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Dictionary of Law |
M'Naughten rule :: legal definitionM'Naughten rule - n. a traditional "right and wrong" test of legal insanity in criminal prosecutions. Under M'Naughten (its name comes from the trial of a notorious English assassin in the early 1800s), a defendant is legally insane if he/she cannot distinguish between right and wrong in regard to the crime with which he/she is charged. If the judge or the jury finds that the accused could not tell the difference, then there could not be criminal intent. Considering modern psychiatry and psychology, tests for lack of capacity to "think straight" (with lots of high-priced expert testi-mony) are used in most states either under the American Law Institute's Model Penal Code or the "Durham Rule." See also: diminished capacity insanity temporary insanity Twinkie defense and Related Law Terms ↓ Related Law Termsarrest :: v. 1) to take or hold a suspected criminal with le ... anda warning probable cause warrantattorney :: n. 1) an agent or someone authorized to act for an ... ialize. See also: court reciprocity Bill of Rights :: n. the first ten amendments to the federal Constit ... ved to the states or to the people. 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 common-law marriage :: n. an agreement between a man and woman to live to ... a marriage. See also: cohabitation 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 of judgment :: n. a written agreement in which the defendant in a ... rms are fulfilled by the defendant. diminished capacity :: n. essentially a psychological term which has foun ... See also: insanity M'Naughten rule double jeopardy :: n. placing someone on trial a second time for an o ... that occurred thirty years earlier. due process of law :: n. a fundamental principle of fairness in all lega ... procedural and substantive rights. fraud :: n. the intentional use of deceit, a trick or some ... audulent conveyance intrinsic fraud insanity :: n. mental illness of such a severe nature that a p ... M'Naughten rule temporary insanity intoxication :: n. 1) the condition of being drunk as the result o ... r. See also: vehicular manslaughter jump bail :: v. to fail to appear for a court appearance after ... also: bail bail bond bail bondsman laches :: n. the legal doctrine that a legal right or claim ... , breach of contract, fraud, etc.). legal separation :: n. a court-decreed right to live apart, with the r ... n is rarely used. See also: divorce Miranda warning :: n. the requirement, also called the Miranda rule, ... me such a suspect? See also: rights mitigating circumstances :: n. in criminal law, conditions or happenings which ... ity heat of passion Twinkie defense no contest :: n. in criminal law, a defendant's plea in court th ... : nolo contendere plea plea bargain not guilty by reason of insanity :: n. plea in court of a person charged with a crime ... fense not guilty temporary insanity parole :: n. 1) the release of a convicted criminal defendan ... sed he will not take up arms again. plea :: n. 1) in criminal law, the response by an accused ... raignment plead preliminary hearing privilege against self incrimina-tion :: n. a right to refuse to testify against oneself in ... so: Bill of Rights taking the Fifth procedure :: n. the methods and mechanics of the legal process. ... cases are tried and judgments made. promissory note :: n. a written promise by a person (variously called ... lso: interest obligee obligor usury retroactive :: adj. referring to a court's decision or a statute ... ospective." See also: ex post facto roadside test :: n. a preliminary test law enforcement officers use ... g while intoxicated Miranda warning self-executing :: adj. immediately effective without further action, ... party the right to try to collect. temporary insanity :: n. in a criminal prosecution, a defense by the acc ... diminished capacity insanity intent trial :: n. the examination of facts and law presided over ... at a hearing held at a later time. unlawful detainer :: n. 1) keeping possession of real property without ... Thirty-day notice three-day notice 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 - MM. O. :: n. slang for modus operandi, the way or pattern in ... her crime. See also: modus operandimagistrate :: n. 1) a generic term for any judge of a court, or ... ce of the peace preliminary hearing Magna Carta :: n. Latin for "Great Charter," it was a document de ... s. It is also spelled Magna Charta. mail box rule :: n. in contract law, making a written offer or acce ... nse in hand when the time runs out. maim :: v. to inflict a serious bodily injury, including m ... to a prison term. See also: mayhem majority :: n. 1) the age when a person can exercise all norma ... t. See also: child infancy minority make :: v. 1) to create something. 2) to sign a check, pro ... xchange check maker promissory note make one whole :: v. to pay or award damages sufficient to put the p ... fault of another. See also: damages maker :: n. 1) the person who signs a check or promissory n ... : check payee payor promissory note malfeasance :: n. intentionally doing something either legally or ... sponsibility. See also: misfeasance malice :: n. a conscious, intentional wrongdoing either of a ... cution murder public figure slander malice aforethought :: n. 1) the conscious intent to cause death or great ... : first degree murder malice murder malicious prosecution :: n. filing a lawsuit with the intention of creating ... vor of the victim. See also: malice 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 malum prohibitum :: (mal-uhm prohibit-uhm) adj. Latin meaning "wrong d ... lso: malum in se white collar crime 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 mandatory :: adj., adv. absolutely demanded or required. ... v. absolutely demanded or required. mandatory joinder :: n. the required inclusion of a party in a lawsuit ... sues in the case. See also: joinder |