Dictionary of Law
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insanity :: legal definition


Insanity - n. mental illness of such a severe nature that a person cannot distinguish fantasy from reality, cannot conduct her/his affairs due to psychosis, or is subject to uncontrollable impulsive behavior. Insanity is distinguished from low intelligence or mental deficiency due to age or injury. If a complaint is made to law enforcement, to the District Attorney or to medical personnel that a person is evidencing psychotic behavior, he/she may be confined to a medical facility long enough (typically 72 hours) to be examined by psychiatrists who submit written reports to the local superior/county/district court. A hearing is then held before a judge, with the person in question entitled to legal representation, to determine if she/he should be placed in an institution or special facility. The person ordered institutionalized at the hearing may request a trial to determine sanity. Particularly since the original hearings are often routine with the psychiatric findings accepted by the judge. In criminal cases, a plea of "not guilty by reason of insanity" will require a trial on the issue of the defendant's insanity (or sanity) at the time the crime was committed. In these cases the defendant usually claims "temporary insanity" (crazy then, but okay now). The traditional test of insanity in criminal cases is whether the accused knew "the difference between right and wrong," following the "M'Naughten rule" from 19th century England. Most states require more sophisticated tests based on psychiatric and/or psychological testimony evaluated by a jury of laypersons or a judge without psychiatric training. A claim by a criminal defendant of his/her insanity at the time of trial requires a separate hearing to determine if a defendant is sufficiently sane to understand the nature of a trial and participate in his/her own defense. If found to be insane, the defendant will be ordered to a mental facility, and the trial will be held only if sanity returns. Sex offenders may be found to be sane for all purposes except the compulsive dangerous and/or antisocial behavior. They are usually sentenced to special facilities for sex offenders, supposedly with counseling available. However, there are often maximum terms related to the type of crime, so that parole and release may occur with no proof of cure of the compulsive desire to commit sex crimes.

See also: insanity defense M'Naughten rule temporary insanity and Related Law Terms ↓


Related Law Terms

abuse of discretion :: n. a polite way of saying a trial judge has made s ... partner's realistic ability to pay.
accessory :: n. a second-string player who helps in the commiss ... responsible. See also: aid and abet
acknowledgment :: n. the section at the end of a document where a no ... me leases and various other papers.
act of God :: n. a natural catastrophe which no one can prevent ... atural event. God knows the answer!
actionable :: adj. when enough facts or circumstances exist to m ... ction lawsuit malicious prosecution
adjuster :: n. an employee (usually a non-lawyer) of an insura ... e company in approving settlements.
Administrative Procedure Act :: n. the federal act which established the rules and ... strative hearing administrative law
administrator :: n. the person appointed by the court to handle the ... e also: administer executor probate
admiralty :: n. concerning activities which occur at sea, inclu ... "proctors." See also: maritime law
admissible evidence :: n. evidence which the trial judge finds is useful ... olving violence. See also: evidence
admission to bail :: n. an order of a court in a criminal case allowing ... lient. See also: bail bail bondsman
adoption :: n. the taking of a child into one's family, creati ... the child are met. See also: adopt
adverse witness :: n. a witness in a trial who is found by the judge ... r the opposition. See also: witness
alimony :: n. support paid by one ex-spouse to the other as o ... ild support divorce spousal support
amend :: v. to alter or change by adding, subtracting, or s ... mended pleading statute stipulation
American Civil Liberties Union :: n. a membership organization founded in 1920 to de ... rk, NY 10036; tel.: (212) 944-9800.
answer :: n. in law, a written pleading filed by a defendant ... emurrer general denial verification
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.
arbitrator :: n. one who conducts an arbitration, and serves as ... he other two. See also: arbitration
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
attachment :: n. the seizing of money or property prior to getti ... bond. See also: writ of attachment
attempt :: v. and n. to actually try to commit a crime and ha ... felt he tried but did not succeed.
attorney-client privilege :: n. the requirement that an attorney may not reveal ... ivileged communication work product
bail :: 1) n. the money or bond put up to secure the relea ... bond bail bondsman own recognizance
bailiff :: n. 1) a court official, usually a deputy sheriff, ... isdictional territory of a bailiff.
bankruptcy :: n. a federal system of statutes and courts which p ... y proceedings trustee in bankruptcy
bankruptcy proceedings :: n. the bankruptcy procedure is: a) filing a petiti ... ankruptcy court claim in bankruptcy
bifurcate :: v. the order or ruling of a judge that one issue i ... is necessary. See also: bifurcation
bigamy :: n. the condition of having two wives or two husban ... d to several husbands is polyandry.
bill of particulars :: n. a written itemization of claims which a defenda ... the factual bases for the charges.
