- April 10, 2021
- Posted by: Nicholas Fitch
Merger clause – the merger clauses stipulate that the written document contains all the understanding of the parties. The purpose of the merger clauses is to ensure that evidence outside the written document is not admissible in court in order to contradict or supplement the express terms of the written agreement. Plea Bargaining or Plea Negotiating – The trial by which an accused person and a prosecutor negotiate a satisfactory decision for both sides of a case. The Court is not familiar with the actual negotiations, but receives a plea in favour of its approval or rejection. Contract – An agreement between two or more people that creates an obligation to do or not to do a particular thing. A contract must have promised or given something of value, and a reasonable amount of agreement between the parties, what the contract means. The parties must be legally able to conclude binding agreements. Referee – A person to whom the court refers a edsus case to testify, hear the parties and report to the court. An arbitrator is an official with judicial powers, which serves as the arm of the Tribunal, but whose final decision is subject to judicial authorization.
Also known as “special master,” “special commissioner” or “hearing delegate.” Escrow – Money or a written deed, such as an act by mutual agreement between two parties by a neutral third party (held in trust) until all the terms of the agreement are met. Conditions of release – Conditions in which an arrested person is released pending trial. Consecutive sentences – successive prison sentences, beginning with the course of another person, against a person convicted of two or more crimes. Plea – Agreement – An agreement between the prosecutor and the accused, subject to court approval, on the sentence the accused should serve in the event of an admission of guilt, Analford`s plea or a plea of non-dispute. Typically, the accused pleads guilty in exchange for some form of leniency. For example, the defendant may make lesser allegations, so that sentences are reduced. Or the accused may claim some, but not all of the charges, so that others are dropped. The agreement may contain criminal recommendations. Such good deals do not engage the court. Parol Evidence Rule – If a written agreement is supposed to be a complete and final document, the terms of the agreement cannot be changed by evidence of oral agreements (parol) that purport to alter, explain or contradict the written agreement. Dissens – (verb) Inseaiss. (Nounes) A notice of appeal that sets out the minority opinion and outlines the disagreement of one or more judges with the majority`s decision.
Diversion – The process of removing certain minor offences from the entire judicial process, provided that the accused undergoes some sort of rehabilitation or reparation for damages. Appropriate Person – A phrase used to refer to a hypothetical person who exercises the qualities of attention, knowledge, intelligence and judgment that society requires of its members to protect their own interests and those of others.