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Dictionary of Law |
Founded: 268 defendant :: n. 1) the party sued in a civil lawsuit or the par ... nt. See also: codefendant plaintiff fictitious defendants :: n. when a party suing (plaintiff) is not sure if h ... are not permitted in federal cases. codefendant :: n. when more than one person or entity is sued in ... party sued is called a codefendant. McNabb-Mallory rule :: n. a federal rule of evidence in criminal trials t ... present. See also: Miranda warning Miranda warning :: n. the requirement, also called the Miranda rule, ... me such a suspect? See also: rights nolle prosequi :: (no-lay pro-say-kwee) n. Latin for "we shall no lo ... nocent and declared nolle prosequi. acquit :: v. what a jury or judge sitting without a jury doe ... ndant not guilty. See also: verdict jump bail :: v. to fail to appear for a court appearance after ... also: bail bail bond bail bondsman in absentia :: (in ab-sensh-ee-ah) adj. or adv. phrase. Latin for ... tin Bormann, Hitler's closest aide. innocent :: adj. without guilt (not guilty). Usually the plea ... also: arraignment plea plea bargain insanity :: n. mental illness of such a severe nature that a p ... M'Naughten rule temporary insanity not guilty :: n. 1) plea of a person who claims not to have comm ... t guilty by reason of insanity plea heat of passion :: n. in a criminal case, when the accused was in an ... oing. See also: manslaughter murder offender :: n. an accused defendant in a criminal case or one ... crime. See also: accused defendant star chamber proceedings :: n. any judicial or quasi-judicial action, trial or ... ate 1960s. See also: kangaroo court variance :: n. 1) an exception to a zoning ordinance, authoriz ... process." See also: dismissal proof youthful offenders :: n. under-age people accused of crimes who are proc ... alty. See also: juvenile delinquent accused :: n. a person charged with a crime. ... n. a person charged with a crime. speedy trial :: n. in criminal prosecutions, the right of a defend ... hurt by the waiver. See also: trial probative value :: n. evidence which is sufficiently useful to prove ... prior actions. See also: probative own recognizance :: (O.R.) n. the basis for a judge allowing a person ... n recognizance. See also: bail O.R. plea :: n. 1) in criminal law, the response by an accused ... raignment plead preliminary hearing police court :: n. in some states a type of municipal court which ... municipal court preliminary hearing presumption of innocence :: n. a fundamental protection for a person accused o ... yond a reasonable doubt presumption go bail :: v. slang for putting up the bail money to get an a ... arrest or pending trial or appeal. M'Naughten rule :: n. a traditional "right and wrong" test of legal i ... temporary insanity Twinkie defense Bill of Rights :: n. the first ten amendments to the federal Constit ... ved to the states or to the people. bill of particulars :: n. a written itemization of claims which a defenda ... the factual bases for the charges. burden of proof :: n. the requirement that the plaintiff (the party b ... ence prima facie weight of evidence cop a plea :: n. slang for a "plea bargain" in which an accused ... omes final). See also: plea bargain disjunctive allegations :: n. the attempt to claim in a civil lawsuit that on ... o: cause of action charge complaint bail bond :: n. a bond provided by an insurance company through ... urned. See also: bail bail bondsman attempt :: v. and n. to actually try to commit a crime and ha ... felt he tried but did not succeed. acquittal :: n. what an accused criminal defendant receives if ... se) of not guilty. See also: acquit admission of guilt :: n. a statement by someone accused of a crime that ... ssion guilty Miranda warning rights admission to bail :: n. an order of a court in a criminal case allowing ... lient. See also: bail bail bondsman admit :: v. 1) to state something is true in answering a co ... tted." See also: admission evidence excessive bail :: n. an amount of bail ordered posted by an accused ... ppeal for reduction. See also: bail bail :: 1) n. the money or bond put up to secure the relea ... bond bail bondsman own recognizance exculpatory :: adj. applied to evidence which may justify or excu ... t guilty or has no criminal intent. extradition :: n. the surrender by one state or country of a pers ... ty. See also: fugitive from justice negative pregnant :: n. a denial of an allegation in which a person act ... suse, just the amount and the date. motion to suppress :: n. a motion (usually on behalf of a criminal defen ... eshold." See also: motion in limine John Doe :: n. 1) a fictitious name used for a possible male d ... lso: fictitious defendants Jane Doe motion for dismissal :: (non-suit) n. application by a defendant in a laws ... otion for nonsuit. See also: motion intoxication :: n. 1) the condition of being drunk as the result o ... r. See also: vehicular manslaughter moral turpitude :: n. gross violation of standards of moral conduct, ... r penalty for a criminal defendant. in personam :: adj. (in purr-soh-nam) from Latin for "directed to ... here. See also: in rem jurisdiction mental anguish :: n. mental suffering which includes fright, feeling ... See also: damages mental suffering in pari delicto :: adv. (in pah-ree dee-lick-toe) Latin for "in equal ... e proof is that both were involved. misjoinder :: n. the inclusion of parties (plaintiffs or defenda ... ent transactions. See also: joinder moral certainty :: n. in a criminal trial, the reasonable belief (but ... : beyond a reasonable doubt verdict joinder :: n. the joining together of several lawsuits or sev ... er misjoinder multiplicity of suits negligence :: n. failure to exercise the care toward others whic ... gence per se res ipsa loquitur tort on or about :: prep. a phrase referring to a date or place used i ... reets:." See also: charge complaint notice :: n. 1) information, usually in writing in all legal ... Thirty-day notice three-day notice open court :: n. the conduct of judicial proceedings (trials, he ... which are usually held in chambers. opening statement :: n. the explanation by the attorneys for both sides ... rgument. See also: closing argument out-of-pocket expenses :: n. moneys paid directly for necessary items by a c ... amages beyond normal wear and tear. order :: 1) n. every direction or mandate of a judge or a c ... defendant. See also: judge judgment not guilty by reason of insanity :: n. plea in court of a person charged with a crime ... fense not guilty temporary insanity non-suit :: n. a ruling by the judge in a lawsuit either when ... the defendant. See also: dismissal no contest :: n. in criminal law, a defendant's plea in court th ... : nolo contendere plea plea bargain new matter :: n. newly claimed facts or legal issues raised (bro ... ee also: affirmative defense answer jeopardy :: n. peril, particularly danger of being charged wit ... ar Evers. See also: double jeopardy nolo contendere :: (no-low kahn-ten-durr-ray) n. Latin for "I will no ... f no contest." See also: no contest nominal party :: n. a defendant or a plaintiff included in a lawsui ... ed. See also: necessary party party malpractice :: n. An act or continuing conduct of a professional ... eed. See also: errors and omissions lower court :: n. 1) any court of lesser rank, such as municipal ... ruled Defendant had no basis for:." laches :: n. the legal doctrine that a legal right or claim ... , breach of contract, fraud, etc.). overt act :: n. in criminal law, an action which might be innoc ... terrorist bombing of that building. indictable offense :: n. a crime (offense) for which a Grand Jury rules ... o commit them. See also: indictment incompetent :: adj. 1) referring to a person who is not able to m ... n incompetency incompetent evidence last clear chance :: n. a rule of law in determining responsibility for ... contributory negligence negligence juvenile court :: n. a special court or department of a trial court ... See also: court juvenile delinquent judgment creditor :: n. the winning plaintiff in a lawsuit to whom the ... 's rights judgment prevailing party insanity defense :: n. the claim of a defendant in a criminal prosecut ... e also: insanity temporary insanity jury of one's peers :: n. a guaranteed right of criminal defendants, in w ... y African Americans. See also: jury information and belief :: n. a phrase often used in legal pleadings (complai ... nswer complaint declaration perjury information :: n. an accusation or criminal charge brought by the ... Jury indictment preliminary hearing indispensable party :: n. a person or entity which must be included in a ... tion to join Olivia as a defendant. judge :: 1) n. an official with the authority and responsib ... ice justice of the peace magistrate leading question :: n. a question asked of a witness by an attorney du ... e also: cross-examination objection litigant :: n. any party to a lawsuit. This means plaintiff, d ... ant, but not a witness or attorney. lis pendens :: (lease pen-dense) n. Latin for "a suit pending," a ... ob can be penalized by court order. long-arm statute :: n. law which gives a local state court jurisdictio ... rt jurisdiction over the defendant. loss of consortium :: n. the inability of one's spouse to have normal ma ... ation. See also: consortium damages judgment debtor :: n. the losing defendant in a lawsuit