Legal Terms and Definitions

Glossary of Legal Terms

Caption The heading or introductory clause of papers connected with a case in court, which shows the names of the parties, name of the court, docket number of the case, etc Forcible entry and detainer Ordinarily refers to a summary proceeding for restoring possession of land to one who has been wrongfully deprived of possession Due process The guarantee of due process requires that no person be deprived of life, liberty, or property without a fair and adequate process. In criminal proceedings (as well as juvenile) this guarantee includes the fundamental aspects of a fair trial, including the right to adequate notice in advance of the trial, the right to counsel, the right to confront and cross-examine witnesses, the right to refuse self-incriminating testimony, and the right to have all elements of the crime proven beyond a reasonable doubt Battery Actual physical violence, whether serious or minor, inflicted on a person. (A mere threat is called assault, whereas the completed act is called battery). Defendant The accused in a criminal case; the person from whom money or other recovery is sought in a civil case. Corroborating evidence Evidence supplementary to that already given and tending to strengthen or confirm it. Code A collection, compendium or revision of laws, rules and regulations enacted by the legislature, i.e., Utah Code Annotated. Common law General provisions of law existing before codification or interpretation by courts.

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	Did You Know?
	The mediation process may vary depending on the mediator. Generally, mediations commence with a general session with all parties, counsel and the mediator. At the general session, there will be a discussion of the case, the issues on appeal and other matters important to settlement. Then the mediator will meet separately with each party and their counsel in separate "caucuses." In these separate sessions, the mediator will seek to foster negotiations between the parties and develop agreement.