trial process/advocacy

kangaroo court

The term “kangaroo court” is an idiom referring to a court whose proceedings deviate so far from accepted legal norms that they can no longer be considered fair or just. The label of kangaroo court is a severe condemnation and is generally...

leading question

A leading question is a type of questioning in which the form of the question suggests the answer. In general, leading questions are not allowed during the direct examination of a witness and. If leading questions are asked during trial, it...

legal aid

Legal aid refers to professional legal services available to those who cannot afford them. Broadly speaking, the term encompasses public and charitable means of providing services to economically disadvantaged individuals who require an...

limited scope representation

Limited scope representation is when a lawyer agrees to take on only some part of a client’s matter. In the litigation context, attorneys providing limited scope representation must often file a notice with the court that they are...

litigation

Litigation is the process of resolving disputes by filing or answering a complaint through the public court system.

In federal courts, litigation is governed by a number of federal rules: the Federal Rules of Civil...

malice

In criminal law, malice indicates the intention, without justification or excuse, to commit an act that is unlawful. Evidence of malice is a prerequisite in some jurisdictions to prove first-degree murder. Malice is also relevant in criminal...

McNaghten Rule

McNaghten Rule (more commonly spelled M’Naghten rule) was the first, and is still one of the four main tests jurisdictions use to determine whether a criminal defendant can claim insanity as a defense to a crime.

The test...

mental health

Mental health and the law interact in numerous ways. The term "competence" signifies a legal conclusion that an individual is capable of entering into a binding contract, transferring assets, or participating in a legal proceeding. The...

minitrial

A minitrial is an alternative dispute resolution method with attorneys on each side presenting their case as they would at an actual trial. Minitrials are private, voluntary events attended by representatives from each side who have authority...

mistrial

A mistrial occurs when a jury is unable to reach a verdict and there must be a new trial with a new jury; or there is a serious procedural error or misconduct that would result in an unfair trial, and the judge adjourns the case without a...

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