who owes the ... winner. See also: judgment creditor joinder of issue :: n. that point in a lawsuit when the defendant has ... matters are to be decided by trial. Jane Doe :: n. 1) a fictitious name used for a possible female ... lso: fictitious defendants John Doe legal aid society :: n. an organization formed to assist persons who ha ... bar association. See also: pro bono joint and several :: adj. referring to a debt or a judgment for neglige ... ution contributory negligence joint liability :: n. one of the most significant words in the field ... bility joint tortfeasors negligence lie detector test :: n. a popular name for a polygraph which tests the ... be referred to. See also: polygraph malicious prosecution :: n. filing a lawsuit with the intention of creating ... vor of the victim. See also: malice proximate cause :: n. a happening which results in an event, particul ... also: intervening cause negligence similarly situated :: adj. with the same problems and circumstances, ref ... class action multiplicity of suits shifting the burden of proof :: n. the result of the plaintiff in a lawsuit meetin ... o: burden of proof prima facie case sounds in :: adj. referring to the underlying legal basis for a ... ause of action sounds in contract." special damages :: n. damages claimed and/or awarded in a lawsuit whi ... . See also: damages general damages specific performance :: n. the right of a party to a contract to demand th ... artwork. See also: contract prayer specific finding :: n. a decision on a fact made by a jury in its verd ... so forth. See also: special verdict severance :: n. 1) a separating by court order, such as separat ... le a potential claim for discharge. settlement :: n. the resolution of a lawsuit (or of a legal disp ... ult in settlement. See also: settle sentence :: 1) n. the punishment given to a person convicted o ... ence restitution suspended sentence scienter :: n. Latin for "having knowledge." In criminal law, ... ents were lies and thus fraudulent. service by publication :: n. serving a summons or other legal document in a ... perty. See also: service of process service of process :: n. the delivery of copies of legal documents such ... by publication substituted service setoff :: (offset) n. a claim by a defendant in a lawsuit th ... ee also: affirmative defense offset speculative damages :: n. possible financial loss or expenses claimed by ... future customers. See also: damages statutory offer of settlement :: n. a written offer of a specific sum of money made ... ly awarded to the prevailing party. vexatious litigation :: n. filing a lawsuit with the knowledge that it has ... lous malicious prosecution sanction 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. willful :: adj. referring to acts which are intentional, cons ... r was willful." See also: willfully writ of attachment :: n. a court order directing a sheriff (or other law ... hat defendant. See also: attachment witness :: 1) n. a person who testifies under oath in a trial ... lso: deposition evidence trial will unclean hands :: n. a legal doctrine which is a defense to a compla ... ough. See also: affirmative defense Twinkie defense :: n. a claim by a criminal defendant that at the tim ... rder. See also: diminished capacity subornation of perjury :: n. the crime of encouraging, inducing or assisting ... itness's perjury. See also: perjury stay :: n. a court-ordered short-term delay in judicial pr ... r case. See also: stay of execution summons :: n. a document issued by the court at the time a la ... use service service of process writ suspended sentence :: n. in criminal law, a penalty applied by a judge t ... may be enforced. See also: sentence time served :: n. the period a criminal defendant has been in jai ... o the defendant. See also: sentence satisfaction of judgment :: n. a document signed by a judgment creditor (the p ... ord. See also: abstract of judgment sanction :: n. 1) a financial penalty imposed by a judge on a ... ction." See also: contempt of court plea bargain :: n. in criminal procedure, a negotiation between th ... the ban. See also: cop a plea plea plaintiff :: n. the party who initiates a lawsuit by filing a c ... lso: complaint defendant petitioner plead :: v. 1) in civil lawsuits and petitions, to file any ... al conduct. See also: plea pleading prayer :: n. the specific request for judgment, relief and/o ... ee also: complaint default judgment prior(s) :: n. slang for a criminal defendant's previous recor ... es for the third felony conviction. preliminary hearing :: n. in criminal law, a hearing to determine if a pe ... nment charge Grand Jury information pierce the corporate veil :: v. to prove that a corporation exists