You can scroll on the bar or click the appropriate letter to find what you would like. Accessory An accessory before the fact helps another person commit or try to commit a crime but is not present at the commission of the crime. An accessory during the fact witnesses a crime but does not do what he or she could do to prevent it. An accessory after the fact helps another avoid arrest for the commission of a crime. Accomplice An individual who joins with another to commit a crime. The accomplice bears equal responsibility under the law. Actus reus A wrongful act, as opposed to mens rea-thoughts and intentions behind the act. For example, in a murder, homicide is the actus reus, and malice aforethought is the mens rea. Adjudication A final judgment in a legal proceeding. Affidavit A written statement sword or affirmed to be true before a person legally authorized to administer an oath. Age Of Consent The minimum age for marrying without parental consent; also, the minimum age for consensual sexual relations. Sexual intercourse with someone below the age of consent can result in a charge of assault or statutory rape, even if both people participate willingly. Alibi An assertion or fact placing the defendant at the time of the crime in another location than the scene of that crime. Amicus Curiae Latin for "friend of the court." A person or organization not party to a case who submits information useful to the court in that proceeding. Amicus curiae briefs generally are submitted when the suite involves matters of wide public interest. Amnesty An act of government forgiving members of a group, such as unregistered gun owners or illegal aliens, who normally would be subject to prosecution. Appeal A request to a superior court to reverse the decision of a lower court or a government agency or to grant a new trial. Appellate Court A court whose jurisdiction is confined to reviewing decisions of lower courts or agencies. Arraignment A court procedure in which formal charges are brought against a defendant, who is advised of his or her constitutional rights and may have the opportunity to offer a plea. Assault A threatened or attempted physical attack in which the attacker appears to have the ability to bring about bodily harm if not stopped. Aggravated assault involves an attack perpetrated with recklessness and intent to injure seriously or an assault with a deadly weapon. Battery is an assault in which the assailant makes physical contact with the victim. Attachment A court writ authorizing legal authorities to seize property that may be needed for the payment of a judgment in a judicial proceeding. See also writ. Bail Security provided to ensure the presence of a defendant in court during the course of a case. Defendants raising this security are said to "make bail"; those fleeing and forfeiting the security have "jumped bail." The actual document securing the defendant's release is the "bail bond." Bar A collective term for all lawyers practicing in a particular court system. Battery See assault Bench Warrants A court order authorizing a public official to arrest a person and bring that individual to court. Bequest Personal property bequeathed (given as a gift) in a will. Devise is the term for handing down real property (land and what is built upon it or affixed to it through a will. Beyond A Reasonable Doubt The degree to which jurors must be convinced before they may convict a person of a crime. The jurors must find the prosecution's case proven beyond the point at which a reasonable, average, prudent person would be convinced before returning a verdict of guilty. Bill Of Particulars the specific events to be dealt with in a criminal trial, presented to the defendant so that he or she may effectively prepare a defense. Binding Over The action of a lower court shifting a case to a grand jury or superior court when the inferior court believes that a crime has been committed. Also, a court order to jail a defendant during the course of a proceeding. Boilerplate Language uniformly found in certain types of documents-for instance, the "small print" in a contact that people often neglect to read. Breach Of Contract Failure to do something required in a contract. See also Contract. Breaking and Entering The illegal entrance into premises with criminal intent. Simply pushing a door open and walking in may constitute breaking and entering. Brief A document in which a lawyer makes his or her client's case by raising legal points and citing authorities. Burden Of Proof In a civil case, the requirement that a plaintiff or defendant must show that the majority of evidence is on his or her side in order to win a suit. In a criminal case, the prosecutor's burden of proof is to prove every fact involved in a charge. Burglary Unlawful presence in a building with the intent of committing a felony or taking something of value. See also robbery. Capacity The ability to understand the facts and significance of one's behavior. A defendant cannot be convicted of a crime in which he or she did not have the legal capacity to comprehend it. Cease and Desist Order A legal order preventing a person or organization from continuing a specific activity. A mandatory injunction, on the other hand, orders the performance of a specified act. Certiorari A write in which a superior court commands an