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Dictionary of Law |
not guilty by reason of insanity :: legal definitionNot guilty by reason of insanity - n. plea in court of a person charged with a crime who admits the criminal act, but whose attorney claims he/she was so mentally disturbed at the time of the crime that he/she lacked the capacity to have intended to commit a crime. Such a plea requires that the court set a trial on the issue of insanity alone either by a judge sitting without a jury or by a jury. A finding of insanity will result in a verdict of "not guilty," but, if the condition still exists, it may result in incarceration in a mental facility for the criminally insane or confinement in a mental hospital. If the insanity no longer exists (temporary insanity), the judge has the option to require some psychological therapy, but the treatment varies from state to state. This is not the same as insane at time of trial and thus incompetent to stand trial, which will postpone trial (in all likelihood forever) pending recovery while the defendant is confined to a mental facility. See also: incompetent insanity insanity defense not guilty temporary insanity and Related Law Terms ↓ Related Law Termsabuse of discretion :: n. a polite way of saying a trial judge has made s ... partner's realistic ability to pay.actionable :: adj. when enough facts or circumstances exist to m ... ction lawsuit malicious prosecution administrator :: n. the person appointed by the court to handle the ... e also: administer executor probate alimony :: n. support paid by one ex-spouse to the other as o ... ild support divorce spousal support appeal :: 1) v. to ask a higher court to reverse the decisio ... ng, as in "he has filed an appeal." arbitration :: n. a mini-trial, which may be for a lawsuit ready ... tance of the arbitrator's decision. 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 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. bail :: 1) n. the money or bond put up to secure the relea ... bond bail bondsman own recognizance bifurcate :: v. the order or ruling of a judge that one issue i ... is necessary. See also: bifurcation 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 calendar :: 1) n. the list of cases to be called for trial bef ... clerk of the court calendars cases. charge :: n. 1) in a criminal case, the specific statement o ... trial judge. 3) a fee for services. circuit courts :: n. a movable court in which the judge holds court ... alled the Circuit Courts of Appeal. civil :: adj. 1) that part of the law that encompasses busi ... also: civil liberties civil rights clerk :: n. 1) an official or employee who handles the busi ... stocking shelves, or counter sales. commitment :: n. a judge's order sending someone to jail or pris ... prisoner or patient to such places. competent :: adj. 1) in general, able to act in the circumstanc ... all bases. See also: evidence will conclusion :: n. 1) in general, the end. 2) in a trial, when all ... onclusion of fact conclusion of law conclusion of law :: n. a judge's final decision on a question of law w ... aw if requested. See also: judgment concurrent sentences :: n. sentences for more than one crime which are to ... ith the longest period controlling. constitutional rights :: n. rights given or reserved to the people by the U ... e also: Bill of Rights constitution contempt of court :: n. there are essentially two types of contempt: a) ... roduce evidence. See also: sanction contract :: 1) n. an agreement with specific terms between two ... n oral contract unilateral contract cop a plea :: n. slang for a "plea bargain" in which an accused ... omes final). See also: plea bargain court :: n. 1) the judge, as in "The court rules in favor o ... cost and wait of full court trials. court-martial :: 1) n. a military court for trying offenses in viol ... the U.S. Court of Military Appeals. criminal calendar :: n. the list of criminal cases to be called in cour ... e plea preliminary hearing sentence day in court :: n. popular term for everyone's opportunity to brin ... rt to protest his speeding ticket." deposition :: n. the taking and recording of testimony of a witn ... See also: deponent depose discovery 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 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 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 ex parte :: (ex par-tay, but popularly, ex party) adj. Latin m ... and place of any ex parte hearing. 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 execute :: v. 1) to finish, complete or perform as required, ... ishment contract executed execution felony murder doctrine :: n. a rule of criminal statutes that any death whic ... arged with murder. See also: murder 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 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 guilty :: adj. having been convicted of a crime or having ad ... on of guilt cop a plea plea bargain 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 incompetency :: n. the condition of lacking the ability to handle ... and/or represented by an attorney. incompetent evidence :: n. testimony, documents or things which one side a ... ns. See also: incompetent objection 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 insanity :: n. mental illness of such a severe nature that