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Dictionary of Law |
not guilty :: legal definitionNot guilty - n. 1) plea of a person who claims not to have committed the crime of which he/she is accused, made in court when arraigned (first brought before a judge) or at a later time set by the court. The choices of what one can plea are: guilty, not guilty, no contest, not guilty by reason of insanity, or incompetent to stand trial. 2) verdict after trial by a judge sitting without a jury or by a jury (unanimous decision in all but two states, which allow a verdict by only 10 of 12 jurors), stating that the prosecution has not proved the defendant guilty of a crime or that it believes the accused person was insane at the time the crime was committed. The accused cannot be tried again for the crime charged. See also: arraignment not guilty by reason of insanity plea and Related Law Terms ↓ Related Law Termsabduction :: n. the criminal taking away of a person by persuas ... g of children. See also: kidnappingabuse 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. acquit :: v. what a jury or judge sitting without a jury doe ... ndant not guilty. See also: verdict administrator :: n. the person appointed by the court to handle the ... e also: administer executor probate admissible evidence :: n. evidence which the trial judge finds is useful ... olving violence. See also: evidence adoption :: n. the taking of a child into one's family, creati ... the child are met. See also: adopt antitrust laws :: n. acts adopted by Congress to outlaw or restrict ... so: price fixing restraint of trade appeal :: 1) v. to ask a higher court to reverse the decisio ... ng, as in "he has filed an appeal." approach the bench :: v. an attorney's movement from the counsel table t ... ake a recess to go to the restroom. 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 attempt :: v. and n. to actually try to commit a crime and ha ... felt he tried but did not succeed. Attorney General :: n. in each state and the federal government the hi ... izenry. See also: Solicitor General bankruptcy :: n. a federal system of statutes and courts which p ... y proceedings trustee in bankruptcy bar examination :: n. the examination given in each state by either t ... n that district. See also: attorney bigamy :: n. the condition of having two wives or two husban ... d to several husbands is polyandry. Bill of Rights :: n. the first ten amendments to the federal Constit ... ved to the states or to the people. brief :: 1) n. a written legal argument, usually in a forma ... another person. See also: precedent capital offense :: n. any criminal charge which is punishable by the ... . See also: bail capital punishment 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 claim against a governmental agency :: n. any time one believes he/she has a right to pay ... orter than other types of lawsuits. common law :: n. the traditional unwritten law of England, based ... plied without reference to statute. comparative negligence :: n. a rule of law applied in accident cases to dete ... utory negligence damages negligence complaint :: n. the first document filed with the court (actual ... g prayer service of process summons concurrent sentences :: n. sentences for more than one crime which are to ... ith the longest period controlling. conservator :: n. a guardian and protector appointed by a judge t ... ies. See also: conservatee guardian 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 constructive notice :: n. a fiction that a person got notice even though ... personally. See also: constructive consumer protection laws :: n. almost all states and the federal government ha ... rranty product liability securities contempt of court :: n. there are essentially two types of contempt: a) ... roduce evidence. See also: sanction continuing objection :: n. an objection to certain questions or testimony ... ional distress. See also: objection contract :: 1) n. an agreement with specific terms between two ... n oral contract unilateral contract cop a plea :: n. slang for a "plea bargain" in which an accused ... omes final). See also: plea bargain 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. crime of passion :: n. a defendant's excuse for committing a crime due ... dant. See also: manslaughter murder criminal calendar :: n. the list of criminal cases to be called in cour ... e plea preliminary hearing sentence d.b.a. :: n. short for "doing business as," when a person or ... that is registered with the state. demurrer :: n. (dee-muhr-ur) a written response to a complaint ... demurrer. See also: motion pleading descent :: n. the rules of inheritance