inferior court to deliver the records of a proceeding to the superior body so that it may decide whether there is basis for appeal. Character Witness See witness Chattel Personal, rather than real, property. A chattel mortgage, for example, is a loan to buy an expensive item, such as a car, in which the item, or chattel, is security for the debt. Circumstantial Evidence Evidence based not on direct observation or knowledge but implied from things already known. Civil Contempt See contempt of court. Class Action A lawsuit brought by a group of people with a shared purpose. Clemency A reduction of criminal punishment, often granted to prevent the execution of a prisoner. Codicil An addition to a will altering it. Common-Law Marriage A relationship in which two people live together as husband and wife without formally getting married. Community Property Property owned by a husband and wife jointly. Competency Hearing A procedure to determine legal capacity (for example, of a defendant in a criminal case), understand the charges, and cooperate with a lawyer in preparing a defense. Compos Mentis is a finding of competence to stand trial; non compos mentis is the finding of a lack of competence to go to trial. Complaint The first statement of facts (in a civil proceeding) or accusation (in a criminal case). Compos Mentis See competency hearing. Consent Decree An agreement between two parties sanctioned by the court-for example, between a company and the government, involving allegations of violations of antitrust laws. In the consent decree, the company would agree to cease such practices without formally admitting guilt. Conspiracy The plotting by two or more people to break the law. Contempt Of Court Anything done to hinder the work of the court. Civil contempt involves failure to follow a court order benefiting another party in a case, as in the failure to ay court-ordered damages; criminal contempt consist of the obstruction of justice. Contract A commitment between two or more parties, enforceable by law. Corpus Delicti The object upon which a crime has been committed. The term does not necessarily refer to a body, although a corpse with a knife in its back would be an example in a homicide. Corroborating Evidence Additional evidence of a different character to the same point that backs up proof already offered in a proceeding. Criminal contempt See contempt of court. Criminal Negligence See negligence. Cross-examination The interrogation of a witness to discredit or show in a new light testimony that was offered by that person during direct examination. Custody In a divorce case, the right to house, care for, and discipline a child. Damages A court-ordered monetary award to someone who has suffered loss or injury by another. De Facto Actually exercising power though not legally or officially established. A practice sanctioned by custom, as opposed to de jure, See de facto. Decree A court's decision in a case; its judgment. Defamation The damaging of another person's reputation through writing (libel) Or speech (slander) Default Judgment A court determination made against a defendant who fills to show up in a court or fails to take some other court-required action. Defendant A person or institution being sued for accused in a legal proceeding. Deposition A pretrial interrogation of a witness, usually in a lawyer's office. Devise See bequest Directed Verdict A verdict declared by the court in a civil trial before the jury gets the case. Judges render this verdict when the facts and the law in a case point to a definite conclusion. There cannot be a directed verdict of guilty in a criminal trial, since that would violate a defendant's right to trial by jury. Discovery A pretrial process that enables one side in a litigation to elicit information from the other side relating to the facts in the case. Disorderly Conduct A broad spectrum of offenses, such as drunkenness or fighting that disturbs the public peace. District Attorney See prosecutor. Docket A list of cases to be tried by a court- its calendar. Also, a summary of a court's activities. Double Jeopardy The condition of being tried a second time for a crime after the first case has been decided. Double jeopardy is prohibited by the 5th Amendment of the U.S. Construction. Due Process The general doctrine that legislation must promote the legitimate aims of government (substantive due process) and that nobody can be deprived of liberty or property through unfair procedures (procedural due process). Easement The right to use another person's land. Emancipation The parental yielding of authority over, control over, and responsibility for a minor. Eminent Domain The right of the state to convert private property to public property. Entrapment A defense by which a defendant seeks to show that he or she would not have committed an unlawful act if not tricked into doing it by law-enforcement officials. Equal Protection The 14th-Amendment requirement that all groups of people be treated equally by the legal system. Estate Everything an individual owns. Eviction The dispossessing of a tenant from land or premises he or she has occupied. Evidence Testimony, documents, and objects used to prove matters of fact at a trial. Exclusionary Rule A rule preventing introduction at a criminal trial of evidence obtained in violation