performance - A mandatory
order in equity. Where monetary damages would be inadequate compensation for the breach of a contract, the
contractor will be compelled to perform specifically what the contract called for.
proof - There are essentially
three standards of proof applicable in most court proceedings. In criminal and delinquency cases, the offense must
be proven beyond a reasonable doubt, the highest standard. In civil cases and neglect and dependency proceedings,
the lowest standard applies by a mere preponderance of the evidence (more likely than not). In some civil cases,
and in juvenile proceedings such a permanent termination of parental rights, an intermediate standard applies:
proof by clear and convincing evidence.
decisis - The doctrine that,
when a court has once laid down a principle of law applicable to a certain set of facts, it will adhere to that
principle and apply it to future cases where the facts are substantially the same. This is a defining
characteristic of the common law system followed in the U.S., Great Britain, and a few other
offense - Refers to
misbehavior which would not be criminal if committed by an adult (e.g., truancy, runaway, etc.), but is defined as
an offense when committed by a minor because of the minor's status.
- A law passed by the state
limitations - A certain time
allowed by statute in which litigation must be brought. In criminal cases, prosecution is barred if not brought
within the statute of limitations.
- A stopping or arresting of a judicial
proceeding by order of a court (e.g., a stay of enforcement of a judgment).
stipulation - An agreement by attorneys on opposite sides of a
case as to any matter pertaining to the proceedings or trial. It is not binding unless agreed to by the parties,
and most stipulations must be in writing.
- An official order to appear in court
(or at a deposition) at a specific time. Failure to obey a subpoena to appear in court is punishable as a contempt
tecum - A special form of
subpoena which commands a witness to produce certain documents or records in a trial or at a
law - The law dealing with
rights, duties and liabilities, as contrasted with procedural law, which governs the technical aspects of enforcing
civil or criminal laws.
- A notice to the named person that an
action has been commenced against him in court and that he is required to appear, on the day named, and answer the