a p ... M'Naughten rule temporary insanity interrogatories :: n. a set of written questions to a party to a laws ... ing. See also: deposition discovery 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 judge :: 1) n. an official with the authority and responsib ... ice justice of the peace magistrate 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 lesser-included offense :: n. in criminal law, a crime which is proved by the ... g jail time. See also: plea bargain 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 mandate :: n. 1) any mandatory order or requirement under sta ... See also: mandamus writ of mandate Miranda warning :: n. the requirement, also called the Miranda rule, ... me such a suspect? See also: rights 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 for a new trial :: n. a request made by the loser for the case to be ... hstanding the verdict motion N.O.V. municipal court :: n. a lower court which usually tries criminal misd ... nd/or small claims. See also: court nisi prius :: : (nee-see pree-us) adj. Latin for "unless first," ... : original jurisdiction trial court 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 objection :: n. a lawyer's protest about the legal propriety of ... ng question object overrule sustain officer of the court :: n. any person who has an obligation to promote jus ... also: attorney bailiff clerk judge open court :: n. the conduct of judicial proceedings (trials, he ... which are usually held in chambers. opinion :: n. the explanation of a court's judgment. When a t ... which the author is not specified. 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 overrule :: v. 1) to reject an attorney's objection to a quest ... : appellate court objection sustain 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. perjury :: n. the crime of intentionally lying after being du ... ly made a mistake or misunderstood. plain error :: n. a mistake by the trial court found by a court o ... ire reversal of the trial decision. 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 presiding judge :: n. 1) in both state and federal appeals court, the ... and chairs meetings of the judges. principal :: n. 1) main person in a business. 2) employer, the ... ry agency agent respondeat superior pro hac vice :: : (proh hock vee-chay) prep. Latin for "this time ... association with a local attorney. 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 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 quasi-criminal :: adj. a reference to a court's right to punish for ... defendant. See also: criminal quasi 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 reply brief :: n. the written legal argument of the respondent (t ... ee also: appeal appellee respondent respondent :: n. 1) the party who is required to answer a petiti ... "appellant") in the appeals court. resulting trust :: n. a trust implied by law (as determined by a cour ... See also: constructive trust trust retroactive :: adj. referring to a court's decision or a statute ... ospective." See also: ex post facto 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 rogatory letters :: n. a written request by a judge to a judge in anot ... also: deposition testimony witness sanction :: n. 1) a financial penalty imposed by a judge on a ... ction." See also: contempt of court sentence :: 1) n. the punishment given to a person convicted o ... ence restitution suspended sentence settlement :: n. the resolution of a lawsuit (or of a legal disp ... ult in settlement. See also: settle shortening time :: n. an order of the court in response to the motion ... e notice is served within 24 hours. small claims court :: n. a division of most municipal, city or other low ... od example of a small claims court. speedy trial :: n. in criminal prosecutions, the right of a defend ... hurt by the waiver. See also: trial stare decisis :: : (stah-ree duh-sigh-sis) n. Latin for "to stand b ... pellate court lower court precedent status conference :: n. a pre-trial meeting of attorneys before a judge ... g a trial date. See also: discovery summons :: n. a document issued by the court at the time a la ... use service service of process writ sustain :: v. in trial practice, for a judge to agree that an ... /she will "overrule" the objection. 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 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." tort :: n. from French for "wrong," a civil wrong or wrong ... nce slander trespass wrongful death 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. trial court :: n. the court which holds the original trial, as di ... a court of appeals. See also: trial trial de novo :: n. a form of appeal in which the appeals court hol ... from small claims court judgments. trust :: n. an entity created to hold assets for the benefi ... testamentary trust trustee trustor 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 warrant :: 1) n. an order (writ) of a court which directs a l ... e search and seizure search warrant 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 writ of coram nobis :: : (writ of core-uhm noh-bis) n. from Latin for "in ... ment if known at the time of trial. youthful offenders :: n. under-age people accused of crimes who are proc ... alty. See also: juvenile delinquent 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. |