of the 4th amendment's prohibition against unreasonable searches and seizures, even if that evidence otherwise would be admissible. See also search and seizure. Executor/Executrix A man or woman, respectively, appointed to administer the provisions of a will. Eyewitness A person who can testify as to what happened because he or she was there when it happened and saw it. Technically, a person who offers testimony of something overheard is an earwitness. Fair Hearing A special administrative procedure set up to ensure that a person will not be harmed or denied his or her rights without due process of law before a court can intervene. Examples of extraordinary circumstances calling for a fair hearing include loss of welfare benefits and deportation. Fair Use The conditions under which a person can use material copyrighted by another. False Imprisonment See kidnapping. False Pretenses The means used to take another's property through trickery. This crime involves the intent to secure the title to the property through some seemingly legal transaction. See also Larceny. Fee An interest in which land is or may become possessory; freehold is land held in fee. Felony A serious crime, as opposed to a misdemeanor. The distinction often is made in terms of the applicable punishment; felonies are punishable by a certain minimum prison term-under federal law, one year. Felony Murder A homicide committed in the course of another crime, such as a burglary. Fiduciary A person in a position of trust who acts for the benefit of another person. Examples are executors, corporate directors, and infant guardians. Finding The basis in fact or law for a judgment. See also judgment. Fraud The injury of a person or group of persons through deceit. Freehold See Fee Frisk See stop and frisk Garnishment The legal impoundment of funds by which a creditor sends notices through the court to the debtor's employer, thus seizing the debtor's salary to pay off the debt owed to the creditor. Grand Larceny See Larceny Grandfather Clause A provision in some laws allowing people who had legally engaged in an activity prior to its restriction by law to continue to engage in that activity. Guardian A person entrusted to look out for the interests of a minor or an incompetent person. The specific fiduciary relationship is defined by law and court orders. Habeas Corpus The order by a judge to have a prisoner brought to court to determine the legality of the imprisonment. Homicide An act in which one person causes the death of another. See also manslaughter; murder. Hung Jury A jury that is unable to reach a verdict. Immunity From Prosecution The exemption of a witness from prosecution to thwart a refusal to testify based on constitutional rights. The witness cannot be prosecuted on the basis of anything he or she says while testifying under such immunity. Impanel To select a jury. In Camera A judicial proceeding from which the public is excluded. Although the term literally means "in chambers," the proceeding can be held anywhere outside of open court. In Loco Parentis A person or institution acting toward a minor "in place of parents" without a formal adoption procedure-for example, the relationship between a school and a student. In Rem A proceeding involving property without reference to the claims of people on that property. Indictment A document delivered to a grand jury in which a public prosecutor accuses one or more persons of committing a crime. If the grand jury thinks the evidence submitted is sufficient to warrant a trial, it endorses the indictment as a true bill. Infant a person who has not reached the age of majority (usually 18), at which he or she enjoys the full rights of citizenship and is legally responsible for his or her acts. Information A prosecuting attorney's written accusation of criminal activity, similar to an indictment but not presented to a grand jury. Information may be used to initiate proceedings against defendants in state, but not federal, courts. Infringement A violation of a law or right. Injunction A court order preventing someone from doing a specific act. Injury The violation of a person's rights to the point where he or she suffers any kind of damage, including financial. Inquest A coroner's investigation into the cause of death. Insanity A mental state in which a person lacks legal responsibility. Interstate Without a will. Judgment A court's final decision in a case. See Also Verdict. Jury A representative group of people who determine issues of fact at a trial. The Constitution guarantees the right to trial by jury for all crimes punishable by imprisonment for more than six months. In civil trials, juries range in number from 6 to 12 people. State trial juries do not need a unanimous vote to convict (with the exception of six-person juries), but federal juries do. Kidnapping The illegal seizure and removal of a person without his or her consent. False imprisonment involves illegally confining a person against his or her will without moving that person and may be committed by police officers who fail to make arrests properly. Larceny The act of gaining the use or possession of property through an overtly illegal act, as in stealing a car. Grand larceny involves the theft of an object worth more than a specified amount. See also robbery. Leading Question A lawyer's