Dictionary of Law
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prosecute :: legal definition


Prosecute - 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 Terms

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.
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 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 - P

paid into court :: adj. referring to money deposited with the clerk o ... differences. See also: interpleader
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
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.