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Dictionary of Law |
double jeopardy :: legal definitionDouble jeopardy - n. placing someone on trial a second time for an offense for which he/she has been previously acquitted, even when new incriminating evidence has been unearthed. This is specifically prohibited by the Fifth Amendment to the U.S. Constitution, which states: ":nor shall any person be subject for the same offence [sic] to be twice put in jeopardy of life or limb:" However, in rare instances a person may be tried for a different crime based on some of the same facts which were used to try him/her when he/she was acquitted. A prime example is the use of the Federal Civil Rights Act to charge a person with violation of another's civil rights by killing him, after a state murder case had resulted in an acquittal, as happened in the 1994 trials for the deaths of civil rights activists and freedom riders Andrew Goldman, Michael Schwerner, James Chaney and Viola Liuzzo, that occurred thirty years earlier. Related Law Termsabandoned property :: n. property left behind (often by a tenant) intent ... -use. See also: abandon abandonmentabandonment :: n. the act of intentionally and permanently giving ... : abandon abandoned property patent abduction :: n. the criminal taking away of a person by persuas ... g of children. See also: kidnapping abuse of discretion :: n. a polite way of saying a trial judge has made s ... partner's realistic ability to pay. account stated :: n. a statement between a creditor or the person to ... ending on the state. See also: debt acknowledgment :: n. the section at the end of a document where a no ... me leases and various other papers. administrator :: n. the person appointed by the court to handle the ... e also: administer executor probate admit :: v. 1) to state something is true in answering a co ... tted." See also: admission evidence adoption :: n. the taking of a child into one's family, creati ... the child are met. See also: adopt after-acquired property :: n. 1) personal or real property acquired by a debt ... lso: bankruptcy secured transaction agency :: n. the relationship of a person (called the agent) ... ondeat superior scope of employment American Civil Liberties Union :: n. a membership organization founded in 1920 to de ... rk, NY 10036; tel.: (212) 944-9800. appeal :: 1) v. to ask a higher court to reverse the decisio ... ng, as in "he has filed an appeal." arrest :: v. 1) to take or hold a suspected criminal with le ... anda warning probable cause warrant articles of incorporation :: n. the basic charter of a corporation which spells ... year's taxes. See also: corporation Bill of Rights :: n. the first ten amendments to the federal Constit ... ved to the states or to the people. canon law :: n. laws and regulations over ecclesiastical (churc ... nduct with no religious connection. care :: n. in law, to be attentive, prudent and vigilant. ... she is involved. See also: careless chattel mortgage :: n. an outmoded written document which made a chatt ... ed by the property. See also: UCC-1 child custody :: n. a court's determination of which parent, relati ... pport custody divorce joint custody civil :: adj. 1) that part of the law that encompasses busi ... also: civil liberties civil rights civil calendar :: n. the list of lawsuits (cases) that are approachi ... y sent to trial. See also: calendar civil law :: n. 1) a body of laws and legal concepts which come ... generic term for non-criminal law. civil liberties :: n. rights or freedoms given to the people by the F ... nment. See also: civil civil rights civil rights :: n. those rights guaranteed by the Bill of Rights, ... ill of Rights civil civil liberties color of law :: n. the appearance of an act being performed based ... xtort payoffs to forget the ticket. comity :: n. when one court defers to the jurisdiction of an ... of cases to which comity may apply. comparative negligence :: n. a rule of law applied in accident cases to dete ... utory negligence damages negligence competent :: adj. 1) in general, able to act in the circumstanc ... all bases. See also: evidence will confession :: n. the statement of one charged with a crime that ... Miranda warning self-incrimination conflict of interest :: n. a situation in which a person has a duty to mor ... a position adverse to the customer. constitution :: n. the fundamental, underlying document which esta ... ts common law constitutional rights constitutional rights :: n. rights given or reserved to the people by the U ... e also: Bill of Rights constitution copyright :: 1) n. the exclusive right of the author or creator ... plagiarism public domain trademark corporation :: n. an organization formed with state governmental ... ation public corporation securities court :: n. 1) the judge, as in "The court rules in favor o ... cost and wait of full court trials. d.b.a. :: n. short for "doing business as," when a person or ... that is registered with the state. dangerous weapon :: n. any gun, knife, sword, crossbow, slingshot or o ... igence and possibly win a judgment. descent :: n. the rules of inheritance established by law in ... on inheritance intestate succession discrimination :: n. unequal treatment of persons, for a reason whic ... qual rights. See also: civil rights disinherit :: v. to intentionally take actions to guarantee that ... rorem clause pretermitted heir will domicile :: n. the place where a person has his/her permanent ... where its headquarters is located. easement :: n. the right to use the real property of another f ... rstandings at the time of creation. eminent domain :: n. the power of a governmental entity (federal, st ... ngs. See also: condemn condemnation equal opportunity :: 1) n. a right supposedly guaranteed by