established by law in ... on inheritance intestate succession diminished capacity :: n. essentially a psychological term which has foun ... See also: insanity M'Naughten rule directed verdict :: n. a verdict by a jury based on the specific direc ... element judgment jury trial verdict disinherit :: v. to intentionally take actions to guarantee that ... rorem clause pretermitted heir will dismiss :: v. the ruling by a judge that all or a portion (on ... nst that party. See also: dismissal DNA :: n. scientifically, deoxyribonucleic acid, a chromo ... is strongly in favor of admission. domicile :: n. the place where a person has his/her permanent ... where its headquarters is located. double jeopardy :: n. placing someone on trial a second time for an o ... that occurred thirty years earlier. 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 executive clemency :: n. the power of a President in federal criminal ca ... ernor. See also: commutation pardon extradition :: n. the surrender by one state or country of a pers ... ty. See also: fugitive from justice fact finder (finder of fact) :: n. in a trial of a lawsuit or criminal prosecution ... n facts. See also: question of fact fair comment :: n. a statement of opinion (no matter how ludicrous ... amation libel public figure slander false arrest :: n. physically detaining someone without the legal ... sment. See also: false imprisonment felony :: n. 1) a crime sufficiently serious to be punishabl ... ion. See also: misdemeanor sentence fictitious defendants :: n. when a party suing (plaintiff) is not sure if h ... are not permitted in federal cases. finding :: n. the determination of a factual question vital ( ... e case. See also: conclusion of law foreclosure :: n. the system by which a party who has loaned mone ... ced sale mortgage notice of default fugitive from justice :: n. a person convicted or accused of a crime who hi ... extradition. See also: extradition grace period :: n. a time stated in a contract in which a late pay ... the contract, i.e. your insurance. Grand Jury :: n. a jury in each county or federal court district ... arge indictment preliminary hearing grand larceny :: n. the crime of theft of another's property (inclu ... f the loot. See also: larceny theft guardian :: n. a person who has been appointed by a judge to t ... torship. See also: conservator ward guilty :: adj. having been convicted of a crime or having ad ... on of guilt cop a plea plea bargain habeas corpus :: (hay-bee-us core-puss) n. Latin for "you have the ... nality of a state court conviction. hearing :: n. any proceeding before a judge or other magistra ... e hearing preliminary hearing trial hearsay rule :: n. the basic rule that testimony or documents whic ... interest dying declaration hearsay impaneling :: n. the act of selecting a jury from the list of po ... e juror jury panel venire voir dire impute :: v. 1) to attach to a person responsibility (and th ... also. See also: vicarious liability incest :: n. sexual intercourse between close blood relative ... ily genes carrying such weaknesses. indictment :: n. a charge of a felony (serious crime) voted by a ... ictable offense preliminary hearing information :: n. an accusation or criminal charge brought by the ... Jury indictment preliminary hearing insanity :: n. mental illness of such a severe nature that a p ... M'Naughten rule temporary insanity insolvency :: n. 1) the condition of having more debts (liabilit ... the property. See also: bankruptcy interest :: n. 1) any and all, partial or total right to prope ... nal property real property standing interlocutory decree :: n. a court judgment which is temporary and not int ... ppeared to waste the parties' time. interrogatories :: n. a set of written questions to a party to a laws ... ing. See also: deposition discovery irrelevant :: adj. not important, pertinent, or germane to the m ... ce immaterial incompetent objection joint and several :: adj. referring to a debt or a judgment for neglige ... ution contributory negligence joint judge :: 1) n. an official with the authority and responsib ... ice justice of the peace magistrate judge advocate :: n. a military officer with legal training who has ... ourt-martial judge advocate general judgment notwithstanding the verdict :: (N.O.V.) n. reversal of a jury's verdict by the tr ... veredicto. See also: N.O.V. verdict 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 justice :: n. 1) fairness. 2) moral rightness. 