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Dictionary of Law |
attempt :: legal definitionAttempt - v. and n. to actually try to commit a crime and have the ability to do so. This means more than just thinking about doing a criminal act or planning it without overt action. It also requires the opportunity and ability. Attempts can include attempted murder, attempted robbery, attempted rape, attempted forgery, attempted arson, and a host of other crimes. The person accused cannot attempt to commit murder with an unloaded gun or attempt rape over the telephone. The attempt becomes a crime in itself, and usually means one really tried to commit the crime, but failed through no fault of himself or herself. Example: if a husband laces his wife's cocktail with cyanide, it is no defense that by chance the intended victim decided not to drink the deadly potion. One defendant claimed he could not attempt rape in an old Model A coupe because it was too cramped to make the act possible. The court threw out this defense. Sometimes a criminal defendant is accused of both the crime (e.g. robbery) and the attempt in case the jury felt he tried but did not succeed. Related Law TermsAmerican Civil Liberties Union :: n. a membership organization founded in 1920 to de ... rk, NY 10036; tel.: (212) 944-9800.answer :: n. in law, a written pleading filed by a defendant ... emurrer general denial verification antitrust laws :: n. acts adopted by Congress to outlaw or restrict ... so: price fixing restraint of trade 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 back-to-back life sentences :: n. slang for consecutive life terms imposed by a j ... ther 25 years for a parole hearing. bail :: 1) n. the money or bond put up to secure the relea ... bond bail bondsman own recognizance Bill of Rights :: n. the first ten amendments to the federal Constit ... ved to the states or to the people. 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 civil :: adj. 1) that part of the law that encompasses busi ... also: civil liberties civil rights complaint :: n. the first document filed with the court (actual ... g prayer service of process summons confess :: v. in criminal law, to voluntarily state that one ... Miranda warning self-incrimination court :: n. 1) the judge, as in "The court rules in favor o ... cost and wait of full court trials. crime of passion :: n. a defendant's excuse for committing a crime due ... dant. See also: manslaughter murder criminal calendar :: n. the list of criminal cases to be called in cour ... e plea preliminary hearing sentence cross-complaint :: n. after a complaint has been filed against a defe ... g prayer service of process summons damages :: n. the amount of money which a plaintiff (the pers ... liquidated damages special damages decriminalization :: n. the repeal or amendment of statutes which made ... gh clinics and other legal sources. defense attorney :: n. 1) the attorney representing the defendant in a ... lso: defendant plaintiff's attorney diminished capacity :: n. essentially a psychological term which has foun ... See also: insanity M'Naughten rule 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. entrapment :: n. in criminal law, the act of law enforcement off ... e drugs if not pressed by the narc? ex post facto :: adj. Latin for "after the fact," which refers to l ... ted before the new law was adopted. extradition :: n. the surrender by one state or country of a pers ... ty. See also: fugitive from justice false arrest :: n. physically detaining someone without the legal ... sment. See also: false imprisonment felony murder doctrine :: n. a rule of criminal statutes that any death whic ... arged with murder. See also: murder Grand Jury :: n. a jury in each county or federal court district ... arge indictment preliminary hearing in propria persona :: adj. from Latin "for one's self," acting on one's ... client and an ass for an attorney." 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 intoxication :: n. 1) the condition of being drunk as the result o ... r. See also: vehicular manslaughter jeopardy :: n. peril, particularly danger of being charged wit ... ar Evers. See also: double jeopardy judgment creditor :: n. the winning plaintiff in a lawsuit to whom the ... 's rights judgment prevailing party jump bail :: v. to fail to appear for a court appearance after ... also: bail bail bond bail bondsman jury :: n. one of the remarkable innovations of the Englis ... hallenge sequester venire voir dire juvenile court :: n. a special court or department of a trial court ... See also: court juvenile delinquent last clear chance :: n. a rule of law in determining responsibility for ... contributory negligence negligence leading question :: n. a question asked of a witness by an attorney du ... e also: cross-examination objection liability :: n. one of the most significant words in the field ... bility joint tortfeasors negligence life without possibility of parole :: n. a sentence sometimes given for particularly vic ... or may someday reduce the