both federa ... be so. See also: affirmative action equal protection of the law :: n. the right of all persons to have the same acces ... laws." See also: due process of law extradition :: n. the surrender by one state or country of a pers ... ty. See also: fugitive from justice extrinsic fraud :: n. fraudulent acts which keep a person from obtain ... it. See also: fraud intrinsic fraud fair comment :: n. a statement of opinion (no matter how ludicrous ... amation libel public figure slander fair use :: n. the non-competitive right to use of copyrighted ... for a royalty. See also: copyright foreclosure :: n. the system by which a party who has loaned mone ... ced sale mortgage notice of default fraud :: n. the intentional use of deceit, a trick or some ... audulent conveyance intrinsic fraud grace period :: n. a time stated in a contract in which a late pay ... the contract, i.e. your insurance. grandfather clause :: n. 1) a clause in a statute or zoning ordinance (p ... Such laws are now unconstitutional. guest :: n. 1) in general, a person paying to stay in a hot ... ce. See also: guest statute invitee hearsay rule :: n. the basic rule that testimony or documents whic ... interest dying declaration hearsay incriminate :: v. to make a statement in which one admits that he ... d to information which would be so. indictment :: n. a charge of a felony (serious crime) voted by a ... ictable offense preliminary hearing information and belief :: n. a phrase often used in legal pleadings (complai ... nswer complaint declaration perjury insanity :: n. mental illness of such a severe nature that a p ... M'Naughten rule temporary insanity interest :: n. 1) any and all, partial or total right to prope ... nal property real property standing interrogatories :: n. a set of written questions to a party to a laws ... ing. See also: deposition discovery invasion of privacy :: n. the intrusion into the personal life of another ... randeis. See also: right to privacy jeopardy :: n. peril, particularly danger of being charged wit ... ar Evers. See also: double jeopardy jump bail :: v. to fail to appear for a court appearance after ... also: bail bail bond bail bondsman jurisdiction :: n. the authority given by law to a court to try ca ... Superior Court Supreme Court venue jury :: n. one of the remarkable innovations of the Englis ... hallenge sequester venire voir dire jury fees :: n. the rather minimal amount paid each day to juro ... ees as a court cost. See also: jury justice :: n. 1) fairness. 2) moral rightness. 3) a scheme or ... e appellate courts. See also: court libel :: 1) n. to publish in print (including pictures), wr ... libel per se public figure slander license :: 1) n. governmental permission to perform a particu ... eement. See also: licensee licensor life estate :: n. the right to use or occupy real property for on ... hter, Sadie, will own the property. living will :: n. also called "a durable power of attorney," it i ... upport. See also: power of attorney Miranda warning :: n. the requirement, also called the Miranda rule, ... me such a suspect? See also: rights misappropriation :: n. the intentional, illegal use of the property or ... mbezzlement fiduciary larceny theft M'Naughten rule :: n. a traditional "right and wrong" test of legal i ... temporary insanity Twinkie defense mortgage :: n. a document in which the owner pledges his/her/i ... losure notice of default trust deed murder :: n. the killing of a human being by a sane person, ... premeditation second degree murder negligence :: n. failure to exercise the care toward others whic ... gence per se res ipsa loquitur tort no contest :: n. in criminal law, a defendant's plea in court th ... : nolo contendere plea plea bargain no fault insurance :: n: a type of automobile insurance required of car ... ling lawsuits. See also: negligence nominee :: n. 1) a person or entity who is requested or named ... ic office. See also: agent executor not guilty :: n. 1) plea of a person who claims not to have comm ... t guilty by reason of insanity plea not guilty by reason of insanity :: n. plea in court of a person charged with a crime ... fense not guilty temporary insanity notary public :: n. a person authorized by the state in which the p ... he state which appoints the notary. nuisance :: n. the unreasonable, unwarranted and/or unlawful u ... evening). See also: public nuisance objection :: n. a lawyer's protest about the legal propriety of ... ng question object overrule sustain peremptory challenge :: n. the right of the plaintiff and the defendant in ... challenge for cause jury voir dire personal services :: n. in contract law, the talents of a person which ... his/her unique ability and product. petty larceny :: n. a term used in many states for theft of a small ... emeanor in charging and sentencing. plea :: n. 1) in criminal law, the response by an accused ... raignment plead preliminary hearing privileges and immunities :: n. the fundamental rights that people enjoy in fre ... t impinge on constitutional rights. promissory note :: n. a written promise by a person (variously called ... lso: interest obligee obligor usury proof :: n. confirmation of a fact by evidence. In a trial, ... doubt preponderance of the evidence property :: n. anything that is owned by a person or entity. P ... rty real property separate property public easement :: n. the right of the general public to use certain ... lso: easement prescriptive easement real property :: n. 1) all land, structures, firmly attached and in ... onal property real estate reversion remedy :: n. the means to achieve justice in any matter in w ... gment provisional remedy settlement right :: 1) n. an entitlement to something, whether to conc ... e also: civil rights marital rights right to privacy :: n. the possible right to be let alone, in absence ... e also: invasion of privacy privacy rights :: n. 1) plural of right, which is the collection of ... evidence. See also: Miranda warning roadside test :: n. a preliminary test law enforcement officers use ... g while intoxicated Miranda warning robbery :: n. 1) the direct taking of property (including mon ... We've been robbed." See also: theft seal :: n. a device which creates an impression upon paper ... e "sealed," but that is rare today. seduction :: n. the use of charm, salesmanship, promises, gifts ... ry breach of promise date rape rape self-defense :: n. the use of reasonable force to protect oneself ... ndalism. See also: assault homicide sentence :: 1) n. the punishment given to a person convicted o ... ence restitution suspended sentence service of process :: n. the delivery of copies of legal documents such ... by publication substituted service sound mind and memory :: n. having an understanding of one's actions and re ... ee also: competent incompetent will speedy trial :: n. in criminal prosecutions, the right of a defend ... hurt by the waiver. See also: trial spousal support :: n. payment for support of an ex-spouse (or a spous ... but two. See also: alimony divorce state action :: n. in federal Civil Rights Acts, dating back to 18 ... for damages. See also: civil rights state of domicile :: n. the state in which a person has his/her permane ... orated. See also: domicile resident statute of limitations :: n. a law which sets the maximum period which one c ... ies. See also: demurrer laches toll substituted service :: n. accomplishing service (delivery) of legal docum ... ee also: service service of process tax :: n. a governmental assessment (charge) upon propert ... unified estate and gift tax use tax tenancy by the entirety :: n. joint ownership of title by husband and wife, i ... ee also: community property tenancy tenancy in common :: n. title to property (usually real property, but i ... on. See also: joint tenancy tenancy theft :: n. the generic term for all crimes in which a pers ... rglary embezzlement larceny robbery use :: n. the right to enjoy the benefits of real propert ... ay it is only of academic interest. use tax :: n. a state tax on goods purchased in another state ... e" tax equivalent to its sales tax. will :: n. a written document which leaves the estate of t ... will and testament probate testator witness :: 1) n. a person who testifies under oath in a trial ... lso: deposition evidence trial will Popular Law Searcheslegal definition ministerial act :: n. an act, particularly of a governmental employee ... exercising any individual judgment.chancery legal definition :: n. a court that can order acts performed. Today ch ... ts in most states. See also: equity testamentary disposition legal definition :: n. how the terms of a will divide the testator's ( ... named beneficiaries. See also: will contract of sufferance :: n. a "hold-over" tenancy after a lease has expired ... y tenancy at will unlawful detainer forthwith legal definition :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay. forthwith definition legal :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay. what is to wit in a legal contract :: prep. that is to say. Example: "the passengers in ... tty Bumgartner and Sherry Younger." mirror wills legal definition :: n. the wills of a husband and wife which are ident ... d each names the other as executor. clean hands doctrine latin :: n. a rule of law that a person coming to court wit ... ices. See also: affirmative defense sine qua non only relates to contract law :: (see-nay kwah nahn) prep. Latin for "without which ... qua non of the injury to Playmate. Other Law Terms - DD.A. :: n. slang for District Attorney. ... n. slang for District Attorney.d.b.a. :: n. short for "doing business as," when a person or ... that is registered with the state. D.U.I. :: n. short for driving under the influence of alcoho ... ing under the influence of alcohol. D.W.I. :: n. 1) short for driving while intoxicated. 2) abbr ... for dying without issue (children). damages :: n. the amount of money which a plaintiff (the pers ... liquidated damages special damages dangerous :: adj. unsafe, hazardous, fraught with risk. It can ... eapon's range. See also: negligence dangerous weapon :: n. any gun, knife, sword, crossbow, slingshot or o ... igence and possibly win a judgment. date rape :: n. forcible sexual intercourse by a male acquainta ... physical resistance. See also: rape day in court :: n. popular term for everyone's opportunity to brin ... rt to protest his speeding ticket." de facto :: adj. Latin for "in fact." Often used in place of " ... ave not been met. See also: de jure de facto corporation :: n. a company which operates as if it were a corpor ... also: de facto de jure ultra vires de jure :: adj. Latin for "lawful," as distinguished from de ... also: de facto de jure corporation de jure corporation :: n. a corporation in good standing under the law, a ... also: de facto corporation de jure de minimis :: adj. (dee-minnie-miss) Latin for "of minimum impor ... deal, a $10 mistake is de minimis. de novo :: adj. Latin for "anew," which means starting over, ... n, de novo. See also: trial de novo deadly weapon :: n. any weapon which can kill. This includes not on ... See also: assault dangerous weapon dealer :: n. anyone who buys goods or property for the purpo ... ins taxes by buying other property. death penalty :: n. the sentence of execution for murder and some o ... rder and some other capital crimes. death row :: n. nickname for that portion of a prison in which ... o: capital punishment death penalty debenture :: n. a form of bond certificate issued by a corporat ... n shares of stock or general bonds. |