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
burden of proof :: n. the requirement that the plaintiff (the party b ... ence prima facie weight of evidence
burglary :: n. the crime of breaking and entering into a struc ... le. See also: breaking and entering
but for rule :: n. one of several tests to determine if a defendan ... e damage. See also: proximate cause
calendar :: 1) n. the list of cases to be called for trial bef ... clerk of the court calendars cases.
caption :: n. the first section of any written legal pleading ... to the exact format of the caption.
case system :: n. the method of studying law generally used in Am ... Langdell and soon became standard.
chambers :: n. the private office of a judge, usually close to ... s." See also: in camera in chambers
character witness :: n. a person who testifies in a trial on behalf of ... ases and civil cases such as fraud.
charge :: n. 1) in a criminal case, the specific statement o ... trial judge. 3) a fee for services.
charitable remainder trust (Charitable Remainder Irrevocable Unitrust) :: n. a form of trust in which the donor (trustor or ... ed up or committed. See also: trust
child custody :: n. a court's determination of which parent, relati ... pport custody divorce joint custody
circumstantial evidence :: n. evidence in a trial which is not directly from ... circumstantial. See also: evidence
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
claim against a governmental agency :: n. any time one believes he/she has a right to pay ... orter than other types of lawsuits.
claim against an estate :: n. upon the death of a person and beginning of pro ... ade to the heirs. See also: probate
clean hands doctrine :: n. a rule of law that a person coming to court wit ... ices. See also: affirmative defense
commitment :: n. a judge's order sending someone to jail or pris ... prisoner or patient to such places.
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
complaint :: n. the first document filed with the court (actual ... g prayer service of process summons
conclusion :: n. 1) in general, the end. 2) in a trial, when all ... onclusion of fact conclusion of law
conclusion of fact :: n. in a trial, the final result of an analysis of ... quested. See also: finding judgment
concurrent sentences :: n. sentences for more than one crime which are to ... ith the longest period controlling.
confess :: v. in criminal law, to voluntarily state that one ... Miranda warning self-incrimination
confession :: n. the statement of one charged with a crime that ... Miranda warning self-incrimination
confession and avoidance :: n. when a defendant admits the allegations in a co ... tries to avoid their legal impact.
conflict of interest :: n. a situation in which a person has a duty to mor ... a position adverse to the customer.
conservatee :: n. a person whom a court has determined because of ... and the like. See also: conservator
conservator :: n. a guardian and protector appointed by a judge t ... ies. See also: conservatee guardian
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
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
contributory negligence :: n. a doctrine of common law that if a person was i ... : comparative negligence negligence
corporation :: n. an organization formed with state governmental ... ation public corporation securities
counterclaim :: n. a retaliatory claim by a defendant against a pl ... d. See also: answer cross-complaint
court :: n. 1) the judge, as in "The court rules in favor o ... cost and wait of full court trials.
court costs :: n. fees for expenses that the courts pass on to at ... ee also: cost bill prevailing party
creditor's claim :: n. a claim required to be filed in writing, in a p ... e also: claim in bankruptcy probate
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
cross-complaint :: n. after a complaint has been filed against a defe ... g prayer service of process summons
damages :: n. the amount of money which a plaintiff (the pers ... liquidated damages special damages
de novo :: adj. Latin for "anew," which means starting over, ... n, de novo. See also: trial de novo
defense attorney :: n. 1) the attorney representing the defendant in a ... lso: defendant plaintiff's attorney
deportation :: n. the act of expelling a foreigner from a country ... s usually to the country of origin.
