Legal Terms and Definitions

Glossary of Legal Terms

Premeditation The planning of a crime preceding the commission of the act, rather than committing the crime on the spur of the moment. Unlawful detainer A detention of real estate without the consent of the owner or other person entitled to its possession. Retainer: Similar to an injunction, commanding the party to leave the other party alone, usually in a divorce proceeding. Probate The process of proving the validity of a will. In camera In a judge's chambers; in private. Embezzlement The fraudulent appropriation by a person to his own use or benefit of property or money entrusted to him by another. Fifth Amendment Among other rights, the Fifth Amendment to the U.S. Constitution guarantees that a person cannot be compelled to present self-incriminating testimony in a criminal (or juvenile) proceeding. Estoppel A person's own act, or acceptance of facts, which preclude later claims to the contrary.

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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.