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NEWS AND PUBLICATIONS
GLOSSARY TERMS


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A type of original jurisdiction petition; an order of a superior court requiring a public body, inferior court, or public official to perform a required duty.

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An order issued by the Intermediate Court or the Supreme Court entering the decision or opinion as final.

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A court must hear and respond to those appeals that are "mandatory" under the state's constitution or by statute.

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Unless otherwise provided by order, a case is mature for consideration by the Intermediate Court or the Supreme Court when the deadline for all briefs to be filed has passed.

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A series of short orders in one document. For example, the West Virginia Supreme Court of Appeals issues most of its workers' compensation decisions by memorandum order.

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Criminal intent.

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Incorporation of a lesser crime into a greater crime.

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The less serious of two categories to which criminal offenses are assigned (compare "felony").

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A trial that has been terminated and declared void due to prejudicial error in the proceedings or other extraordinary circumstances.

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Circumstances suggesting that a lesser sentence is appropriate.

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Do not justify or excuse an offense, but may be considered as reasons for reducing the degree of blame.

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Adjective: No longer presenting a controversy capable of adjudication because the issue has ceased to exist and is unlikely to recur.

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Oral or written request before, during, or after a trial on which a court issues a ruling or order.

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The absence of ordinary care.

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Latin phrase meaning "I will not contest it." A plea in a criminal case which has a similar legal effect as pleading guilty. A defendant may plead nolo contendere only with the consent of the court.

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The mandatory notice filed to inform the Court and the other parties that a petitioner intends to docket and perfect an appeal, in the form prescribed by these rules.

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A written or oral pledge to keep a promise to speak the truth.

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A statement by an attorney opposing a specific testimony or admission of evidence.

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Outline of anticipated proof presented to the jury by the attorneys at the trial's beginning.

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The written decision of a court. The West Virginia Constitution requires that Supreme Court opinions "shall be concisely stated in writing and preserved with the record; and it shall...prepare a syllabus of the points adjudicated in each case in which an opinion is written and in which a majority of the justices concurred, which shall be prefixed to the published report of the case." W.Va. Const., Article 8, Section 4.