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
disability :: n. 1) a condition which prevents one from performi ... ct, or being insane or incompetent.
dismiss :: v. the ruling by a judge that all or a portion (on ... nst that party. See also: dismissal
diversion :: n. in criminal procedure, a system for giving a ch ... second offense. See also: probation
DNA :: n. scientifically, deoxyribonucleic acid, a chromo ... is strongly in favor of admission.
double jeopardy :: n. placing someone on trial a second time for an o ... that occurred thirty years earlier.
enjoin :: v. for a court to order that someone either do a s ... so: injunction temporary injunction
entrapment :: n. in criminal law, the act of law enforcement off ... e drugs if not pressed by the narc?
equal protection of the law :: n. the right of all persons to have the same acces ... laws." See also: due process of law
estate :: n. 1) all that one owns in real estate and other a ... ife estate probate real estate will
evidence :: n. every type of proof legally presented at trial ... material object objection relevant
ex parte :: (ex par-tay, but popularly, ex party) adj. Latin m ... and place of any ex parte hearing.
ex post facto :: adj. Latin for "after the fact," which refers to l ... ted before the new law was adopted.
examination :: n. 1) the questioning of a witness by an attorney. ... irect examination testimony witness
exception :: n. 1) a formal objection during trial ("We take ex ... cluded. See also: exception in deed
excusable neglect :: n. a legitimate excuse for the failure of a party ... See also: default default judgment
expert witness :: n. a person who is a specialist in a subject, ofte ... sitions. See also: expert testimony
extradition :: n. the surrender by one state or country of a pers ... ty. See also: fugitive from justice
extraordinary fees :: n. attorneys' fees claimed, usually in the adminis ... n. See also: attorney's fee probate
false arrest :: n. physically detaining someone without the legal ... sment. See also: false imprisonment
fictitious defendants :: n. when a party suing (plaintiff) is not sure if h ... are not permitted in federal cases.
fiduciary :: 1) n. from the Latin fiducia, meaning "trust," a p ... lation fiduciary relationship trust
file :: 1) v. to deposit with the clerk of the court a wri ... rrespondence and notes on the case.
final settlement :: n. an agreement reached by the parties to a lawsui ... rneys present. See also: settlement
finding :: n. the determination of a factual question vital ( ... e case. See also: conclusion of law
forensic medicine :: n. research, reports and testimony in court by exp ... dical examiners. See also: forensic
gag order :: n. a judge's order prohibiting the attorneys and t ... st day in office, January 22, 1993.
general partner :: n. 1) usually one of the owners and operators of a ... ted partnership partner partnership
Grand Jury :: n. a jury in each county or federal court district ... arge indictment preliminary hearing
guardian :: n. a person who has been appointed by a judge to t ... torship. See also: conservator ward
habeas corpus :: (hay-bee-us core-puss) n. Latin for "you have the ... nality of a state court conviction.
harmless error :: n. an error by a judge in the conduct of a trial w ... ar to be harmless." See also: error
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
held :: v. decided or ruled, as "the court held that the c ... See also: decision judgment ruling
hit and run :: n. the crime of a driver of a vehicle who is invol ... , and then walks back to the scene.
hostile witness :: n. technically an "adverse witness" in a trial who ... so: adverse witness leading witness
hung jury :: n. slang for a hopelessly deadlocked jury in a cri ... also: dismissal jury mistrial trial
impute :: v. 1) to attach to a person responsibility (and th ... also. See also: vicarious liability
in personam :: adj. (in purr-soh-nam) from Latin for "directed to ... here. See also: in rem jurisdiction
incapacity :: adj. 1) not being able to perform any gainful empl ... of the will. See also: incompetent
incompetent :: adj. 1) referring to a person who is not able to m ... n incompetency incompetent evidence
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
injunction :: n. a writ (order) issued by a court ordering someo ... t. See also: injunctive relief writ
insolvency :: n. 1) the condition of having more debts (liabilit ... the property. See also: bankruptcy
insufficient evidence :: n. a finding (decision) by a trial judge or an app ... l court. See also: evidence finding
insurance :: n. a contract (insurance policy) in which the insu ... t clause Workers' Compensation Acts
interest :: n. 1) any and all, partial or total right to prope ... nal property real property standing
intoxication :: n. 1) the condition of being drunk as the result o ... r. See also: vehicular manslaughter
irrelevant :: adj. not important, pertinent, or germane to the m ... ce immaterial incompetent objection
joinder :: n. the joining together of several lawsuits or sev ... er misjoinder multiplicity of suits
joint and several :: adj. referring to a debt or a judgment for neglige ... ution contributory negligence joint
joint liability :: n. when two or more persons are both responsible f ... See also: joinder joint and several
judge :: 1) n. an official with the authority and responsib ... ice justice of the peace magistrate
judgment creditor :: n. the winning plaintiff in a lawsuit to whom the ... 's rights judgment prevailing party
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
juvenile court :: n. a special court or department of a trial court ... See also: court juvenile delinquent
kidnapping :: (also spelled kidnaping) n. the taking of a person ... but now applies to adults as well.
