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Dictionary of Law |
prosecute :: legal definitionProsecute - v. 1) in criminal law, to charge a person with a crime and thereafter pursue the case through trial on behalf of the government. This is normally the function of the District Attorney (called States Attorney or city prosecutor in some places) and the U.S. Attorney in federal criminal cases. A state Attorney General may prosecute in crimes of statewide importance, and the U.S. Attorney General, through the Solicitor General, may prosecute for crimes involving matters of national significance. 2) to conduct any legal action by a lawyer on behalf of a client, including both civil and criminal cases, but most commonly referring to prosecution for crimes. See also: Attorney General prosecution prosecutor and Related Law Terms ↓ Related Law Termsactionable :: adj. when enough facts or circumstances exist to m ... ction lawsuit malicious prosecutionadjuster :: n. an employee (usually a non-lawyer) of an insura ... e company in approving settlements. administrator :: n. the person appointed by the court to handle the ... e also: administer executor probate appeal :: 1) v. to ask a higher court to reverse the decisio ... ng, as in "he has filed an appeal." appearance :: n. the act of a party or an attorney showing up in ... neral appearance special appearance arbitrator :: n. one who conducts an arbitration, and serves as ... he other two. See also: arbitration attempt :: v. and n. to actually try to commit a crime and ha ... felt he tried but did not succeed. attorney :: n. 1) an agent or someone authorized to act for an ... ialize. See also: court reciprocity Attorney General :: n. in each state and the federal government the hi ... izenry. See also: Solicitor General attorney of record :: n. the attorney who has appeared in court and/or s ... eve have long since been completed. attorney's work product :: n. written materials, charts, notes of conversatio ... ivileged communication work product bar examination :: n. the examination given in each state by either t ... n that district. See also: attorney 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 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 caption :: n. the first section of any written legal pleading ... to the exact format of the caption. case of first impression :: n. a case in which a question of interpretation of ... rts may be examined as a guideline. character witness :: n. a person who testifies in a trial on behalf of ... ases and civil cases such as fraud. 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 citation :: n. 1) a notice to appear in court due to the proba ... se is not in point." See also: cite civil :: adj. 1) that part of the law that encompasses busi ... also: civil liberties civil rights comity :: n. when one court defers to the jurisdiction of an ... of cases to which comity may apply. 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 complaint :: n. the first document filed with the court (actual ... g prayer service of process summons 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 contingent fee :: n. a fee to a lawyer which will be due and payable ... epend on the outcome are unethical. corporation :: n. an organization formed with state governmental ... ation public corporation securities count :: n. each separate statement in a complaint which st ... also: cause of action common counts 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. criminal attorney :: n. a popular term for an attorney who specializes ... . See also: crime felon misdemeanor criminal calendar :: n. the list of criminal cases to be called in cour ... e plea preliminary hearing sentence damages :: n. the amount of money which a plaintiff (the pers ... liquidated damages special damages defense attorney :: n. 1) the attorney representing the defendant in a ... lso: defendant plaintiff's attorney disbar :: v. to remove an attorney from the list of practici ... legal ethics. (See moral turpitude District Attorney (D.A.) :: n. an elected official of a county or a designated ... dent and serve at his/her pleasure. diversion :: n. in criminal procedure, a system for giving a ch ... second offense. See also: probation extradition :: n. the surrender by one state or country of a pers ... ty. See also: fugitive from justice felony :: n. 1) a crime sufficiently serious to be punishabl ... ion. See also: misdemeanor sentence file :: 1) v. to deposit with the clerk of the court a wri ... rrespondence and notes on the case. fugitive from justice :: n. a person convicted or accused of a crime who hi ... extradition. See also: extradition general appearance :: n. an attorney's representation of a client in cou ... case. See also: special appearance 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 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 insufficient evidence :: n. a finding (decision) by a trial judge or an app ... l court. See also: evidence finding intoxication :: n. 1) the condition of being drunk as the result o ... r. See also: vehicular manslaughter 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 juvenile delinquent :: n. a person who is under age (usually below 18), w ... low as 14. See also: juvenile court law book :: n. any of numerous volumes dealing with law, inclu ... : common law law Shepardize statute 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 malpractice :: n. An act or continuing conduct of a professional ... eed. See also: errors and omissions 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 nolle prosequi :: (no-lay pro-say-kwee) n. Latin for "we shall no lo ... nocent and declared nolle prosequi. 