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Dictionary of Law |
no contest :: legal definitionNo contest - n. in criminal law, a defendant's plea in court that he/she will not contest the charge of a particular crime, also called nolo contendere. While technically not an admission of guilt for commission of the crime, the judge will treat a plea of "no contest" as such an admission and proceed to find the defendant guilty as charged. A "no contest" plea is often made in cases in which there is also a possible lawsuit for damages by a person injured by the criminal conduct (such as reckless driving, assault with a deadly weapon, aggravated assault), because it cannot be used in the civil lawsuit as an admission of fault. "No contest" is also used where there has been a "plea bargain" in which the defendant does not want to say he/she is guilty but accepts the sentence recommended by the prosecutor in exchange for not contesting the charge (which is often reduced to a lesser crime). It is standard practice for the judge to ask either the attorneys or the defendant, "Is there a factual basis for the plea?" before accepting it and finding the defendant guilty. See also: nolo contendere plea plea bargain and Related Law Terms ↓ Related Law Termsalternative pleading :: n. a legal fiction in which a party to a lawsuit o ... t the defendant committed the act).arrest :: v. 1) to take or hold a suspected criminal with le ... anda warning probable cause warrant attempt :: v. and n. to actually try to commit a crime and ha ... felt he tried but did not succeed. bail :: 1) n. the money or bond put up to secure the relea ... bond bail bondsman own recognizance 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 capital offense :: n. any criminal charge which is punishable by the ... . See also: bail capital punishment charge :: n. 1) in a criminal case, the specific statement o ... trial judge. 3) a fee for services. civil :: adj. 1) that part of the law that encompasses busi ... also: civil liberties civil rights commutation :: n. the act of reducing a criminal sentence resulti ... See also: executive clemency pardon comparative negligence :: n. a rule of law applied in accident cases to dete ... utory negligence damages negligence 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 cop a plea :: n. slang for a "plea bargain" in which an accused ... omes final). See also: plea bargain count :: n. each separate statement in a complaint which st ... also: cause of action common counts 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 defense attorney :: n. 1) the attorney representing the defendant in a ... lso: defendant plaintiff's attorney diminished capacity :: n. essentially a psychological term which has foun ... See also: insanity M'Naughten rule dismiss :: v. the ruling by a judge that all or a portion (on ... nst that party. See also: dismissal dismissal :: n. 1) the act of voluntarily terminating a crimina ... f the settlement. See also: dismiss diversion :: n. in criminal procedure, a system for giving a ch ... second offense. See also: probation double jeopardy :: n. placing someone on trial a second time for an o ... that occurred thirty years earlier. examination :: n. 1) the questioning of a witness by an attorney. ... irect examination testimony witness excessive bail :: n. an amount of bail ordered posted by an accused ... ppeal for reduction. See also: bail extradition :: n. the surrender by one state or country of a pers ... ty. See also: fugitive from justice felony murder doctrine :: n. a rule of criminal statutes that any death whic ... arged with murder. See also: murder frivolous :: adj. referring to a legal move in a lawsuit clearl ... ing the courts to resolve disputes. general denial :: n. a statement in an answer to a lawsuit or claim ... anguage. See also: answer complaint Grand Jury :: n. a jury in each county or federal court district ... arge indictment preliminary hearing guilty :: adj. having been convicted of a crime or having ad ... on of guilt cop a plea plea bargain hearsay rule :: n. the basic rule that testimony or documents whic ... interest dying declaration hearsay implied covenant of good faith and fair dealing :: n. a general assumption of the law of contracts, t ... -long employment. See also: implied 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 innocent :: adj. without guilt (not guilty). Usually the plea ... also: arraignment plea plea bargain 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 intoxication :: n. 1) the condition of being drunk as the result o ... r. See also: vehicular manslaughter 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 joinder :: n. the joining together of several lawsuits or sev ... er misjoinder multiplicity of suits 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 lesser-included offense :: n. in criminal law, a crime which is proved by the ... g jail time. See also: plea bargain liability :: n. one of the most significant words in the field ... bility joint tortfeasors negligence magistrate :: n. 1) a generic term for any judge of a court, or ... ce of the peace preliminary hearing malicious prosecution :: n. filing a lawsuit with the intention of creating ... vor of the victim. See also: malice manslaughter :: n. the unlawful killing of another person without ... laughter. See also: homicide murder Miranda warning :: n. the requirement, also called the Miranda rule, ... me such a suspect? See also: rights M'Naughten rule :: n. a traditional "right and wrong" test of legal i ... temporary insanity Twinkie defense modus operandi :: (mode-us ah-purr-and-ee or ah-purr-and-eye) n. fro ... es to disguise a fraudulent scheme. motion for dismissal :: (non-suit) n. application by a defendant in a laws ... otion for nonsuit. See also: motion negligence :: n. failure to exercise the care toward others whic ... gence per se res ipsa loquitur tort no fault insurance :: n: a type of automobile insurance required of car ... ling lawsuits. See also: negligence nolo contendere :: (no-low kahn-ten-durr-ray) n. Latin for "I will no ... f no contest." See also: no contest 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 objection :: n. a lawyer's protest about the legal propriety of ... ng question object overrule sustain open court :: n. the conduct of judicial proceedings (trials, he ... which are usually held in chambers. own recognizance :: (O.R.) n. the basis for a judge allowing a person ... n recognizance. See also: bail O.R. 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 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 plead :: v. 1) in civil lawsuits and petitions, to file any ... al conduct. See also: plea pleading preliminary hearing :: n. in criminal law, a hearing to determine if a pe ... nment charge Grand Jury information principal :: n. 1) main person in a business. 2) employer, the ... ry agency agent respondeat superior process :: n. in law, the legal means by which a person is re ... service of process subpena summons 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 reasonable doubt :: n. not being sure of a criminal defendant's guilt ... also: preponderance of the evidence release on one's own recognizance :: v. for a judge to allow a criminal defendant pre-t ... ourtroom slang. See also: bail O.R. roadside test :: n. a preliminary test law enforcement officers use ... g while intoxicated Miranda warning sedition :: n. the federal crime of advocacy of insurrection a ... e rare. See also: espionage treason 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 by publication :: n. serving a summons or other legal document in a ... perty. See also: service of process specific finding :: n. a decision on a fact made by a jury in its verd ... so forth. See also: special verdict suspended sentence :: n. in criminal law, a penalty applied by a judge t ... may be enforced. See also: sentence sustain :: v. in trial practice, for a judge to agree that an ... /she will "overrule" the objection. 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 tort :: n. from French for "wrong," a civil wrong or wrong ... nce slander trespass wrongful death trial :: n. the examination of facts and law presided over ... at a hearing held at a later time. variance :: n. 1) an exception to a zoning ordinance, authoriz ... process." See also: dismissal proof vehicular manslaughter :: n. the crime of causing the death of a human being ... gence manslaughter reckless driving venue :: n. 1) the proper or most convenient location for t ... ion. See also: forum non conveniens vexatious litigation :: n. filing a lawsuit with the knowledge that it has ... lous malicious prosecution sanction void for vagueness :: adj. referring to a statute defining a crime which ... o the states by the 14th Amendment. wet reckless :: n. a plea to a charge of reckless driving which wa ... conviction. See also: plea bargain withdrawal :: n. 1) in criminal law, leaving a conspiracy to com ... count. See also: check renunciation 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. |