criminal law.

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The official appointed by the Supreme Court under Article VIII, Section 3 of the West Virginia Constitution as Clerk of the Intermediate Court and the Supreme Court.

Description:

A summary of the evidence presented to the jury by the attorneys.