lapse :: 1) v. to fail to occur, particularly a gift made i ... eficiary devisee legatee trust will
last clear chance :: n. a rule of law in determining responsibility for ... contributory negligence negligence
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
leading question :: n. a question asked of a witness by an attorney du ... e also: cross-examination objection
legal aid society :: n. an organization formed to assist persons who ha ... bar association. See also: pro bono
liability :: n. one of the most significant words in the field ... bility joint tortfeasors negligence
libel :: 1) n. to publish in print (including pictures), wr ... libel per se public figure slander
lien :: n. any official claim or charge against property o ... ord's lien mechanic's lien mortgage
limited partnership :: n. a special type of partnership which is very com ... mited liability partner partnership
lis pendens :: (lease pen-dense) n. Latin for "a suit pending," a ... ob can be penalized by court order.
living will :: n. also called "a durable power of attorney," it i ... upport. See also: power of attorney
long cause :: n. a lawsuit in which it is estimated that a trial ... dar call court calendar short cause
magistrate :: n. 1) a generic term for any judge of a court, or ... ce of the peace preliminary hearing
mail box rule :: n. in contract law, making a written offer or acce ... nse in hand when the time runs out.
malpractice :: n. An act or continuing conduct of a professional ... eed. See also: errors and omissions
malum in se :: (mal-uhm in say) adv. Latin referring to an act th ... hibitum. See also: malum prohibitum
mandamus :: (man-dame-us) n. Latin for "we order," a writ (mor ... mandamus. See also: writ of mandate
mandate :: n. 1) any mandatory order or requirement under sta ... See also: mandamus writ of mandate
maxims :: n. a collection of legal truisms which are used as ... e and the ordinary habits of life."
mental anguish :: n. mental suffering which includes fright, feeling ... See also: damages mental suffering
Miranda warning :: n. the requirement, also called the Miranda rule, ... me such a suspect? See also: rights
misjoinder :: n. the inclusion of parties (plaintiffs or defenda ... ent transactions. See also: joinder
mistrial :: n. the termination of a trial before its normal co ... from the beginning. See also: trial
M'Naughten rule :: n. a traditional "right and wrong" test of legal i ... temporary insanity Twinkie defense
motion :: n. a formal request made to a judge for an order o ... g, an oral motion may be permitted.
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 for a summary judgment :: n. a written request for a judgment in the moving ... strict procedures. See also: motion
motion for dismissal :: (non-suit) n. application by a defendant in a laws ... otion for nonsuit. See also: motion
motion to strike :: n. a request for a judge's order to eliminate all ... be unrung." See also: motion strike
municipal court :: n. a lower court which usually tries criminal misd ... nd/or small claims. See also: court
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
non-suit :: n. a ruling by the judge in a lawsuit either when ... the defendant. See also: dismissal
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.
notice :: n. 1) information, usually in writing in all legal ... Thirty-day notice three-day notice
notice to quit :: n. the notice given by a landlord (owner) to a ten ... h-to-month notice unlawful detainer
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
off calendar :: adj. refers to an order of the court to take a law ... of either party. See also: calendar
on the merits :: adj. referring to a judgment, decision or ruling o ... s if this mistake had not occurred.
open court :: n. the conduct of judicial proceedings (trials, he ... which are usually held in chambers.
option :: n. a right to purchase property or require another ... ng or upon expiration of the lease.
order :: 1) n. every direction or mandate of a judge or a c ... defendant. See also: judge judgment
order to show cause :: n. a judge's written mandate that a party appear i ... vernmental agency. See also: O.S.C.
own recognizance :: (O.R.) n. the basis for a judge allowing a person ... n recognizance. See also: bail O.R.
pain and suffering :: n. the physical and mental distress suffered from ... l damages special damages suffering
palimony :: n. a substitute for alimony in cases in which the ... the relationship. See also: alimony
pardon :: 1) v. to use the executive power of a Governor or ... also: amnesty commutation reprieve
parole :: n. 1) the release of a convicted criminal defendan ... sed he will not take up arms again.
