Dictionary of Law
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moral certainty :: legal definition


Moral certainty - n. in a criminal trial, the reasonable belief (but falling short of absolute certainty) of the trier of the fact (jury or judge sitting without a jury) that the evidence shows the defendant is guilty. Moral certainty is another way of saying "beyond a reasonable doubt." Since there is no exact measure of certainty it is always somewhat subjective and based on "reasonable" opinions of judge and/or jury.

See also: beyond a reasonable doubt verdict and Related Law Terms ↓


Related Law Terms

abuse of discretion :: n. a polite way of saying a trial judge has made s ... partner's realistic ability to pay.
acquit :: v. what a jury or judge sitting without a jury doe ... ndant not guilty. See also: verdict
admissible evidence :: n. evidence which the trial judge finds is useful ... olving violence. See also: evidence
beyond a reasonable doubt :: adj. part of jury instructions in all criminal tri ... on moral certainty reasonable doubt
brief :: 1) n. a written legal argument, usually in a forma ... another person. See also: precedent
directed verdict :: n. a verdict by a jury based on the specific direc ... element judgment jury trial verdict
fact finder (finder of fact) :: n. in a trial of a lawsuit or criminal prosecution ... n facts. See also: question of fact
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
hearing :: n. any proceeding before a judge or other magistra ... e hearing preliminary hearing trial
impaneling :: n. the act of selecting a jury from the list of po ... e juror jury panel venire voir dire
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
judgment notwithstanding the verdict :: (N.O.V.) n. reversal of a jury's verdict by the tr ... veredicto. See also: N.O.V. verdict
jury :: n. one of the remarkable innovations of the Englis ... hallenge sequester venire voir dire
mistrial :: n. the termination of a trial before its normal co ... from the beginning. See also: trial
motion for a new trial :: n. a request made by the loser for the case to be ... hstanding the verdict motion N.O.V.
motion to strike :: n. a request for a judge's order to eliminate all ... be unrung." See also: motion strike
N.O.V. :: adj. shorthand acronym of Latin for non obstante v ... notwithstanding the verdict verdic
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
preliminary hearing :: n. in criminal law, a hearing to determine if a pe ... nment charge Grand Jury information
proof :: n. confirmation of a fact by evidence. In a trial, ... doubt preponderance of the evidence
reasonable doubt :: n. not being sure of a criminal defendant's guilt ... also: preponderance of the evidence
sealed verdict :: n. the decision of a jury when there is a delay in ... reconvenes. See also: jury verdict
sentence :: 1) n. the punishment given to a person convicted o ... ence restitution suspended sentence
specific finding :: n. a decision on a fact made by a jury in its verd ... so forth. See also: special verdict
strike :: 1) v. to remove a statement from the record of the ... ing the business, factory or store.
trial :: n. the examination of facts and law presided over ... at a hearing held at a later time.
trier of fact :: n. the judge or jury responsible for deciding fact ... r referee may be the trier of fact.
verdict :: n. the decision of a jury after a trial, which mus ... nt quotient verdict special verdict
voir dire :: (vwahr [with a near-silent "r"] deer) n. from Fren ... t witness jury peremptory challenge
witness stand :: n. a chair at the end of the judge's bench on the ... estimony clearly. See also: witness

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 - M

M. O. :: n. slang for modus operandi, the way or pattern in ... her crime. See also: modus operandi
magistrate :: 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