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Dictionary of Law |
extradition :: legal definitionExtradition - n. the surrender by one state or country of a person charged with a crime in another state or country. Formally, the request of the state (usually through the Governor's office) claiming the right to prosecute is made to the Governor of the state in which the accused is present. Occasionally a Governor will refuse to extradite (send the person back) if he/she is satisfied that the prosecution is not warranted, despite a constitutional mandate that "on demand of the Executive authority of the State from which [a fugitive from justice] fled, be delivered up, to be removed to the State having jurisdiction of the crime." The defendant may "waive extradition" and allow himself/herself to be taken into custody and returned to the state where charges are pending. International extradition is more difficult and is governed in many cases by treaty. While most countries will extradite persons charged with serious crimes, some will not, others refuse to extradite for certain crimes, set up legal roadblocks, or, as in Canada's case, will not extradite if the accused may get the death penalty. See also: fugitive from justice and Related Law Terms ↓ Related Law Termsabduction :: n. the criminal taking away of a person by persuas ... g of children. See also: kidnappingaccount stated :: n. a statement between a creditor or the person to ... ending on the state. See also: debt accusation :: n. 1) in legal terms accusation means officially c ... im of wrongdoing by another person. acknowledgment :: n. the section at the end of a document where a no ... me leases and various other papers. actionable :: adj. when enough facts or circumstances exist to m ... ction lawsuit malicious prosecution adjuster :: n. an employee (usually a non-lawyer) of an insura ... e company in approving settlements. administrator :: n. the person appointed by the court to handle the ... e also: administer executor probate affirmative defense :: n. part of an answer to a charge or complaint in w ... lp the defendant. See also: defense alien :: 1) n. a person who is not a citizen of the country ... 3) v. to convey title to property. appeal :: 1) v. to ask a higher court to reverse the decisio ... ng, as in "he has filed an appeal." arrest :: v. 1) to take or hold a suspected criminal with le ... anda warning probable cause warrant articles of incorporation :: n. the basic charter of a corporation which spells ... year's taxes. See also: corporation attempt :: v. and n. to actually try to commit a crime and ha ... felt he tried but did not succeed. Attorney General :: n. in each state and the federal government the hi ... izenry. See also: Solicitor General 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. brief :: 1) n. a written legal argument, usually in a forma ... another person. See also: precedent capital offense :: n. any criminal charge which is punishable by the ... . See also: bail capital punishment caption :: n. the first section of any written legal pleading ... to the exact format of the caption. case of first impression :: n. a case in which a question of interpretation of ... rts may be examined as a guideline. character witness :: n. a person who testifies in a trial on behalf of ... ases and civil cases such as fraud. chattel mortgage :: n. an outmoded written document which made a chatt ... ed by the property. See also: UCC-1 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 civil :: adj. 1) that part of the law that encompasses busi ... also: civil liberties civil rights comity :: n. when one court defers to the jurisdiction of an ... of cases to which comity may apply. commutation :: n. the act of reducing a criminal sentence resulti ... See also: executive clemency pardon comparative negligence :: n. a rule of law applied in accident cases to dete ... utory negligence damages negligence conscientious objector :: n. a person who refuses to serve in the military d ... ometimes call them "draft dodgers." constitutional rights :: n. rights given or reserved to the people by the U ... e also: Bill of Rights constitution contingent fee :: n. a fee to a lawyer which will be due and payable ... epend on the outcome are unethical. corporation :: n. an organization formed with state governmental ... ation public corporation securities 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. court costs :: n. fees for expenses that the courts pass on to at ... ee also: cost bill prevailing party d.b.a. :: n. short for "doing business as," when a person or ... that is registered with the state. descent :: n. the rules of inheritance established by law in ... on inheritance intestate succession disinherit :: v. to intentionally take actions to guarantee that ... rorem clause pretermitted heir will domicile :: n. the place where a person has his/her permanent ... where its headquarters is located. double jeopardy :: n. placing someone on trial a second time for an o ... that occurred thirty years earlier. equal opportunity :: 1) n. a right supposedly guaranteed by both federa ... be so. See also: affirmative action equal protection of the law :: n. the right of all persons to have the same acces ... laws." See also: due process of law fair comment :: n. a statement of opinion (no matter how ludicrous ... amation libel public figure slander false arrest :: n. physically detaining someone without the legal ... sment. See also: false imprisonment felony :: n. 1) a crime sufficiently serious to be punishabl ... ion. See also: misdemeanor sentence fictitious defendants :: n. when a party suing (plaintiff) is not sure if h ... are not permitted in federal cases. fugitive from justice :: n. a person convicted or accused of a crime who hi ... extradition. See also: extradition grace period :: n. a time stated in a contract in which a late pay ... the contract, i.e. your insurance. Grand Jury :: n. a jury in each county or federal court district ... arge indictment preliminary hearing grand larceny :: n. the crime of theft of another's property (inclu ... f the loot. See also: larceny theft gravamen :: n. Latin for "to weigh down," the basic gist of ev ... o: cause of action charge complaint guardian :: n. a person who has been appointed by a judge to t ... torship. See also: conservator ward hearsay rule :: n. the basic rule that testimony or documents whic ... interest dying declaration hearsay in personam :: adj. (in purr-soh-nam) from Latin for "directed to ... here. See also: in rem jurisdiction incest :: n. sexual intercourse between close blood relative ... ily genes carrying such weaknesses. 