3) a scheme or ... e appellate courts. See also: court juvenile court :: n. a special court or department of a trial court ... See also: court juvenile delinquent juvenile delinquent :: n. a person who is under age (usually below 18), w ... low as 14. See also: juvenile court lapse :: 1) v. to fail to occur, particularly a gift made i ... eficiary devisee legatee trust will law :: n. 1) any system of regulations to govern the cond ... um maritime law natural law statute law book :: n. any of numerous volumes dealing with law, inclu ... : common law law Shepardize statute lesser-included offense :: n. in criminal law, a crime which is proved by the ... g jail time. See also: plea bargain libel :: 1) n. to publish in print (including pictures), wr ... libel per se public figure slander limited partnership :: n. a special type of partnership which is very com ... mited liability partner partnership living will :: n. also called "a durable power of attorney," it i ... upport. See also: power of attorney long-arm statute :: n. law which gives a local state court jurisdictio ... rt jurisdiction over the defendant. mandamus :: (man-dame-us) n. Latin for "we order," a writ (mor ... mandamus. See also: writ of mandate memorandum :: n. 1) a brief writing, note, summary or outline. 2 ... r "The decision below is affirmed." Miranda warning :: n. the requirement, also called the Miranda rule, ... me such a suspect? See also: rights mistrial :: n. the termination of a trial before its normal co ... from the beginning. See also: trial moral certainty :: n. in a criminal trial, the reasonable belief (but ... : beyond a reasonable doubt verdict motion for a new trial :: n. a request made by the loser for the case to be ... hstanding the verdict motion N.O.V. motion to strike :: n. a request for a judge's order to eliminate all ... be unrung." See also: motion strike murder :: n. the killing of a human being by a sane person, ... premeditation second degree murder N.O.V. :: adj. shorthand acronym of Latin for non obstante v ... notwithstanding the verdict verdic 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 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. objection :: n. a lawyer's protest about the legal propriety of ... ng question object overrule sustain own recognizance :: (O.R.) n. the basis for a judge allowing a person ... n recognizance. See also: bail O.R. pardon :: 1) v. to use the executive power of a Governor or ... also: amnesty commutation reprieve partial verdict :: n. in a criminal trial, the result when the jury f ... re other charges. See also: verdict peremptory challenge :: n. the right of the plaintiff and the defendant in ... challenge for cause jury voir dire plea :: n. 1) in criminal law, the response by an accused ... raignment plead preliminary hearing plea bargain :: n. in criminal procedure, a negotiation between th ... the ban. See also: cop a plea plea power of attorney :: n. a written document signed by a person giving an ... y, as in a real estate transaction. preliminary hearing :: n. in criminal law, a hearing to determine if a pe ... nment charge Grand Jury information presumption of innocence :: n. a fundamental protection for a person accused o ... yond a reasonable doubt presumption principal :: n. 1) main person in a business. 2) employer, the ... ry agency agent respondeat superior privileges and immunities :: n. the fundamental rights that people enjoy in fre ... t impinge on constitutional rights. probate :: 1) n. the process of proving a will is valid and t ... e also: administrator executor will product liability :: n. the responsibility of manufacturers, distributo ... e known. See also: warrant warranty 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 prosecute :: v. 1) in criminal law, to charge a person with a c ... rney General prosecution prosecutor prostitution :: n. the profession of performing sexual acts for mo ... so: pander panderer pimp prostitute qui tam action :: : (kwee tam) n. from Latin for "who as well," a la ... technical violations and/or errors. reasonable care :: n. the degree of caution and concern for the safet ... . See also: duty of care negligence reasonable doubt :: n. not being sure of a criminal defendant's guilt ... also: preponderance of the evidence reasonable reliance :: n. particularly in contracts, what a prudent perso ... the following:." See also: contract reasonable time :: n. in contracts, common custom in the business or ... a contract using such a vague term. regulations :: n. rules and administrative codes issued by govern ... es usually have similar procedures. remand :: v. to send back. An appeals court may remand a cas ... ee also: appeal preliminary hearing rogatory letters :: n. a written request by a judge to a judge in anot ... also: deposition testimony witness sanction :: n. 1) a financial penalty imposed