question to a witness that predetermines the answer, thus putting words in the witness's mouth. Such questions are legitimate during cross-examination but not during direct examination. Libel See defamation. Magistrate An official, such as a justice of the peace, who performs low-level judicial functions. Majority, Age Of See infant. Malfeasance Wrongful conduct by a public official. Misfeasance is the misperforming of a proper act. Nonfeasance is the nonperformance of an act that a person has agreed to or is duty-bound to do. Malice Aforethought An antisocial state of mind, often at issue in a murder trial, marked by cruelty and recklessness for which there is no justification. See also Manslaughter. Malpractice Wrongful conduct by a professional, either through negligence or lack of ethics. Mandamus A writ commanding someone, often a public official, to perform some act. Mandamus frequently is issued when time is of the essence. See also writ. Mandatory Injunction See Cease and desist order. Manslaughter Homicide without malice aforethought. Voluntary manslaughter is homicide with mitigating circumstances-for example, a fight in which one person kills another. Involuntary manslaughter is killing through criminal negligence, as in drunk driving. Material Witness See witness. Mens Rea See actus reus. Miranda Rule The obligation of the police, when interrogating someone after an arrest, to read to that person his or her constitutional rights. These rights include the right to a lawyer, to remain silent until advised by counsel, and to know that anything he or she say may be used as evidence. Misdemeanor See felony Misfeasance See malfeasance. Mistrial The ending of a trial before the rending of a verdict. Possible causes include a hung jury or the incapacity of the judge, jurors, or attorneys. Mitigating Circumstances Conditions under which a crime was committed that tends to reduce the punishment in a case-for example, the circumstances leading to a crime of passion. Moral turpitude Baseness, depravity, vileness, or extreme antisocial behavior. A person's moral turpitude is sometimes taken into account by a judge when sentencing. Murder Homicide with malice aforethought. Murder in the second degree generally involves less premeditation than the same crime in the first degree. See also malice aforethought; premeditation. Negligence Carelessness, acting without reasonable caution, putting another person at risk of injury, or not performing an act that one is obliged to do, with the same consequences. In criminal negligence, there is the added element of recklessness. Next of Kin Closest blood relatives or, lacking them, the next closest relations, even if they are related only by marriage. Nolo Contendere A defendant's statement that the charges in a case will not be contested. Non Compos Mentis See competency hearing. Nonfeasance See Malfeasance. Notary Public A person with the authority to administer oaths, witness documents, and accept depositions. On The Merits A court judgment resting on the facts in the case rather than on a legal technicality. Open Court Judicial proceedings fully accessible to the public. Pardon An act by which a governor or the president can excuse a person from punishment and restore his or her civil rights; however, a pardon usually does not wipe out a conviction. Parole The release of a person from prison under controlled conditions. The parolee must fulfill certain requirements, such as reporting regularly to a parole officer. Perjury The act of lying while under oath. Plaintiff The person who initiates a lawsuit. Plea A defendant's answer to a complaint. Plea Bargain A deal between the prosecutor and the accused, in which the accused pleads guilty in return for lesser punishment than, might be received at the end of a trial. Polling The Jury A proceeding in which the judge asks each juror, after the verdict has been rendered, to restate his or her decision in the case. Power Of Attorney A document in which one person authorizes another to act as an agent on his or her behalf. Preliminary Hearing A proceeding held after an arrest but before an indictment to see whether there is sufficient evidence to continue holding the prisoner and proceed with a case. See also indictment. Premeditation The degree of planning and forethought sufficient to show intent to commit an act-often a factor in determining the degree of guilt in a murder case. Preponderance Of Evidence The standard of proof used to settle civil lawsuits determining which side's evidence has greater weight. Presentment A grand jury's accusation, based not on material presented to it by a prosecutor, but on its own investigation. Preventive Detention The holding of a prisoner without bail; also accomplished by setting bail so high that the prisoner cannot meet it. Pro Bono Meaning "for the good"- the taking of a case by an attorney without a fee. Pro bono cases often are defended on behalf of groups backing important causes. Probable Cause The rule under which police need to have a reasonable belief that someone has committed a crime before making an arrest, or that the object for which they are searching in connection with a crime is at a specific location before they search for and seize it. See also search and seizure. Probate The process by which the legitimacy of a will