first degree murder :: legal definition
First degree murder - n. although it varies from state to state, it is generally a killing which is deliberate and premeditated (planned, after lying in wait, by poison or as part of a scheme), in conjunction with felonies such as rape, burglary, arson, or involving multiple deaths, the killing of certain types of people (such as a child, a police officer, a prison guard, a fellow prisoner), or certain weapons, particularly a gun. The specific criteria for first degree murder, are established by statute in each state and by the U.S. Code in federal prosecutions. It is distinguished from second degree murder in which premeditation is usually absent, and from manslaughter, which lacks premeditation and suggests that at most there was intent to harm rather than to kill.
See also: felony murder doctrine manslaughter murder second degree murder and Related Law Terms ↓
Related Law Terms
capital offense :: n. any criminal charge which is punishable by the ... . See also: bail capital punishmentcomity :: n. when one court defers to the jurisdiction of an ... of cases to which comity may apply.
crime of passion :: n. a defendant's excuse for committing a crime due ... dant. See also: manslaughter murder
descent :: n. the rules of inheritance established by law in ... on inheritance intestate succession
disbar :: v. to remove an attorney from the list of practici ... legal ethics. (See moral turpitude
felony :: n. 1) a crime sufficiently serious to be punishabl ... ion. See also: misdemeanor sentence
felony murder doctrine :: n. a rule of criminal statutes that any death whic ... arged with murder. See also: murder
heat of passion :: n. in a criminal case, when the accused was in an ... oing. See also: manslaughter murder
homicide :: n. the killing of a human being due to the act or ... aughter murder self-defense suicide
jurisdiction :: n. the authority given by law to a court to try ca ... Superior Court Supreme Court venue
life without possibility of parole :: n. a sentence sometimes given for particularly vic ... or may someday reduce the sentence.
malice aforethought :: n. 1) the conscious intent to cause death or great ... : first degree murder malice murder
manslaughter :: n. the unlawful killing of another person without ... laughter. See also: homicide murder
murder :: n. the killing of a human being by a sane person, ... premeditation second degree murder
partnership :: n. a business enterprise entered into for profit w ... partnership partner silent partner
premeditation :: n. planning, plotting or deliberating before doing ... e murder malice aforethought murder
second degree murder :: n. a non-premeditated killing, resulting from an a ... t degree murder manslaughter murder
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
sodomy :: n. anal copulation by a man inserting his penis in ... tiality). See also: bestiality rape
special circumstances :: n. in criminal cases, particularly homicides, acti ... urant. See also: capital punishment
suicide :: n. the intentional killing of oneself. Ironically, ... e manslaughter second degree murder
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 - F
face amount :: n. the original amount due on a promissory note or ... rein, without calculating interest.face value :: n. in shares of stock, the original cost of the st ... on the certificate, or "par value."
fact :: n. an actual thing or happening, which must be pro ... dge if he/she sits without a jury).
fact finder (finder of fact) :: n. in a trial of a lawsuit or criminal prosecution ... n facts. See also: question of fact
factor :: n. 1) a salesman who sells in his/her own name on ... ing that contributes to the result.
failure of consideration :: n. not delivering goods or services when promised ... n. See also: consideration contract
failure of issue :: n. when someone dies leaving no children or other ... ildren or other direct descendants.
fair comment :: n. a statement of opinion (no matter how ludicrous ... amation libel public figure slander
fair market value :: n. the amount for which property would sell on the ... so: appraise appraiser market value
fair trade laws :: n. state laws which permit manufacturers or produc ... state constitutions in many states.
fair use :: n. the non-competitive right to use of copyrighted ... for a royalty. See also: copyright
false arrest :: n. physically detaining someone without the legal ... sment. See also: false imprisonment
false imprisonment :: n. depriving someone of freedom of movement by hol ... for damages. See also: false arrest
false pretenses :: n. the crime of knowingly making untrue statements ... orm of theft. See also: fraud theft
family :: n. 1) husband, wife and children. 2) all blood rel ... ting this economic and social unit.
family purpose doctrine :: n. a rule of law that the registered owner of an a ... riving his/her car with permission.
federal courts :: n. the court system which handles civil and crimin ... rans' appeals. See also: bankruptcy
federal question :: n. one basis for filing a lawsuit in federal distr ... ves the federal court jurisdiction.
Federal Tort Claims Act :: n. a statute (1948) which removed the power of the ... diction to federal district courts.
fee :: n. 1) absolute title in land, from old French, fie ... See also: attorney's fee fee simple