by a judge on a ... ction." See also: contempt of court sealed verdict :: n. the decision of a jury when there is a delay in ... reconvenes. See also: jury verdict search and seizure :: n. examination of a person's premises (residence, ... robable cause search search warrant search warrant :: n. a written order by a judge which permits a law ... ble cause search search and seizure 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 sheriff :: n. the top law enforcement officer for a county, u ... ." See also: bailiff sheriff's sale specific finding :: n. a decision on a fact made by a jury in its verd ... so forth. See also: special verdict speedy trial :: n. in criminal prosecutions, the right of a defend ... hurt by the waiver. See also: trial spontaneous exclamation :: n. a sudden statement caused by the speaker having ... et hit the girl." See also: hearsay standard of care :: n. the watchfulness, attention, caution and pruden ... of care foreseeable risk negligence 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 strike :: 1) v. to remove a statement from the record of the ... ing the business, factory or store. substituted service :: n. accomplishing service (delivery) of legal docum ... ee also: service service of process temporary insanity :: n. in a criminal prosecution, a defense by the acc ... diminished capacity insanity intent theft :: n. the generic term for all crimes in which a pers ... rglary embezzlement larceny robbery time served :: n. the period a criminal defendant has been in jai ... o the defendant. See also: sentence toll :: v. 1) to delay, suspend or hold off the effect of ... bridge or take passage on a ferry. trial :: n. the examination of facts and law presided over ... at a hearing held at a later time. trier of fact :: n. the judge or jury responsible for deciding fact ... r referee may be the trier of fact. trust :: n. an entity created to hold assets for the benefi ... testamentary trust trustee trustor verdict :: n. the decision of a jury after a trial, which mus ... nt quotient verdict special verdict voir dire :: (vwahr [with a near-silent "r"] deer) n. from Fren ... t witness jury peremptory challenge warrant :: 1) n. an order (writ) of a court which directs a l ... e search and seizure search warrant will :: n. a written document which leaves the estate of t ... will and testament probate testator witness stand :: n. a chair at the end of the judge's bench on the ... estimony clearly. See also: witness 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 - NN.O.V. :: adj. shorthand acronym of Latin for non obstante v ... notwithstanding the verdict verdicNational Labor Relations Board :: n. an independent regulatory commission created in ... see union and organizing elections. natural law :: n. 1) standards of conduct derived from traditiona ... eated by mankind through the state. natural person :: n. a real human being, as distinguished from a cor ... ated at law as a fictitious person. necessary :: adj., adv. 1) essen- tial. 2) less forcefully, it ... nient, useful or making good sense. necessary inference :: n. 1) a conclusion militated by reason and logic a ... nown facts. 2) unavoidable meaning. necessary party :: n. a person or entity whose interests will be affe ... o: indispensable party proper party negative declaration :: n. a finding by a city council or other local gove ... so: EIR environmental impact report negative pregnant :: n. a denial of an allegation in which a person act ... suse, just the amount and the date. negligence :: n. failure to exercise the care toward others whic ... gence per se res ipsa loquitur tort negligence per se :: (purr say) n. negligence due to the violation of a ... riving. See also: negligence per se negligent :: adj., adv. careless in not fulfilling responsibili ... esponsibility. See also: negligence negotiable instrument :: n. check, promissory note, bill of exchange, secur ... bearer paper bill of exchange check negotiation :: n. 1) the transfer of a check, promissory note, bi ... te. See also: negotiable instrument net :: : n., adj. the amount of money or value remaining ... or net estate. See also: net estate net estate :: n. the remaining estate of a person who has died, ... alue. See also: estate tax gift tax new matter :: n. newly claimed facts or legal issues raised (bro ... ee also: affirmative defense answer next friend :: n. a person (often a relative) who voluntarily hel ... filed. See also: guardian ad litem next of kin :: n. 1) the nearest blood relatives of a person who ... See also: descent and distribution nihil :: (ni [as in it]-hill) n. from Latin for nothing. ... t]-hill) n. from Latin for nothing. |