merely as a ... ling with it. See also: corporation physician-patient privilege :: n. the right and obligation of a physician to refu ... onfidential communication privilege party :: n. 1) one of the participants in a lawsuit or othe ... y real party in interest respondent partial verdict :: n. in a criminal trial, the result when the jury f ... re other charges. See also: verdict peer :: n. an equal. A "jury of one's peers," to which cri ... eria. See also: jury of one's peers peremptory challenge :: n. the right of the plaintiff and the defendant in ... challenge for cause jury voir dire perjury :: n. the crime of intentionally lying after being du ... ly made a mistake or misunderstood. process :: n. in law, the legal means by which a person is re ... service of process subpena summons product liability :: n. the responsibility of manufacturers, distributo ... e known. See also: warrant warranty release on one's own recognizance :: v. for a judge to allow a criminal defendant pre-t ... ourtroom slang. See also: bail O.R. recuse :: v. to refuse to be a judge (or for a judge to agre ... to the defendant. See also: recusal renunciation :: n. 1) giving up a right, such as a right of inheri ... renunciation is factually too late. respondent :: n. 1) the party who is required to answer a petiti ... "appellant") in the appeals court. restitution :: n. 1) returning to the proper owner property or th ... her a shorter sentence than normal. recoupment :: n. the right of a defendant in a lawsuit to demand ... ter, including outside the lawsuit. reasonable reliance :: n. particularly in contracts, what a prudent perso ... the following:." See also: contract in forma pauperis :: (in form-ah paw-purr-iss) adj. or adv. Latin for " ... poor defendants who have been sued. proof :: n. confirmation of a fact by evidence. In a trial, ... doubt preponderance of the evidence quasi-criminal :: adj. a reference to a court's right to punish for ... defendant. See also: criminal quasi quiet title action :: n. a lawsuit to establish a party's title to real ... opposition. See also: notice title reasonable doubt :: n. not being sure of a criminal defendant's guilt ... also: preponderance of the evidence parole :: n. 1) the release of a convicted criminal defendan ... sed he will not take up arms again. defense :: n. 1) a general term for the effort of an attorney ... tiff. See also: affirmative defense special circumstances :: n. in criminal cases, particularly homicides, acti ... urant. See also: capital punishment self-defense :: n. the use of reasonable force to protect oneself ... ndalism. See also: assault homicide temporary insanity :: n. in a criminal prosecution, a defense by the acc ... diminished capacity insanity intent true bill :: n. the written decision of a Grand Jury (signed by ... to the court. See also: indictment vigilante :: n. someone who takes the law into his/her own hand ... lester of her child is a vigilante. turn states' evidence :: v. for a person accused of a crime to decide to gi ... recommendation of a light sentence. roadside test :: n. a preliminary test law enforcement officers use ... g while intoxicated Miranda warning rights :: n. 1) plural of right, which is the collection of ... evidence. See also: Miranda warning prosecution :: n. 1) in criminal law, the government attorney cha ... se). See also: prosecute prosecutor presumption :: n. a rule of law which permits a court to assume a ... resumption at all, but a certainty. public defender :: n. an elected or appointed public official (usuall ... to convicted indigents for appeals. remand :: v. to send back. An appeals court may remand a cas ... ee also: appeal preliminary hearing resisting arrest :: n. the crime of using physical force (no matter ho ... referred to merely as "resisting." waive :: v. to voluntarily give up something, including not ... the other state). See also: waiver acceptance of service :: n. agreement by a defendant (or his/her attorney) ... o accept service. See also: service arraign :: v. to bring a criminal defendant before the court, ... d. See also: appearance arraignment arguendo :: prep. Latin meaning "for the sake of argument," us ... rs most commonly in appeals briefs. arraignment :: n. the hearing in which a person charged with a cr ... re taken care of. See also: arraign assumption of risk :: n. 1) taking a chance in a potentially dangerous s ... d be damaged or prove unprofitable. attached :: adj. 1) referring to two buildings which are conne ... o: attachment fixture trade fixture answer :: n. in law, a written pleading filed by a defendant ... emurrer general denial verification amended complaint :: n. what results when the party suing (plaintiff or ... cause of action complaint demurrer admission :: n. a statement made by a party to a lawsuit or a c ... mission against interest confession actionable :: adj. when enough facts or circumstances exist to m ... ction lawsuit malicious prosecution affirmative defense :: n. part of an answer to a charge or complaint in w ... lp the defendant. See also: defense alter ego :: n. a corporation, organization or other entity set ... See also: pierce the corporate veil alternative pleading :: n. a legal fiction in which a party to a lawsuit o ... t the defendant committed the act). premises :: n. 1) in real estate, land and the improvements on ... t). See also: real estate structure piracy :: n. the crime of robbery of ships or boats on the o ... here the accused has been captured. exclusionary rule :: n. the rule that evidence secured by illegal means ... e poisonous tree motion to suppress entrapment :: n. in criminal law, the act of law enforcement off ... e drugs if not pressed by the narc? flight :: n. running away or hiding by a person officially a ... of avoiding arrest or prosecution. fugitive from justice :: n. a person convicted or accused of a crime who hi ... extradition. See also: extradition gag order :: n. a judge's order prohibiting the attorneys and t ... st day in office, January 22, 1993. directed verdict :: n. a verdict by a jury based on the specific direc ... element judgment jury trial verdict diminished capacity :: n. essentially a psychological term which has foun ... See also: insanity M'Naughten rule arrest warrant :: n. a judge's order to law enforcement officers to ... ommitted a crime. See also: warrant alibi :: n. an excuse used by a person accused or suspected ... which has to be the ultimate alibi. charge :: n. 1) in a criminal case, the specific statement o ... trial judge. 3) a fee for services. circumstantial evidence :: n. evidence in a trial which is not directly from ... circumstantial. See also: evidence custody :: n. 1) holding property under one's control. 2) law ... inor child. See also: child custody Grand Jury :: n. a jury in each county or federal court district ... arge indictment preliminary hearing habeas corpus :: (hay-bee-us core-puss) n. Latin for "you have the ... nality of a state court conviction. misrepresentation :: n. the crime of misstating facts to obtain money, ... etenses." See also: false pretenses magistrate :: n. 1) a generic term for any judge of a court, or ... ce of the peace preliminary hearing modus operandi :: (mode-us ah-purr-and-ee or ah-purr-and-eye) n. fro ... es to disguise a fraudulent scheme. O.R. :: n. short for "own recognizance," meaning the judge ... "OR-ed." See also: own recognizance overcharge :: v. 1) to charge more than a posted or advertised p ... osecutor to intimidate the accused. jury :: n. one of the remarkable innovations of the Englis ... hallenge sequester venire voir dire judge advocate general :: (J.A.G.) n. a military officer who advises the gov ... also: court-martial judge advocate impeach :: v. 1) to discredit the testimony of a witness by p ... ve been found guilty by the Senate. hearing :: n. any proceeding before a judge or other magistra ... e hearing preliminary hearing trial indictment :: n. a charge of a felony (serious crime) voted by a ... ictable offense preliminary hearing informed consent :: n. agreement to do something or to allow something ... . See also: consent Miranda warning judge advocate :: n. a military officer with legal training who has ... ourt-martial judge advocate general 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. defense attorney :: n. 1) the attorney representing the defendant in a ... lso: defendant plaintiff's attorney default judgment :: n. if a defendant in a lawsuit fails to respond to ... See also: complaint default summons denial :: n. a statement in the defendant's answer to a comp ... ative defense answer general denial deposition :: n. the taking and recording of testimony of a witn ... See also: deponent depose discovery dismiss :: v. the ruling by a judge that all or a portion (on ... nst that party. See also: dismissal direct and proximate cause :: n. the immediate reason damage was caused by an ac ... so: cause complaint proximate cause damages :: n. the amount of money which a plaintiff (the pers ... liquidated damages special damages cumulative sentence :: n. when a criminal defendant has been found guilty ... in a five-year term in the example. criminal law :: n. those statutes dealing with crimes against the ... See also: crime felony misdemeanor crime of passion :: n. a defendant's excuse for committing a crime due ... dant. See also: manslaughter murder cross-complaint :: n. after a complaint has been filed against a defe ... g prayer service of process summons cruel and unusual punishment :: n. governmental penalties against convicted crimin ... opted. See also: capital punishment cumis counsel :: n. an attorney employed by a defendant in a lawsui ... fendant be approved by the company. 