is established. Probation The suspension of a person's sentence, leaving that individual at liberty but under court supervision. Process A writ requiring that a person appear in court. Prosecutor The person responsible for bring the accused to justice. Depending on the level on which he or she functions, the prosecutor usually is called a district attorney, county prosecutor, federal prosecutor, or, if appointed by a legislature to conduct an investigation, a special prosecutor. Protective Custody The imprisonment of an individual for his or her own protection. Public Defender A lawyer provided by the state to an accused person who cannot afford or refuses counsel. Real Property Land and what is built on it, growing upon it, and affixed to it. Reasonable Doubt See beyond a reasonable doubt. Release On One's Own Recognizance To free the accused on a promise to appear in court rather than on bail. Restraining Order A temporary order granted to prevent some action until a hearing can be held on that action. Robbery The use of violence or intimidation to seize another person's property. See also burglary. Search And Seizure A law-enforcement procedure involving the search of a person or premises when police have probable cause to suspect they will find and be able to seize criminal evidence. See also probable cause; search warrant. Search Warrant A court order authorizing law-enforcement officials to look for objects or people involved in the commission of a crime and to produce them in court. The order stipulates the places that the officials may search. Self-Defense A plea by which a person may justify the use of force to ward off an attack if the attack was unprovoked, retreat was impossible, and the threat of harm seemed imminent. Self-Incrimination An act in a legal proceeding by which a person says something that causes him or her to appear guilty of some type of crime. Under the 5th amendment, a person cannot be forced to make such a statement. Sequester To prevent a jury from having outside contacts until a trial is finished. Show Cause Order A court order, issued at the request of one party, requiring a second party to convince the court, usually within a matter of days, that a specific act should not be carried out or allowed. Slander See defamation. Statute Of Limitations The period of time during which a person may initiate a legal action. Statutory Rape A criminal offense involving sex with a boy or girl under the age of consent; the age differs in various states. Stay A court order preventing some act or proceeding until a specific condition is met or the stay is lifted. Stop And Frisk A procedure in which police who believe a suspect may be carrying a weapon with the intent to use it can stop that person and search the suspect's outer layer of clothing for a weapon. Subpoena A court writ requiring a person to appear to testify at a judicial proceeding at a specific time and place under penalty of law. Summary Judgment A procedure by which a party in a civil dispute, if it believes that the other side's argument is without merit, can move to have a case resolved before going to trial. Summons A notice to appear in court as a defendant in a suit. Testament see will Tort A violation of legal duty, not involving a contract, that results in harm to another person or another person's property-for example, an act of libel that damages a person's reputation. True Bill See indictment. Verdict A judge or jury's finding of fact. The judgment, not the verdict, is the final determination in a case. For example, a judge can declare a jury's verdict false that is, invalid-because it is not based on the evidence. Voir Dire A term usually applied to the interrogation of people to determine their competency as jurors. The term, which is French for "speak the truth," also describes a trial hearing without the jury present to determine a matter of fact or law, such as the validity of a confession. Waiver The conscious forgoing of a legal right. Warrant A court writ directing a public employee to do something-for example, to make an arrest. Will A document specifying the disposition of a person's property after his or her death. Most states require two or three people to witness a will. Although will generally means the same thing as testament., the latter applies only to the distribution of personal property, as opposed to real property. Witness A person who testifies in court under oath. A material witness is one whose testimony is central to a case; a character witness testifies to the character of an individual. Writ A written order from a judicial body commanding a law-enforcement officer to do something specified. Wrongful Death statute A law that enables survivors or the person administering an estate to sue for monetary compensation for a death caused by some person or persons. The law is based on the fact that the death deprives survivors or the estate of the services or income of the deceased. Youthful Offender One who, at a judge's discretion, may be sentenced with special consideration given to his or her age. The category applies to defendants older than juveniles (no longer minors) but not yet, in the opinion of the judge, adults. Offender is usually between the ages of 18 and 25.     COPYRIGHT©2005 VICTORIA PACKING CORP. ALL RIGHTS RESERVED ( CTR-110505-LEG)