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Today's Terms
Arraignment
Definition:
In a misdemeanor case, the initial appearance before a judge at which the criminal defendant enters a plea; in a felony case, the proceeding after the indictment or bindover at which the defendant comes before a judge in District Court, is informed of the charges, enters a plea, and has a date set for trial or disposition. In Juvenile Court, the first hearing after a petition has been filed.
Burden of proof
Definition:
The duty to establish a claim or allegation by admissible evidence. This is usually the duty of the plaintiff in a civil case and always is the duty of the state in a criminal case.
res judicata
Definition:
Literally, "a thing that speaks for itself." In tort law, the doctrine, which holds a defendant guilty of negligence without an actual, shows that he or she was negligent. Its use is limited in theory to cases in which the cause of the plaintiff's injury was entirely under the control of the defendant, and the injury presumably could have been caused only by negligence.
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