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 frivolous :: adj. referring to a legal move in a lawsuit clearl ... ing the courts to resolve disputes. forum non conveniens :: (for-uhm nahn cahn-vee-nee-ehns) n. Latin for a fo ... most convenient location for trial. general denial :: n. a statement in an answer to a lawsuit or claim ... anguage. See also: answer complaint gravamen :: n. Latin for "to weigh down," the basic gist of ev ... o: cause of action charge complaint guilty :: adj. having been convicted of a crime or having ad ... on of guilt cop a plea plea bargain foreseeable risk :: n. a danger which a reasonable person should antic ... reseeable. See also: foreseeability file :: 1) v. to deposit with the clerk of the court a wri ... rrespondence and notes on the case. duty :: n. 1) a legal obligation, the breach of which can ... on imports. See also: duty of care duress :: n. the use of force, false imprisonment or threats ... pardoned by President Jimmy Carter. examination :: n. 1) the questioning of a witness by an attorney. ... irect examination testimony witness excusable neglect :: n. a legitimate excuse for the failure of a party ... See also: default default judgment exemplary damages :: n. often called punitive damages, these are damage ... See also: damages punitive damages counterclaim :: n. a retaliatory claim by a defendant against a pl ... d. See also: answer cross-complaint conviction :: n. the result of a criminal trial in which the def ... t has been found guilty of a crime. challenge :: n. the right of each attorney in a jury trial to r ... ess. See also: peremptory challenge cause of action :: n. the basis of a lawsuit founded on legal grounds ... property. See also: element lawsuit character witness :: n. a person who testifies in a trial on behalf of ... ases and civil cases such as fraud. clean hands doctrine :: n. a rule of law that a person coming to court wit ... ices. See also: affirmative defense closing argument :: n. the final argument by an attorney on behalf of ... . See also: opening statement trial capital offense :: n. any criminal charge which is punishable by the ... . See also: bail capital punishment caning :: n. a punishment for crimes employed in certain Asi ... last century in the United States. beyond a reasonable doubt :: adj. part of jury instructions in all criminal tri ... on moral certainty reasonable doubt bar :: 1) n. collectively all attorneys, as "the bar," wh ... a room, building, or real property. bias :: n. the predisposition of a judge, arbitrator, pros ... ire. See also: hometowned voir dire bifurcate :: v. the order or ruling of a judge that one issue i ... is necessary. See also: bifurcation but for rule :: n. one of several tests to determine if a defendan ... e damage. See also: proximate cause common counts :: n. claims for debt alleged in a lawsuit (included ... so: cause of action complaint count commutation :: n. the act of reducing a criminal sentence resulti ... See also: executive clemency pardon confrontation :: n. 1) fight or argument. 2) the right of a crimina ... s. See also: Bill of Rights witness confession of judgment :: n. a written agreement in which the defendant in a ... rms are fulfilled by the defendant. consent decree :: n. an order of a judge based upon an agreement, al ... he same. See also: consent judgment continuing objection :: n. an objection to certain questions or testimony ... ional distress. See also: objection contributory negligence :: n. a doctrine of common law that if a person was i ... : comparative negligence negligence confession and avoidance :: n. when a defendant admits the allegations in a co ... tries to avoid their legal impact. confession :: n. the statement of one charged with a crime that ... Miranda warning self-incrimination complaint :: n. the first document filed with the court (actual ... g prayer service of process summons competent :: adj. 1) in general, able to act in the circumstanc ... all bases. See also: evidence will concurrent sentences :: n. sentences for more than one crime which are to ... ith the longest period controlling. condemn :: v. 1) for a public agency to determine that a buil ... condemnation action eminent domain confess :: v. in criminal law, to voluntarily state that one ... Miranda warning self-incrimination impleader :: n. a procedural device before trial in which a par ... than having two suits in a series. |