sentence. malice :: n. a conscious, intentional wrongdoing either of a ... cution murder public figure slander 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 maxims :: n. a collection of legal truisms which are used as ... e and the ordinary habits of life." Miranda warning :: n. the requirement, also called the Miranda rule, ... me such a suspect? See also: rights molestation :: n. the crime of sexual acts with children up to th ... of rape. See also: pedophilia rape moral turpitude :: n. gross violation of standards of moral conduct, ... r penalty for a criminal defendant. murder :: n. the killing of a human being by a sane person, ... premeditation second degree murder no contest :: n. in criminal law, a defendant's plea in court th ... : nolo contendere plea plea bargain 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 offender :: n. an accused defendant in a criminal case or one ... crime. See also: accused defendant own recognizance :: (O.R.) n. the basis for a judge allowing a person ... n recognizance. See also: bail O.R. peer :: n. an equal. A "jury of one's peers," to which cri ... eria. See also: jury of one's peers 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 preliminary hearing :: n. in criminal law, a hearing to determine if a pe ... nment charge Grand Jury information principal :: n. 1) main person in a business. 2) employer, the ... ry agency agent respondeat superior 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 prosecution :: n. 1) in criminal law, the government attorney cha ... se). See also: prosecute prosecutor prostitution :: n. the profession of performing sexual acts for mo ... so: pander panderer pimp prostitute proximate cause :: n. a happening which results in an event, particul ... also: intervening cause negligence release on one's own recognizance :: v. for a judge to allow a criminal defendant pre-t ... ourtroom slang. See also: bail O.R. search and seizure :: n. examination of a person's premises (residence, ... robable cause search search warrant sentence :: 1) n. the punishment given to a person convicted o ... ence restitution suspended sentence sodomy :: n. anal copulation by a man inserting his penis in ... tiality). See also: bestiality rape speedy trial :: n. in criminal prosecutions, the right of a defend ... hurt by the waiver. See also: trial stop and frisk :: n. a law enforcement officer's search for a weapon ... h search and seizure search warrant suicide :: n. the intentional killing of oneself. Ironically, ... e manslaughter second degree murder temporary insanity :: n. in a criminal prosecution, a defense by the acc ... diminished capacity insanity intent theft :: n. the generic term for all crimes in which a pers ... rglary embezzlement larceny robbery 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 void for vagueness :: adj. referring to a statute defining a crime which ... o the states by the 14th Amendment. 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 - Aa fortiori :: (ah-for-she-ory) prep. Latin for "with even strong ... rother Cain certainly is too young.a priori assumption :: (ah-pree-ory) n. from Latin, an assumption that is ... when the reality is not so certain. a.k.a. :: prep. abbreviation for "also known as" when someon ... nodgrass, a.k.a. "Snuffy the Snod." ab initio :: prep. lawyer Latin for "from the start," as "it wa ... tart," as "it was legal ab initio." abandon :: v. to intentionally and permanently give up, surre ... lso: abandoned property abandonment abandoned property :: n. property left behind (often by a tenant) intent ... -use. See also: abandon abandonment abandonment :: n. the act of intentionally and permanently giving ... : abandon abandoned property patent abate :: v. to do away with a problem, such as a public or ... ty septic tank. See also: abatement abatement :: n. 1) the removal of a problem which is against pu ... eneficiary in full. See also: abate abduction :: n. the criminal taking away of a person by persuas ... g of children. See also: kidnapping abet :: v. to help someone commit a crime, including helpi ... n the crime. See also: aid and abet abeyance :: 1) n. when the owner- ship of property has not bee ... 2) legal jargon for "undetermined." able-bodied :: adj. physically capable of working at a job or in ... of paying alimony or child support. abortion :: n. the termination of pregnancy by various means, ... ed abortion continue in the future. abrogate :: v. to annul or repeal a law or pass legislation th ... ons of a contract. See also: repeal abscond :: v. 1) traditionally to leave a jurisdiction (where ... as in "he absconded with the loot." absolute :: adj. complete, and without condition. ... j. complete, and without condition. abstention doctrine :: n. when the Supreme Court refuses to exercise its ... being appealed from a state court. abstract :: n. in general, a summary of a record or document, ... tract of judgment abstract of title abstract of judgment :: n. a written summary of a judgment which states ho ... aying the debt. See also: levy lien |