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Dictionary of Law |
special circumstances :: legal definitionSpecial circumstances - n. in criminal cases, particularly homicides, actions of the accused or the situation under which the crime was committed for which state statutes allow or require imposition of a more severe punishment. "Special circumstances" in murder cases may well result in the imposition of the death penalty for murder (in states with capital punishment) or life sentence without possibility of parole. Such circumstances may include: rape, kidnapping or maiming prior to the killing, multiple deaths, killing a police officer or prison guard, or actions showing wanton disregard for life, such as throwing a bomb into a restaurant. See also: capital punishment and Related Law Terms ↓ Related Law Termsabortion :: n. the termination of pregnancy by various means, ... ed abortion continue in the future.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 appeal :: 1) v. to ask a higher court to reverse the decisio ... ng, as in "he has filed an appeal." back-to-back life sentences :: n. slang for consecutive life terms imposed by a j ... ther 25 years for a parole hearing. basis :: n. the original cost of an asset to be used to det ... ssistance. See also: adjusted basis Bill of Rights :: n. the first ten amendments to the federal Constit ... ved to the states or to the people. brief :: 1) n. a written legal argument, usually in a forma ... another person. See also: precedent capital gains :: n. the difference between the sales price and the ... so: basis delayed exchange exchange capital offense :: n. any criminal charge which is punishable by the ... . See also: bail capital punishment capital punishment :: n. execution (death) for a capital offense. The U. ... or death. See also: capital offense case of first impression :: n. a case in which a question of interpretation of ... rts may be examined as a guideline. child custody :: n. a court's determination of which parent, relati ... pport custody divorce joint custody citation :: n. 1) a notice to appear in court due to the proba ... se is not in point." See also: cite comity :: n. when one court defers to the jurisdiction of an ... of cases to which comity may apply. comparative negligence :: n. a rule of law applied in accident cases to dete ... utory negligence damages negligence contingent fee :: n. a fee to a lawyer which will be due and payable ... epend on the outcome are unethical. count :: n. each separate statement in a complaint which st ... also: cause of action common counts counterclaim :: n. a retaliatory claim by a defendant against a pl ... d. See also: answer cross-complaint court :: n. 1) the judge, as in "The court rules in favor o ... cost and wait of full court trials. damages :: n. the amount of money which a plaintiff (the pers ... liquidated damages special damages demurrer :: n. (dee-muhr-ur) a written response to a complaint ... demurrer. See also: motion pleading docket :: 1) n. the cases on a court calendar. 2) n. brief n ... r or make notes on action in court. extradition :: n. the surrender by one state or country of a pers ... ty. See also: fugitive from justice 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 first degree murder :: n. although it varies from state to state, it is g ... aughter murder second degree murder gravamen :: n. Latin for "to weigh down," the basic gist of ev ... o: cause of action charge complaint homicide :: n. the killing of a human being due to the act or ... aughter murder self-defense suicide insanity :: n. mental illness of such a severe nature that a p ... M'Naughten rule temporary insanity 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 law book :: n. any of numerous volumes dealing with law, inclu ... : common law law Shepardize statute libel :: 1) n. to publish in print (including pictures), wr ... libel per se public figure slander life estate :: n. the right to use or occupy real property for on ... hter, Sadie, will own the property. life without possibility of parole :: n. a sentence sometimes given for particularly vic ... or may someday reduce the sentence. living will :: n. also called "a durable power of attorney," it i ... upport. See also: power of attorney malpractice :: n. An act or continuing conduct of a professional ... eed. See also: errors and omissions manslaughter :: n. the unlawful killing of another person without ... laughter. See also: homicide murder municipal court :: n. a lower court which usually tries criminal misd ... nd/or small claims. See also: court murder :: n. the killing of a human being by a sane person, ... premeditation second degree murder negligence :: n. failure to exercise the care toward others whic ... gence per se res ipsa loquitur tort no fault insurance :: n: a type of automobile insurance required of car ... ling lawsuits. See also: negligence petty larceny :: n. a term used in many states for theft of a small ... emeanor in charging and sentencing. prosecute :: v. 1) in criminal law, to charge a person with a c ... rney General prosecution prosecutor rape :: 1) n. the crime of sexual intercourse (with actual ... See also: date rape statutory rape remainder :: n. in real property law, the interest in real prop ... ed reversion title vested remainder 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 special appearance :: n. the representation by an attorney of a person i ... anged. See also: general appearance state action :: n. in federal Civil Rights Acts, dating back to 18 ... for damages. See also: civil rights statute of limitations :: n. a law which sets the maximum period which one c ... ies. See also: demurrer laches toll supra :: (sooh-prah) Latin for "above," in legal briefs and ... d as Guinn v. United States, supra. trial :: n. the examination of facts and law presided over ... at a hearing held at a later time. vehicular manslaughter :: n. the crime of causing the death of a human being ... gence manslaughter reckless driving venue :: n. 1) the proper or most convenient location for t ... ion. See also: forum non conveniens 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 - Ssaid :: adj. a reference back to a thing that was previous ... automobile in a negligent manner."sale :: n. transfer of something (and title to it) in retu ... contract forced sale sheriff's sale salvage :: 1) v. to save goods. 2) n. payment to a person or ... which saves cargo from a shipwreck. sanction :: n. 1) a financial penalty imposed by a judge on a ... ction." See also: contempt of court satisfaction :: n. receiving payment or performance of what is due ... n contract satisfaction of judgment satisfaction of judgment :: n. a document signed by a judgment creditor (the p ... ord. See also: abstract of judgment satisfaction of mortgage :: n. a document signed by a lender acknowledging tha ... id off the debt. See also: mortgage save harmless :: v. 1) also called hold harmless, to indemnify (pro ... . See also: hold harmless indemnify savings and loan :: n. a banking and lending institution, chartered ei ... vings into the home finance market. scienter :: n. Latin for "having knowledge." In criminal law, ... ents were lies and thus fraudulent. scintilla :: n. Latin for "spark." Scintilla is commonly used i ... ark) upon which to base a judgment. scope of employment :: n. actions of an employee which further the busine ... ter and servant respondeat superior scrivener :: n. a person who writes a document for another, usu ... r practicing law without a license. seal :: n. a device which creates an impression upon paper ... e "sealed," but that is rare today. sealed verdict :: n. the decision of a jury when there is a delay in ... reconvenes. See also: jury verdict sealing of records :: n. trial records and decisions which a judge order ... eep the terms from public scrutiny. search :: v. 1) to examine another's premises (including a v ... e search and seizure search warrant search and seizure :: n. examination of a person's premises (residence, ... robable cause search search warrant search warrant :: n. a written order by a judge which permits a law ... ble cause search search and seizure second degree murder :: n. a non-premeditated killing, resulting from an a ... t degree murder manslaughter murder |