party :: n. 1) one of the participants in a lawsuit or othe ... y real party in interest respondent
peace bond :: n. a bond required as part of a court order to gua ... ee also: injunction stay away order
peremptory challenge :: n. the right of the plaintiff and the defendant in ... challenge for cause jury voir dire
peremptory writ of mandate :: (or mandamus) n. a final order of a court to any g ... ve writ. See also: mandamus mandate
petition :: 1) n. a formal written request to a court for an o ... dent. See also: divorce motion writ
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.
precedent :: 1) n. a prior reported opinion of an appeals court ... to perform. See also: stare decisis
preliminary hearing :: n. in criminal law, a hearing to determine if a pe ... nment charge Grand Jury information
presiding judge :: n. 1) in both state and federal appeals court, the ... and chairs meetings of the judges.
presumption :: n. a rule of law which permits a court to assume a ... resumption at all, but a certainty.
principal :: n. 1) main person in a business. 2) employer, the ... ry agency agent respondeat superior
privileged communication :: n. statements and conversations made under circums ... See also: attorney-client privilege
probate :: 1) n. the process of proving a will is valid and t ... e also: administrator executor will
procedure :: n. the methods and mechanics of the legal process. ... cases are tried and judgments made.
process :: n. in law, the legal means by which a person is re ... service of process subpena summons
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
prosecute :: v. 1) in criminal law, to charge a person with a c ... rney General prosecution prosecutor
prosecution :: n. 1) in criminal law, the government attorney cha ... se). See also: prosecute prosecutor
prosecutor :: n. generic term for the government's attorney in a ... ee also: Attorney General prosecute
protective custody :: n. the act of law enforcement officials in placing ... ical harm or death if they testify.
question of fact :: n. in a lawsuit or criminal prosecution, an issue ... also: finding judge question of law
question of law :: n. an issue arising in a lawsuit or criminal prose ... udge question of fact trier of fact
qui tam action :: : (kwee tam) n. from Latin for "who as well," a la ... technical violations and/or errors.
reasonable doubt :: n. not being sure of a criminal defendant's guilt ... also: preponderance of the evidence
record :: 1) v. (ree-cored) to put a document into the offic ... eeding race to the courthouse trial
release on one's own recognizance :: v. for a judge to allow a criminal defendant pre-t ... ourtroom slang. See also: bail O.R.
remand :: v. to send back. An appeals court may remand a cas ... ee also: appeal preliminary hearing
remedy :: n. the means to achieve justice in any matter in w ... gment provisional remedy settlement
remittitur :: n. 1) a judge's order reducing a judgment awarded ... party on appeal). See also: remand
respondent :: n. 1) the party who is required to answer a petiti ... "appellant") in the appeals court.
restraining order :: n. a temporary order of a court to keep conditions ... so: injunction permanent injunction
reversal :: n. the decision of a court of appeal ruling that t ... e of damages is ordered to dismiss.
review :: n. the judicial consideration of a lower court jud ... ate court reversal reversible error
roadside test :: n. a preliminary test law enforcement officers use ... g while intoxicated Miranda warning
rule :: 1) v. to decide a legal question, by a court, as i ... ee also: regulations rules of court
rule against perpetuities :: n. the legal prohibition against tying up property ... . See also: restraint on alienation
sanction :: n. 1) a financial penalty imposed by a judge on a ... ction." See also: contempt of court
sealing of records :: n. trial records and decisions which a judge order ... eep the terms from public scrutiny.
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 :: n. 1) paid work by another person, either by contr ... ersonal services service of process
service of process :: n. the delivery of copies of legal documents such ... by publication substituted service
setoff :: (offset) n. a claim by a defendant in a lawsuit th ... ee also: affirmative defense offset
sex offender :: n. generic term for all persons convicted of crime ... pornography rape sexual harassment
short cause :: n. a lawsuit which is estimated by the parties (us ... l be reset later as a "long cause."
shortening time :: n. an order of the court in response to the motion ... e notice is served within 24 hours.
slander :: n. oral defamation, in which someone tells one or ... . See also: defamation fair comment
small claims court :: n. a division of most municipal, city or other low ... od example of a small claims court.
special appearance :: n. the representation by an attorney of a person i ... anged. See also: general appearance
special circumstances :: n. in criminal cases, particularly homicides, acti ... urant. See also: capital punishment
special prosecutor :: n. an attorney from outside of the government sele ... Robert Bork finally discharged Cox.
