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Preponderance of evidence
Evidence that is (even minimally) of greater weight or more convincing than the evidence, which is offered in opposition to it. This is the standard by which a plaintiff must prove his/her case in a civil suit.
Lien
A claim against property for payment of a debt. Common types of liens include the mechanic's lien, the judgment lien, and the mortgage lien.
Garnishment
A court order to take part of a person's wages, before he gets them, and apply the amount taken to pay a debt owed to a creditor
Order to show cause
Court order requiring a party to appear and show cause why the court should not take a particular course of action. If the party fails to appear or to give sufficient reasons why the court should take no action, the court will take the action. In criminal cases, the defendant must show why probation should not be revoked.
Recognizance
The continued, habitual or compulsive commission of law violations after first having been convicted of prior offenses.
Preliminary hearing
A probable cause hearing which screens felony criminal cases by deciding whether there is enough evidence to warrant a trial. If the judge determines there is sufficient evidence, the defendant is "bound over" for trial. The defendant may waive this hearing.
With prejudice
A dismissal "with prejudice" bars the right to bring or maintain another action on the same claim or cause.
Prejudicial evidence
Evidence which might unfairly sway the judge or jury to one side or the other. For example, photographs of a gory murder scene might inflame a jury without providing useful evidence. May be excluded in criminal cases if prejudicial effect outweighs probative value.
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