§ 17-23-10 Plea of autrefois acquit or convict
§ 17-23-20 Double jeopardy after trial in municipal or magistrates court
§ 17-23-30 Permitting second indictment and trial for same offense
§ 17-23-40 Nolo contendere in misdemeanor cases
§ 17-23-50 Traverse of indictment is not a continuance
§ 17-23-60 Accused’s right to counsel, to produce witnesses and proofs, and to confront witnesses
§ 17-23-80 Manner by which persons who have been indicted may be convicted
§ 17-23-90 Indictment and trial of persons committed for treason or felony; consequences of failure to indict
§ 17-23-100 Right to object to charge or request additional charge out of presence of jury
§ 17-23-110 Circuit courts may grant new trials
§ 17-23-120 Immediate disposition of certain misdemeanors or felonies; application to clerk
§ 17-23-130 Immediate disposition of certain misdemeanors or felonies; waiver of presentment by grand jury and plea of guilty
§ 17-23-140 Immediate disposition of certain misdemeanors or felonies; appearance before judge and sentence
§ 17-23-150 Immediate disposition of certain misdemeanors or felonies; powers of circuit judges
§ 17-23-160 Notice of right to preliminary hearing; form for request
§ 17-23-162 Presence of affiant or arresting officer to testify at preliminary hearing
§ 17-23-165 Attorney appearing at preliminary hearing not obligated to continue representation
§ 17-23-170 Admissibility of evidence concerning battered spouse syndrome; foundation; notice; lay testimony
§ 17-23-175 Admissibility of out-of-court statement of child under twelve; determination of trustworthiness; notice to adverse party

Terms Used In South Carolina Code > Title 17 > Chapter 23 - Pleading and Trial

  • Acquittal:
    1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
    2. A verdict of "not guilty."
     
  • Administrative Law Court: means the Administrative Law Court created by Section 1-23-500. See South Carolina Code 12-60-30
  • Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Arrest: Taking physical custody of a person by lawful authority.
  • Assessment: means the department's recording the liability of the taxpayer in the office of the department, subject to the restrictions in Section 12-60-440. See South Carolina Code 12-60-30
  • assessor: means a county officer or official who issues an official property tax assessment for real property. See South Carolina Code 12-60-30
  • auditor: means a county officer or official who issues an official property tax assessment for personal property. See South Carolina Code 12-60-30
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Chambers: A judge's office.
  • Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Department: means the South Carolina Department of Revenue. See South Carolina Code 12-60-30
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Freedom of Information Act: A federal law that mandates that all the records created and kept by federal agencies in the executive branch of government must be open for public inspection and copying. The only exceptions are those records that fall into one of nine exempted categories listed in the statute. Source: OCC
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • Oath: A promise to tell the truth.
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Personal property: All property that is not real property.
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
  • Property tax: means ad valorem taxes on real and personal property. See South Carolina Code 12-60-30
  • Property tax assessment: means a valuation or determination of property value for annual property tax purposes arrived at by multiplying the fair market value or special use value of the property by the appropriate assessment ratio for the taxable property's classification. See South Carolina Code 12-60-30
  • Property taxpayer: means a person who is liable for, or whose property or interest in property, is subject to, or liable for, a property tax imposed by this title. See South Carolina Code 12-60-30
  • Protest: means a written appeal of a proposed assessment or a division decision made in accordance with this chapter. See South Carolina Code 12-60-30
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • Service of process: The service of writs or summonses to the appropriate party.
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • taxes: means taxes, licenses, permits, fees, or other amounts, including interest, regulatory and other penalties, and civil fines, imposed by this title, or subject to assessment or collection by the department. See South Carolina Code 12-60-30
  • Taxpayer: includes a licensee and an applicant for a license, issued by or administered by the department. See South Carolina Code 12-60-30
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Verdict: The decision of a petit jury or a judge.