prehearing conference. An optional conference for the discussion of procedural and substantive matters on appeal, usu. held in complex civil, criminal, tax, and agency cases. • Those attending are typically the attorneys involved in the case as well as a court representative such as a judge, staff attorney, or deputy clerk. Fed. R. App. P. […]
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diplomacy, n. Int’l law. 1. The art and practice of conducting negotiations between national governments. open diplomacy. Diplomacy carried on with free access to interested observers and members of the press. parliamentary diplomacy. The negotiations and discussions carried out in international organizations according to their rules of procedure. secret diplomacy. Diplomacy carried on behind closed
colloquy (kol-[schwa]-kwee). Any formal discussion, such as an oral exchange between a judge, the prose-cutor, the defense counsel, and a criminal defendant in which the judge ascertains the defendant’s understanding of the proceedings and of the defendant’s rights.
dialectic (dI-[schwa]-lek-tik), n. 1. A school of logic that teaches critical examination of the truth of an opinion, esp. by discussion or debate. • The method was applied by ancient philosophers, such as Plato and Socrates, primarily in the context of conversational discussions involving questions and answers, and also by more modern philosophers, such as
moot, adj. 1. Archaic. Open to argument; debatable. 2. Having no practical significance; hypothetical or academic (the question on appeal became moot once the parties settled their case). — mootness, n. moot, vb. 1. Archaic. To raise or bring forward (a point or question) for discussion. 2. To render (a question) moot or of no
sidebar conference. 1. A discussion among the judge and counsel, usu. over an evidentiary objection, outside the jury’s hearing. — Also termed bench conference. [Cases: Trial 18, 50. C.J.S. Trial §§ 91–92, 176.] 2. A discussion, esp. during voir dire, between the judge and a juror or prospective juror. — Often shortened to sidebar.
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A technique of philosophical discussion — and of law-school instruction — by which the questioner (a law professor) questions one or more followers (the law students), building on each answer with another question, esp. an analogy incorporating the answer. • This method takes its name from the Greek philosopher Socrates, who lived in Athens about
raise, vb. 1. To increase in amount or value (the industry raised prices). 2. To gather or collect (the charity raised funds). 3. To bring up for discussion or consideration; to introduce or put forward (the party raised the issue in its pleading). 4. To create or establish (the person’s silence raised an inference of
concerted activity. Labor law. Action by employees concerning wages or working conditions. • Concerted activity is protected by the National Labor Relations Act and cannot be used as a basis for disciplining or discharging an employee. [Cases: Labor Relations 281. C.J.S. Labor Relations §§ 263–264.] “Typical protected concerted activity involves union organizing, the discussion of
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ordinis beneficium (or-d[schwa]-nis ben-[schwa]-fish-ee-[schwa]m). [Latin “the benefit of order”] Civil law. The privilege of a surety by which the creditor must exhaust the principal debtor’s property before having recourse against the surety. See DISCUSSION.
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