specific finding :: n. a decision on a fact made by a jury in its verd ... so forth. See also: special verdict
specific performance :: n. the right of a party to a contract to demand th ... artwork. See also: contract prayer
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
star chamber proceedings :: n. any judicial or quasi-judicial action, trial or ... ate 1960s. See also: kangaroo court
state of domicile :: n. the state in which a person has his/her permane ... orated. See also: domicile resident
status conference :: n. a pre-trial meeting of attorneys before a judge ... g a trial date. See also: discovery
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.
sua sponte :: : (sooh-uh spahn-tay) adj. Latin for "of one's own ... ot have jurisdiction over the case.
summary adjudication of issues :: n. a court order ruling that certain factual issue ... is made. See also: summary judgment
summons :: n. a document issued by the court at the time a la ... use service service of process writ
suspended sentence :: n. in criminal law, a penalty applied by a judge t ... may be enforced. See also: sentence
temporary injunction :: n. a court order prohibiting an action by a party ... ry injunction. See also: injunction
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
timely :: adj. within the time required by statute, court ru ... ed on the 61st day is not "timely."
title :: n. 1) ownership of real property or personal prope ... ink slip real property title search
transcript :: n. the written record of all proceedings, includin ... unless transcription is requested.
trial :: n. the examination of facts and law presided over ... at a hearing held at a later time.
trust :: n. an entity created to hold assets for the benefi ... testamentary trust trustee trustor
variance :: n. 1) an exception to a zoning ordinance, authoriz ... process." See also: dismissal proof
venue :: n. 1) the proper or most convenient location for t ... ion. See also: forum non conveniens
verdict :: n. the decision of a jury after a trial, which mus ... nt quotient verdict special verdict
void for vagueness :: adj. referring to a statute defining a crime which ... o the states by the 14th Amendment.
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
whiplash :: n. a common neck and/or back injury suffered in au ... r damages due to negligent driving.
will :: n. a written document which leaves the estate of t ... will and testament probate testator
withdrawal :: n. 1) in criminal law, leaving a conspiracy to com ... count. See also: check renunciation
witness :: 1) n. a person who testifies under oath in a trial ... lso: deposition evidence trial will
youthful offenders :: n. under-age people accused of crimes who are proc ... alty. See also: juvenile delinquent

Popular Law Searches

legal 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 - I

i.e. :: prep. abbreviation for id est, which is Latin for ... "e.g.," which means "for example."
illegal :: 1) adj. in violation of statute, regulation or ord ... . See also: alien illegal immigrant
illegal immigrant :: n. an alien (non-citizen) who has entered the Unit ... ion date of a visa. See also: alien
illusory promise :: n. an agreement to do something that is so indefin ... he may have thought was a contract.
immaterial :: adj. a commonly heard objection to introducing evi ... ons. See also: irrelevant objection
immediately :: adv. 1) at once. 2) in orders of the court or in c ... oon as can be done" without excuse.
immunity :: n. exemption from penalties, payments or legal req ... ws. See also: governmental immunity
impanel :: v. to select and install a jury. See also: impanel ... l a jury. See also: impaneling jury
impaneling :: n. the act of selecting a jury from the list of po ... e juror jury panel venire voir dire
impeach :: v. 1) to discredit the testimony of a witness by p ... ve been found guilty by the Senate.
impeachment :: n. 1) discrediting a witness by showing that he/sh ... the trial itself. See also: impeach
impleader :: n. a procedural device before trial in which a par ... than having two suits in a series.
implied :: adj., adv. referring to circumstances, conduct or ... nt implied consent implied warranty
implied consent :: n. consent when surrounding circumstances exist wh ... aybe" or "later." See also: implied
implied contract :: n. an agreement which is found to exist based on t ... : contract express contract implied
implied covenant of good faith and fair dealing :: n. a general assumption of the law of contracts, t ... -long employment. See also: implied
implied warranty :: n. an assumption at law that products are "merchan ... er. See also: caveat emptor implied
impossibility :: n. when an act cannot be performed due to nature, ... cel) a contract. See also: contract
impotence :: n. the male's inability to copulate. Impotence can ... eans inability to produce children.
impound :: v. 1) to collect funds, in addition to installment ... cases. See also: forfeit forfeiture