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 partnership :: n. a business enterprise entered into for profit w ... partnership partner silent partner people :: n. the designation for the prosecuting government ... secutions, United States v. Miller. plea bargain :: n. in criminal procedure, a negotiation between th ... the ban. See also: cop a plea plea possession of stolen goods :: n. the crime of possession of goods which one know ... e legal owner. See also: possession prima facie :: : (pry-mah fay-shah) adj. Latin for "at first look ... t" case. See also: prima facie case 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 privileges and immunities :: n. the fundamental rights that people enjoy in fre ... t impinge on constitutional rights. proof :: n. confirmation of a fact by evidence. In a trial, ... doubt preponderance of the evidence 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 prostitution :: n. the profession of performing sexual acts for mo ... so: pander panderer pimp prostitute public defender :: n. an elected or appointed public official (usuall ... to convicted indigents for appeals. rape :: 1) n. the crime of sexual intercourse (with actual ... See also: date rape statutory rape regulations :: n. rules and administrative codes issued by govern ... es usually have similar procedures. release on one's own recognizance :: v. for a judge to allow a criminal defendant pre-t ... ourtroom slang. See also: bail O.R. 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 Solicitor General :: n. the chief trial attorney in the federal Departm ... Attorney General in the Department. speaking demurrer :: n. an attempt to introduce evidence during a heari ... the operation." See also: demurrer 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. statute of limitations :: n. a law which sets the maximum period which one c ... ies. See also: demurrer laches toll supra :: (sooh-prah) Latin for "above," in legal briefs and ... d as Guinn v. United States, supra. temporary insanity :: n. in a criminal prosecution, a defense by the acc ... diminished capacity insanity intent title :: n. 1) ownership of real property or personal prope ... ink slip real property title search 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 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 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 - Ppaid into court :: adj. referring to money deposited with the clerk o ... differences. See also: interpleaderpain 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 pander :: 1) v. to solicit customers for a prostitute. 2) n. ... ons or favors. See also: prostitute panderer :: n. 1) a person who panders or solicits for a prost ... special interests. See also: pander panel :: n. the list of people selected to appear for jury ... or jury duty. See also: jury venire paper hanger :: n. slang for a person who criminally writes and ca ... ey in them. See also: forgery fraud par :: n. 1) an equal level. 2) the face value of a stock ... common stock preferred stock stock paralegal :: n. a non-lawyer who performs routine tasks requiri ... h less than that for the attorneys. paramount title :: n. a right to real property which prevails over an ... n's claim of title. See also: title parcel :: n. a defined piece of real estate, usually resulti ... See also: real estate real property pardon :: 1) v. to use the executive power of a Governor or ... also: amnesty commutation reprieve parens patriae :: (paa-rens pat-tree-eye) n. Latin for "father of hi ... pport custody divorce guardian ward parent :: n. the lawful and natural father or mother of a pe ... natural parent. See also: adoption parental neglect :: n. a crime consisting of acts or omissions of a pa ... usive or sexually predatory person. pari delicto :: adj. equal fault. See also: in pari delicto ... al fault. See also: in pari delicto parish :: n. 1) a geographic area served by a church (partic ... overnmental equivalent of a county. parody :: n. the humorous use of an existing song, play, or ... l significance. See also: copyright parol :: adj. oral. See also: parol evidence rule ... oral. See also: parol evidence rule parol evidence rule :: n. if there is evidence in writing (such as a sign ... or contradict the written document. |