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 insufficient evidence :: n. a finding (decision) by a trial judge or an app ... l court. See also: evidence finding interest :: n. 1) any and all, partial or total right to prope ... nal property real property standing judge :: 1) n. an official with the authority and responsib ... ice justice of the peace magistrate jump bail :: v. to fail to appear for a court appearance after ... also: bail bail bond bail bondsman 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 justice :: n. 1) fairness. 2) moral rightness. 3) a scheme or ... e appellate courts. See also: court justice of the peace :: (JP) n. a judge who handles minor legal matters su ... ersons to qualify by taking a test. juvenile court :: n. a special court or department of a trial court ... See also: court juvenile delinquent juvenile delinquent :: n. a person who is under age (usually below 18), w ... low as 14. See also: juvenile court 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 living will :: n. also called "a durable power of attorney," it i ... upport. See also: power of attorney mandamus :: (man-dame-us) n. Latin for "we order," a writ (mor ... mandamus. See also: writ of mandate 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 contest :: n. in criminal law, a defendant's plea in court th ... : nolo contendere plea plea bargain no fault insurance :: n: a type of automobile insurance required of car ... ling lawsuits. See also: negligence nolle prosequi :: (no-lay pro-say-kwee) n. Latin for "we shall no lo ... nocent and declared nolle prosequi. not guilty :: n. 1) plea of a person who claims not to have comm ... t guilty by reason of insanity plea notary public :: n. a person authorized by the state in which the p ... he state which appoints the notary. own recognizance :: (O.R.) n. the basis for a judge allowing a person ... n recognizance. See also: bail O.R. pardon :: 1) v. to use the executive power of a Governor or ... also: amnesty commutation reprieve people :: n. the designation for the prosecuting government ... secutions, United States v. Miller. 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 prima facie :: : (pry-mah fay-shah) adj. Latin for "at first look ... t" case. See also: prima facie case 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 property :: n. anything that is owned by a person or entity. P ... rty real property separate property 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 rape :: 1) n. the crime of sexual intercourse (with actual ... See also: date rape statutory rape search and seizure :: n. examination of a person's premises (residence, ... robable cause search search warrant sedition :: n. the federal crime of advocacy of insurrection a ... e rare. See also: espionage treason 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 special circumstances :: n. in criminal cases, particularly homicides, acti ... urant. See also: capital punishment speedy trial :: n. in criminal prosecutions, the right of a defend ... hurt by the waiver. See also: trial state action :: n. in federal Civil Rights Acts, dating back to 18 ... for damages. See also: civil rights state of domicile :: n. the state in which a person has his/her permane ... orated. See also: domicile resident statute of limitations :: n. a law which sets the maximum period which one c ... ies. See also: demurrer laches toll substituted service :: n. accomplishing service (delivery) of legal docum ... ee also: service service of process supra :: (sooh-prah) Latin for "above," in legal briefs and ... d as Guinn v. United States, supra. 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 title :: n. 1) ownership of real property or personal prope ... ink slip real property title search trial :: n. the examination of facts and law presided over ... at a hearing held at a later time. variance :: n. 1) an exception to a zoning ordinance, authoriz ... process." See also: dismissal proof 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 warrant :: 1) n. an order (writ) of a court which directs a l ... e search and seizure search warrant will :: n. a written document which leaves the estate of t ... will and testament probate testator 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 - Eearnest payment :: n. a deposit paid to demonstrate commitment and to ... (liquidated) or committed damages.easement :: n. the right to use the real property of another f ... rstandings at the time of creation. egress :: n. way of departure. A word usually used in conjun ... unction with "access" or "ingress." EIR :: n. popular acronym for environmental impact report ... e also: environmental impact report ejectment :: n. a lawsuit brought to remove a party who is occu ... o the property through her parents. ejusdem generis :: (eh-youse-dem generous) v adj. Latin for "of the s ... t was of land-based transportation. elder law :: n. a specialty in legal practice, covering estate ... t field. (definition revised: 9/02) election of remedies :: n. an outmoded requirement that if a plaintiff (pa ... dence has not been fully presented. election under the will :: n. in those states which have statutes which give ... arries) left to her under his will. eleemosynary :: (eh-luh-moss-uh-nary) adj. charitable, as applied ... pplied to a purpose or institution. element :: n. 1) an essential requirement to a cause of actio ... of action crime general plan zoning emancipation :: n. freeing a minor child from the control of paren ... vorced parent to pay child support. embezzlement :: n. the crime of stealing the funds or property of ... in trust. See also: embezzler theft embezzler :: n. a person who commits the crime of embezzlement ... r property of an employer or trust. emblements :: n. crops to which a tenant who cultivated the land ... ome the property of his/her estate. emergency :: n. a sudden, unforeseen happening which requires a ... r to protect lives and/or property. eminent domain :: n. the power of a governmental entity (federal, st ... ngs. See also: condemn condemnation emolument :: n. salary, wages and benefits paid for employment ... d for employment or an office held. emotional distress :: n. an increasingly popular basis for a claim of da ... ar value upon it. See also: damages employee :: n. a person who is hired for a wage, salary, fee o ... ondeat superior scope of employment |