Glossary of Legal Terms
(Starting with "Q")
Studio City, CA, U.S.A.
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domestic relations order (QDRO)
court order that satisfies the requirements of federal
law and allows support payments to be made from an
employee's retirement plan to the spouse or child
to whom support is owed.
judicial term used to set aside or conclude an otherwise
lawful motion or subpeona thereby eliminating its
legal effect and force.
acquired in a non-community property state that would
have been community property if acquired in a community
property state. If the spouses move to a community
property state, that state may for some purposes treat
such property as if it were true community property.
judicial discretion to punish an otherwise
civil wrong under the criminal laws and
jurisdiction. A common example is the parent
who fails to comply with child support payments.
The failure is considered to be a form of
contempt which can carry criminal penelties.
trier of fact determines the truth and weight
of all evidence submitted in a criminal
trial. In a trial by jury the trier of fact
is the jury. In a non-jury trial it is the
judge. Questions of fact are all factual
issues that must be determined in order
to prove the defendant guilty beyond a reasonable
doubt. Questions of fact should be distinguished
from questions of law which rest in the
sole domain of the judge.
of law are determined only by the judge.
They are distinguished from questions of
fact which are usually, but not always,
determined by the jury as fact finders.
Questions of law are legal issues that must
be determined in order to proceed with the
prosecution of the defendant. Questions
of law include interpretation of statutes
and case law as well as legal rulings on
issues of evidence.
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